Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-07-07
AN OPEN AVOWAL.


know what position the Neaos takes, tha
being the official organ of the Mormon
church. Especially was this the case las
night, when all were desirous of knowing
what the views of the Neaos were with
regard to the hosting of the flag at hal
mast on Saturday. Last night their de-
sires were satisfied, and the NeoOs makes
an open avowal of its approval of placing
the flag at half mast, but says no insult
was intended, and that it was done be.
cause of the mourning of the people oi
Utah over their lost liberties. The peo-
pie of Utah may deem their liberties lost,
but when the matter is sifted to the bot
tom, is the liberty they mourn as lost
anything more than the deprivation of
license? The News says that the Mormon
people are the most loyal people within
the pale of the Republic, and that under
existing circumstances they have no rea-
son for engaging in expressions of joy.
1t draws long and dire parallel be-
tween the Declaration of Independence
and things in Utah, and the column that
it makes is one with which all readers of
the NeUS are so familiar, and after clos
ing it, goes on to quote various sections
from different articles of the Constitution,
among which is Sec. 10, Art. l, which re-
lates to the passing of er post facto laws
and laws impairing the obligations of con-
tracts, sud says that the United States
District Attorney not only seeks to impair
but to ea.ly iestroy the validity of
contract y pursuing men with the ter
rors Of o. Jaw. 1t is to be presumed
that the coltrscGs referred to are the
plural marriages Of men pursued by the
"terrors Of the law" the NeWS either for
getting or ignoril the fact that there
exists law gains The formation of such
contracts, and thay ''ey could not posi-
bly, be legal conlr Cts; ne law only con-
templates those contracts that it recog-
nizes, and rot tl,ose tnat individuals
would make in defiance Of the law.
Further on the Ne,cs quotes from Arti-
Gle VIII, which says that axcessive bail
shall not be required, and then goes on
to say that the anti-Mormon officials have
denied bail altogether. Pending appeals
the Federal courts have denied bail to de-
PENDANTS, but they denied it because a
Territorial law, that was passed by pro-
Mormon Legislators, Authorized them to |
do 80 in their discretion. 1t is a bad law,
a detestable law and one that should be |
repealed; but still it is the law. We think |
that the courts should have exercised |
their discretion in favor of admitting
defendants to bail pending an APP
peal, because if there is ground
for an appeal there must be doubt,
and that doubt should be in favor
of the individual as against the State.
But still the Legislature gave the courts
the discretion and they but followed the
construction of the law of the State from
which it was adopted.
AS we have said before, the NeUS sets
itself up as the final arbiter of what is
and what is not constitutional, and the
fact that the Supreme Court may have
said a thing was constitutional has no
weight with it; it is the Supreme
Court that is wrong, never the News.
This is plainly shown when speaking of
Sec. Ill. of Art. w., which treats of the
power of Congress over the Territories,
and the NeiCS tells how this has been con-
strued, and then says that it "simply
means in relation to the land or other
After saying what is really
meant, it makes this comment:
Finally, in relation to the glorious bull
wark of liberty, the appalling doctrine was
recently enunciated by the Supreme Court,
hat practically the people of the Territories =
we're not entitled to its privileges, and that, ,
n relation to them, Congress was supreme"
Citizensmay entertain decided and, as c
hey think, well founded opinions as to
he true intent and meaning of the Con- t
but with rare exceptions they t
'ow to the opinion of the Supreme Court, d
nd accept that as the true and only t
lesning and intent of the Constitution. il
hey may still feel that they cannot give "
heir heartiest assent to the interpreta-
on of the Supreme Court, but still they
o not 60 on defying and breaking the
aw because they cannot accord it
earty approval, and cry persecution and ,
ne destruction of the Constitution. /"
{ they respect the Constitution, they are Is
ound to respect the means that it pro- u
ides for giving an official Interpretation Ii
its intent. The difficulty here is that the a
Iormon people do not give respect and D
Oedience to the Constitution and laws tc
ladetin pursuance thereof, even when N
aclared valid by the Supreme Court, if ol
hey DO not meet the approval and coincide y. "
ith the opinions of the Mormon people. ~
hey look upon their church as the ar ", "
tier and interpreter of all things, no ~
latter what their nature.
Few people, we imagine, will give =,
edence to this statement: ~
..T,,. I......,-.. s,..-.,-,-s.-. pr
her neo, d,s she as more and 1fa any ed
ason use il toexpress their feelings regard in
& the stamping out of that liberty over IN
hich 1t should universally float in this iAi
epublio. ~ ID p, r--
This may be true if the people of Utah er
e allowed to have things as they choose
thout regard to the rights of the GEN as
RI Government or any one else. There lo'
but one watch word by which the ed
nctum of their liberty can be entered; WI
at word is Zion. Are We wrong when qu
} say this? We trust not and wish not In
ho Tat ybo,Ays,.e on ~. ,,o;,,t fro