Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-12
THE RECOMMENDATIONS.

Some of the recommendations made in
the report of the Utah Commission are
very good and some are not. The recon-
mendations TO which we except are the
second, the fifth, sixth and seventh. To
the second one we except because of the
great impolicy of permitting legal wife
TO testify against her husband. Ii such
wife is made u competent witness, she
can be compelled to testify against her
husband, and this would open Il wide
door to perjury. The sanctity in which
the common law has always held the re-
lationship OF husband and wife should be
preserved, and the experience OF this Ter
ritory has already demonstrated that first
wives will not avail themselves of the di-
vorce laws where their husbands have
entered into polygamous marriages. II
they will not avail themselves of the
divorce laws, they certainly will
not avail themselves OF criminal
law; and this fact should be
considered. To make first wife n COM
petent witness against her husband would
be TO destroy ab initio that confidence
which should exist between husband and
wife. The same reasons exist in this par
ticular case which have always existed
against making wife witness against
her husband. Ii she chooses to become
witness against her husband, well and
good, but she should not be compelled to
testify against him.
The fifth recommendation asks that the
jurisdiction OF Justices OF the Peace be
conferred upon United States Commits
sioners. We can see no necessity in the
world for this, and to confer this jurisdic-
ton would be, to that extent, to abolish
local self-government, for eventually the
Commissioners courts would supplant
the Justices courts. 1t is much the same
thing as it would be to put upon the Gov
ernor the duties OF a constable. If the
duties OF the constable were put upon the
Governor, he would certainly have to ex-
ecute all orders OF the Justices OF the
Peace.
The objection to the sixth recommen-
dation is that it does away with local self
government in II much greater degree
than does the fifth recommendation.
The seventh recommendation asks for
open venire in all cases prosecuted under
United States laws. The objection to this
is that it gives every opportunity to pack
jury, land experience long since proved that
where the chance to pack Jury exists,
the chance is usually availed OF. And
then no mans integrity is so good guar
anty that a jury shall be impartial as the
checks and safeguards OF statutory law.
Then again, the Poland law provides for
the selection OF Jurors, and it was decided
in the Clawson ease that when the panel
had been exhausted in accordance with
that law, an open venire may issue. There
can be no objection to drawing Il Jury
according to the provisions OF that law,
and If its provisions prove inadequate
there is the resource of an open venire.
The recommendation OF Il Supreme
Court separate aud distinct from the Dis
trict Courts would have been preferable
to mere increase Of Judges. The Dis
trct Courts in Utah should be increased
in number, but still no trial Judge should
be allowed to sit in the Supreme Court.
The recommendation for the abolshment
of the statute of limitations in polygamy
cases is among the best recommendations
OF all. We can see no reason for intro
ducing the Chinese question into the
recommendations. There is Il good deal
OF demagogy in this recommendation
about the Chinese, and the importation of
contract laborers and paupers, and is de-
cidedly far fetched.
AS whole the report is very good, but
we notice that the Commission do not fail
to recommend the Commission more
highly than anything else. In their sixth
recommendation they suggest that the
Territorial Auditor and Treasurer, Com
mlssloners to locate university lands,
Probate Judges. County Clerks,
County Selectmen, County Assessors and
Collectors and County Superintendents of
Schools" be appointed by the Governor,
but the appointments to be subject 10 con-
.frmation by the Commission. At the
close OF their report the Commission sug-
gest three plans for the settlement OF the
Utah question. The one is Legislative
Commission, another the Idaho plan of
disfranchisement, and the other is the
appointment OF all officers by the Gov
ernor. As the Commission say call these
appointments could be properly filed by
the Governor OF the Territory, subject to
confirmation by the Commission. There
is nothing like proper sell respect, and
this the Utah Commission seem to have