Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-04-08
THE LAW AND THE "HERALD."

THE LAW AND THE "HERALD."
The Herald this morning has an edi-
torial entitled, "Ask for Halt" and con-
tains the theory hereinafter quoted as to
the supremacy of the law, theory which |
is peculiar to the Herald, this great sus- !
tainer of the law. 1t is so rare that it
should be recommended by the Governor
to the next Legislature and as we never
heard anything like it in listening to great
lawyers, nor have seen any reference to 1t
in any law book, we quote it rather at
large, it being very large theory OF itself:
"Whatever else the committee that will
meet this evening to draft resolutions set
ting forth the unfortunate condition of
things here, and to formulate protest to
the President against continuance ofthe
raid, may embody in its representations,
it should make an earnest appeal for the
calling OF halt at least until such time
as the United States Supreme Court shall
have passed upon the disputed questions
now before it concerning the law and
its administration.
One of our suggestions to the
committe is to send along with
the resolutions a copy OF this
same editorial, with the statement
that the Hon. John 7. Caine is a chief
proprietor of the Herald, is one Of the
committee and also a member of the Ma
tional Democratic Committee. This
statement would have wonderful effect on
/ Congress, no doubt 1t is said that pos
sibly the Supreme Court may uphold
these proceedings, and "should the Su-
preme Court uphold the proceedings in
the Courts of the Territory, the govern
ment will have lost no ground, and the
people would know what to expect in
future" We venture to say that under
the present Administration, at least,
the people may expect in the future Wit
is happening in the present, a vigorous
enforcement of the law. But it seems
that national laws are to be suspended
pro TEN. because some national law will
be declared invalid Only SO lately as
! the 9th ultimo the Herald enunciated the
following:
"The saloon keepers threaten to take
the matter into the District Court,
and there test the validity of the county
governments action. Well and good !;
let it be done, and let us know if the law
has any value. Now is good time to
determine the question-the bill was
drawn with much care, was scrutinized
by eminent lawyers. Meantime, the
county authorities and the saloon-keepers
should understand that until 1t IS other
lCiSe declared, the lar IS Udlid and should
be vigorously enforced" The italics are
our own. Does there not seem diver
gence of views as to local and national
laws and their enforcement? Why
should a local law be deemed valid until
declared otherwise, and be vigorously en-
forced, and a national law be held
to be of doubtful validity and be sus-
pended until the doubt can be solved?
Is it not truer theory of all laws, local
and national, that they are valid until de-
clared invalid and should be vigorously
enforced? This has been the theory of
all the courts of the land whether of the
States or of the Nation And is it not
wrong use of language to call the vigorous
enforcement of national laws by national
officials ga terrorizing course on the part
of Federal officials ?'' 1t is worse than
wrong use of language it is a falsehood
knowingly uttered. To-day the Chief
Justice of Utah is the leader of band of
terrorists, when only SO long ago as
Thursday, March 26, 1885, this same
paper said of this same judge, under the
caption, Sustaining the Law:' "This
is so unlike his many predecessors as to
make his Honor stand forth head aud
shoulders above any judge who has been
on the bench in this district, in modern
Judge than Zane been on the bench here,
the whisky-seller would probably have
been right in his assumptions.
Has Judge Zane changed his views as
to sustaining the law, or has
the Herald changed its views? Why not |
be frank and say you think Judge Zane is
right in his entire course, but that your
paper is handicapped and may not up
hold the courts when the courts uphold
an anti-polygamy law which you believe
to be as valid and salutary as the anti
whisky law?
We do not doubt but that the commit
tee viii too closely follw the advice of
the Herald, but in so dong they will
show themselves most incompetent lot
to advise a whole government. What
the committee will show to be the con-
dition of affairs here and what recon-
mendations they will make are things
which will be of interest to all, of benefit