The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-04-22
THE OPINION.

The opinion of the United States Su-
prene Court in the Rudger Clawson
case seems to be broad and sweeping
enough to satisfy the bitterest hater OF
the Mormons and their plural wife sys-
tenn. 1t is just such finding as the
rabid anti Mormons have been wishing
for these many years. That 1t has
come and is SO pleasing to them is re-
Election upon the ability and fairness OF
that high tribunal 1t is another Illus
tration of what everybody acknowledges
to be fact, that the nations Supreme
Court has been trifed with and doc
tored'' so much in the matter OF the Sc
lection of its Justices, that it is no freer
from partisanship, no farther removed
from popular influences and prelu-
d1ces than any other tribunal
whose Judge is dependent upon his polit-
ical leaning aud partisan efforts for
the retention of the Office. "Expedl-
ency' has quite as much weight with
the Supreme Court Justices law, and
public sentiment is fully as powerful in
directing their minds in arriving at
conclusions and formulating opinions
as the statutes. There was time
when an unpopular cause could be
taken to the United States Supreme
Court with perfect confidence in the
certainty of the law being fairly inter
preted and justice being done, whatever
the public might be. expected to say OF
the opinion. The Court held itself
above the common herd; it
lived in a purer atmosphere and
did not permit itself to be affected
by the influences actuating and
controlling the masses. All this
has been changed, and the sutton goes
into the Supreme Court as he does into
any other, taking chances On getting
justice, and having no more confidence
in the fairness of that tribunal than in
the alderman's court.
There is this about the Supreme Court
opinions, however-they are final,
whether or not they are fair or honest
interpretations of law. There is no
appeal from them, be they good or bad,
is their law unquestioned or rankly
partisan And SO we must accept the
Clawson opinion, at the same time be-
heving it is bad law, and that it was in
spired and directed more by the popular
clamor against the Saints than a
manly determination to be just without
regard to the parties or principles in
Volved. Had public sentiment not been
back of the Court, demanding the sup
preston of polygamy, We do not believe
the Court would have ruled as it has done
In this case But the opinion has been
delivered, has gone into the records,
and its binding force is equal to that of
the decisions by the court in
the days of Marshall and
fancy, when nobody would have
thought OF attributing to partisan in
fluence unpopular prejudice any opinion
that might be delivered.
The opinion is broad and
terrible in the scope that it
gives to the local courts. 1t
relieves these tribunals from any checks
that have hitherto held them back, and
not only gives them full power to pro-
ceed recklessly and without fear of be-
ing brought to account for oycrstepping
the bounds and limits of law and de-
cency. but encourages and spurs them
on. With this to sustain them and TO
give them strength and confidence, the
Utah Courts and their officers, unless
they shall change materially in heart,
viii bring much trouble and suffering.
The Supreme Court opinion enables
them to do this, and their past conduct
warrants the belief that they will not
be slow to take advantage of ell their
power.