The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-01-21
THE CLAwsoN CASE.


The decision Of the United States Su
preme Court, affirming the opinion of
the Territorial Supreme Court denying
the petition of Rudger Clawson for ad-
mission to bail pending the determine
ton of his case by the Supreme Court,
is nothing more than was expected by
the majority of the local bar, and hy
Iaymen at all familiar with the practice
in courts. Indeed, q different ruling
would have been rather surprising than
otherwise; although the fact that two
of the Supreme Court justiees-and two
whose knowledge of the law is conceded
to be quite as large as that of any other
members of the court-dissented from
the opinion of the majority, shows
that the appeal was worth taking.
The rule is that appellate courts are
adverse to mandatory interference with
the lower courts in matters of the exer-
else of discretion. In this case it seems
to have been discretionary with the
District Court whether the defendant
should be held or admitted to bail pend
ing the bearing of the appeal; and the
court exercised its discretion against
the accused. If it had been question
of the stretch of law, the Supreme
Court might have. interfered to protect
the defendant against the malice or
prejudice of the court, but it would not
interfere to correct judges unwise,
not unlawful, exercise of discretion. The
Supreme Court may have been, and UNI
doubtedly was influenced by prejudice,
but as it had no misinterpretation
of the law 10 correct, it could
consistently refuse to grant the
prayer of the petitioner, without doing
violence to any act or running counter
to any rule OF practice.
The error was committed in the
District Court here, where the courts
rank prejudice led it into wilful and
cruel exercise of power. It is hard for
Mr.. Clawson to be made the victim of
courts malice, to the extent of suffer
ingi as a criminal when the future is
quite likely to oEerturn the proceedings
that have landed him in the peniten-
tiary, pending definite conviction of the
offense charged; but this hardship
comes from an inconsistency Of thelaw
which places such large discretionary
powers in the hands of prejudiced
court. Through the adverse exercise of
this power, an accused person is
being made to suffer as il he were really
and ir1evecebiy convicted, though six
months hence he may be free man.
Rudger Ciawson's case now stands in
this position. It was, on Tuesday,
argued befsre the Supreme Court of the
Territory. and nothing further can be
done until this tribunal renders its de-
cision. The opinion may come this
week, or be postponed until June next
when the court will meet again, though
it is understood that the decision win be
given before the adjournment of the
present term. Should the opinion af-
firm the judgment of the District Court,
an appeal will be Immediately taken to
the United States Supreme Court, but
should the District Court be reversed,
the case will be remanded for new
trial, the defendant meantime being
necessarily released on bail. In the
United States Supreme Court, were the
regular order followed, hearing would
not be had under three years, but in all
probability the court would advance il
upon the calendar SO as to give it hear
ing before the summer recess. Mean
time, Mir. Clawson is in the peniten
tiary as a criminal, though he is serving
no portion of his sentence, the latter mo-
beginning until the final opinion in the
upper court should the case go so far