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

THE RECOMMENDATIONS.
Some of the recommendations made IL
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. If such
wife is made a competent witness, she
can be compelled to testify against her
husband, and this would open a 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. If
they will not avail themselves OF the
divorce laws, they certainly will
not avail themselves OF "a criminal
law; and this fact should be
considered. To make first wife COM
petent witness against her husband would
be to destroy db iaitio that confidence
which should exist between husband and
wife. The same reasons exist in this par
ticular case which have always existed
against making a wife witness against
her husband. Ii she chooses to become
a 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 iurisdic-
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 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 much greater degree
than does the fifth recommendation.
The seventh recommendation asks for a |
open venirein all cases prosecuted under
United States laws. The objection to this
is that it gives every opportunity to pack a |
jury, and 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 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 case that when the panel
had been exhausted in accordance with
that law, an open venire may issue. There
can be no objection to drawing a Jury
according to the provisions of that law,
and If its provisions prove inadequate
here is the resource of an open venire.
The recommendation OF Supreme
Court separate aud distinct from the Dis
rict Courts would have been preferable
@ mere increase of Judges The Dis
rict Courts in Utah SHOULD be increased
n number, but still no trial Judge should
'e allowed to sit in the Supreme Court.
The recommendation for the abolishment :
4 the statute OF limitations in polygamy t
ases is among the best recommendations !
all. We can see no reason for intro l
uclng the Chinese question into the !
recommendations. THERE'S good deal t
L demagogy in this recommendation J
bout the Chinese, and the importation of I
ontract laborers and paupers, and is de- !,
idedly far fetched.
AS whole the report is very good, but V
re notice that the Commission do not fail
recommend the Commission more !.
ighly than anything else In their sixth a
ecommendation they suggest that the a
territorial Auditor and Treasurer. Com
llssioners to locate university lands. q q
Probate Judges, County Clerks. le
ounty Selectmen, County Assessors and IL
ollectors and County Superintendents of IL
chools' be appointed by the Governor. II
ut the appointments to be subject to con- 7
rn'atlon by the Commission. At the Il
ose OF their report the Commission sug- 10
Est three plans for the settlement of the ~
tah question. The one is Legislative m
another the Idaho plan of a
siranchisement, and the other is the ei
'polntment of all officers by the Gov - =.
nor. AS the Commission say ''all these al
'pointments could be properly filled by ar
e Governor OF the Territory, subject to u, M
by the Commission. There ~ ~
nothing like a proper self respect. and to
is the Utah Commission seem to have qu
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