The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-31

came apparent to the court that his belief would
be paramount, ana his fidelity to the laws and
the government secondary, it became the duty
of the court to refuse TO admit him as a citizen.
/ think that man who is so firm be
lever in the doctrine that a crime is right, that
upon applying for naturalization he announces
under cath that he would, as juror, violate his
oath, and render u verdict of not guilty IN
criminal case where the proof showed the pris-
oner to be guilty beyond reasonable doub:, is
not fitted to become citizen. 1t would. 1t
seems to me. be judicial farce to bestow the
inestimabe boon OF citizenship upon such man.
Moreover. courts are bound TO take notice of
the political and social condition of the country
which they iudicially rule Irwin VS.. Phillips,
Cal. LAG; MERGED Mining Company Fremont,
z Cal, 325. What is the political aud social con-
diton of this Territory, and how does it bear
upon the matter under consideration A large
and overwhelming majority Of the people openly
advocate the violation OF the law. People teach
the doctrine that there are higher laws than the
laws of the land, and those are the Jaws, rules
and edicts of al organization, political and re-
ligious in its nature, that virtually rules this
Territory The process of the court is
evaded and obstructed The officers of
the government are traduced and re-
viled. The sanctitv OF the oath administered
in court is treated lightly, and many times
with contempt, and people are taught that no
wrong is committed in refusing to recognize
their binding nature. government has been
formed within the government, powerful and az
GfeSelVe allegiance 70 LllS government is pTl-
mary and allegiance to the United States is of
secondary Importance in the belief Of the peo
pie.
IL is unnecessary to recount more fully the
situation It is apparent to the most superficial
observer. The courts are busy day after day
trying those who have been taught that it is
right to violate the law Of the land. This being
the condition of affairs, the answers OF the appii
cant, in this particular case, have more force
than they otherwise would, and, until | am con-
WINGED by reason and authority. or by the man
date of higher court, that am wrong must
refuse to naturalize the present applicant any
other person who convinces NE that he is not at
tached to the principles of our government"
1t is curious that as Judge Powers took
this stand very vigorous efforts were begun here,
from various sources, to blacken his character
and prevent his confirmation. These efforts
have not ceased, and on the face of them they
are all from Mormon sources. Friends of Judge
Powers, and citizens Of Utah. are taking meas
ures to trace to their sources the various attacks
made upon him-some in Republican newspa-
pers-to see if they can establish business or
other connections between the authors of these
attacks and the heads Of the Mormon Church
Prominent Utah men, who are also prominent
Republicans, assert that the course of Judge
Powers ought to be sustained, and that he has
struck most effective blow at polygamy, be-
cause his course viii, prevent the naturalization
of those who hold to poygany, and thus prevent
such persons from voting and acting on juries.