The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-12-15
A STRANGE PROCEEDING.

iage of a more extraordinary characit
Hsaa those which took place at II
opening OF the Third District Court 0
Eenday morning. a full account
sven in another place of this morning
Rze OF TaE HERALD. There may hav
hsen such another aRsar, but if 50 tt
books have failed to record it. Thre
81 four men were detected in the Grim
Of lewd and lsscivIous conduct; thei
P4iSdeed gas witnessed by several re
FRtable persons whose word would b,
taken by any fair and intelligent jury
n the world: the accused were arrested
aFEaigned, tried and their guilt proven
hagG1d reasonable doubt; judgment
Ct gAilty was pronounced against them
aud they were sentenced to suffer the
penalty which the law provides for
their OfFenses. To this point all the
EEeeeedings were regular, and had re-
Seived the sanction or approval Of the
easisf Justice, In his refusal to release
enc of the accused who was taken be-
fore him on q writ of babeas corpus
Those who were convicted appealed to
Ahe District Court, and in this the pro.
seedlings were also regular and proper.
But in the higher tribunal, presided
over by the same Chief Justice who hSd
held that the law under which the
personal---very. were being conducted was
valid, the public prosecutor, the man
who represents the government in its
warfare against crime and criminals.
boldly and defantly declares that he
viii not prosecute the accused. and that !
With his consent no prosecutions shall /
be conducted against them. He does
not deny that the men are guilty; we
d01bt if the men themselves will DENY |
their guilt, which has been so clearly |
and inconteshbly established; but this |
officer of the Court simply refuses
as a public prosecutor, to proceed |
against men charged with an offense
against the laws which he has sworn TO /
uphold. The District Attorney has a
right to take this course; he has right
to decline to prosecute, but that right
carries with it the demand that he re-
tire from the Office, the duties of which
he cannot conscientiously or for other
reasons perform. We have no COM
plant to make against the government
attorney for his refusal 10 prosecute
these cases; if his relations with the
accused were OF such a nature, if his
opinion of the misdemeanor vas of such
a character that be did not deem their
crime Of sufficient Magnitude to demand
punishment, if for any reason he could
lot prosecute the defendants without !
doing violence 10 his principles or to his /
IDEAS of justice, the proper thing for
him to do was to step down and out, {
giving place to some one who {
has a higher conception of the &
duties OF the Office. Wherein G
.he District Attorney invites critci. N 7
and censure is in the fact that he hangs '
On to the Office, thus standing between q
The public and the conviction or honor r
able scquittal of men accused of crime. 2
The gentleman's rantings and rawlings
and his abuse of private citizens and Q
officials, were OF a nature to expose his d
OWN personal character; and reflected T
1pon himself and his own unftness for !,
The Office that he occupies, rather than \
upon those assailed by him. Ii
But the astonishing part of the pro- O
seedlings was the course OF. the Chief D
ustiee In dismissing the appeals and a
setting the accused free without punish Il
nent, reprimand or Inconvenience. One Ii
scarcely knows how TO comment on Il
'uch proceeding. it is so unlike any II
hing which ever occurred before. Why f.
hould these defendants be turned n
Dose without the semblance of a triaIq "
Ills Honor, only three DAYS ago. II
leld that the law for violating ST
Fhich they were being prosecuted was Ie
aid, and the evidence against them
Tas better than he has heard in anv or
rial for unlawful cohabitation in his .,
curt. Does His Honor desire it under "
TODD that he does not regard Iewd and -
conduct as an offense that %
hall be punished? 1t cannot be that ba 10
oes, for in the next breath after releas- 81
lg the defendants he charges the "a
rand Jury to investigate crimes of
aat nature and indict the guilty. Has
re Judge special love for the accused or
these cases, which impels him to in u
rpose for their protection against a
'nViction and punishment? The Whole no
'oeeeding is one which IS surprising DR.
everybody, and must be dishearten-
G to those who are trying 70 enforce
e Law. The administration of justice sta
IS come 10 a bad state indeed. if u
2 District Attorney and lie Judge. Or