Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-24
THE 90. b." FOR AuRELIUs.
This Latter-day Legal Commentn-
tor Comes Into Court 20 An
syver why EHe should rot
Iyc Disbarred.

call for order, and took seat confronting
the Judge. The Latter-day commenta-
tor was shorn OF his muchly-prized beard
and flowing locks on the day of sentence,
and this so thoroughly disguised the once
"District Attorney for this people" that
his own brethren and sisters did not re-
cognize him in court this morning, and
they passed by on the other side.
The Court asked Mr.. Miner il he was
ready to take up the matter OF his dis
barring.
Miner stated that he had been given
no opportunity of examining into the
matter, but that he had sent to have Mr.
Kirkpatrick look after the case.
Mr.. Kirkpatrick being in Provo, the
Court sent an officer in search of Mr..
Hardness, who failed to appear after a
due length of time, and the Court in
| formed the defendant that the matter Of
his disbaring, set last Saturday for to-
day, would have to be taken up and an
swer made this morning, as no reason for
deferring the affair any longer was APP
parent.
Mr. Thomas Marshall arose with a
document in hand, and addressing the
Court, said that in behalf of the Bar
Association of Utah he desired to make n
statement. Mr.. Miner has asserted in
open court that he will not obey the laws
OF the United States, and the conse-
auences must follow. While he was en-
| forcing the duties imposed upon him as
an attorney OF this Territorial bar, it was
with unpleasantness, yet it must be done
in behalf of the attorneys and the laws
OF these United States.
Mr.. Marshall then asked several lead
ing questions. First-Does conviction
in this case involve a moral turpitude or
violation OF morals? The attorney pro
ceeded with many comments and cita-
tons from the statutes to show that the
defendant had violated his duties and
avowed himself opposed to some of the
Constitutional laws, which he defied and
said he would not obey.
Court-Mr. Miner, have you anything
to say?
The bewildered man, about to be shorr
OF all the glory he had reached in as {
Mormon pettifogger in days of Lang
Syne, sat motionless for few
moments; then rising up from hi
chair he removed his 10 ulste
|
pockets, leveled his legal eye on thu
Court, and took three stage steps to tn,
front, where he posed in one OF his studied
and striking attitudes before completed,
, riddling the Constitution of the United
States and every conflicting code OF law
opposing his peculiar ideas OF right. TIL
, bigoted luminary then started his rattle
J box by stating his right to be beard in
charge against him. He said tina
he was notified last Thursday evenin
, 6 O'Clock to be ready to appea
: before the Court to-day to show caus
why he should not be dsbarred. 81 hav
nothing further to say about this matter
save that the statements made by m
, brother Marshall are not true The rec
ords do not disclose the fact that said
would not obey the laws of the Territory
the facts are that the records show that
said certain laws OF the United States
l would not obey never did and neve
will obey them. | further said | woul
reserve the unlimited right to decid
' for myself what laws are an
what are not constitutional, a right
!, never surrendered nor purpose to. If tn
Court will refer to my remarks made bt
Q fore it will be seen that | said would Tic
: obey certain specified laws. The grea
political parties refuse to conform
y every act, and | will not said if
K law was passed and pronounced constitl
: tional i must submit to its demands
G me, but hold my discretion about ODE,
0 ing what /, as an individual, deem a
T error Suppose, your Honor, that TIN
matter should be carried to higher tr
bunal and your decision be reversed
s the opinions OF this court were final, the
$ no question could be raised, and tn
r matter would be ended.
VI Here the defendant tackled the indie
G ment under which he was arraignet
a tried and sentenced to six months i'm
u prisonment and Il fine of $500 and cost
He said the offense is established With
u q period OF three years, but that no ev
: dence existed to show any specific tim
5 when the oilense OF U. G. was committed
g There are no laws upon the statutes her
as presented to the Court that | woul
not obey, and defy the whole world [
controvert my statement. ! did refer [
certain specific laws that said would M
!, obey, which ] still maintain. / sal
would not turn myself into
nigger-catcher OF the South, am to-da
the oldest practitioner at this bar, and
defy any member of the bar to say tina
Il.
shall has mis-stated; although | woul
not infer that ii was made dishonest,
rs all men are liable to q mistake. II
violate the laws of the United States
expect to take the consequences and wi
now say that ] believe that this is Tn
first time that any charge has bee
brought to judgment against me.
g So far as morals are concerned, | saw
s question the right OF any tribunal to stat
my individual privileges. / do not b,
lleve, as taught by some OF the denomini
- tions OF the day, that all men are d,
If PRAYED. Ii man is taught the rgl
n principles he will live to the proper Law
8 Judge lloge-lf your Honor please, !
Y connection with few other members
Il the bar here, | was selected TO preser
this matter to the Court. While il is
very unpleasant duty for attorneys
handle such matter against brothe
e sui the duty remains. What Mr.. Mine
@ has said here about the er most facto In
r does not figure in the matter mt han,
II The records which hold in my hand Al
IRON the court reporter, and certified
as the correct discussion having tran
r, pred between the Court and Mr.. Mine
Here Judge Hoge read the convers
ton which occurred with Mr.. Miner n
garding his future assurances to OBEY III
n laws OF the United States, his polyg
Il nous beliefs and practices, as we'll as h
" status as a lawyer before this bar, and (
n once United States District Attorney (,
J. Utah.
Judge Zane said 81 will take th
matter under adysement, and as soon
! get the time | will write out on opiI
:, ion" i'
Probably the opinion will be read ne,