The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-02-18
EXCESSIVE BAIL.

Article VIII 0f the amendments tc
the Constitution declares that ''e&ces
sive bail shall not be required" If that
declaration meaEs anything, it means
exactly what it says. There is no quail
fication or modification intended or I'M
Piled. The amendment was adopted
for the purpose OF putting it out OF the
power of wicked and vindictive judges
to harrass and impose upon citizens; to
deprive such judges of the privilege OF
venting their spite against individuals
who may be carried before them on
frivolous charges; to make it impossible
for an unjust or malicious judge to
punish a person by imprisonment
without trial 1t was wise provision
intended for a good purpose, and it
stands as protection to all
the people of these United States,
save only the Mormons, against
the usurpGtions and wickedness Of
cruel and heartless judges. If that
guarantee of the Constitution we're not
fagrantly AID venomously violated in
the Third District Court on Wednesday,
then it has never been violated in the
hundred years that it has stood upon
the books and been part of the funda-
mental law of the republic. George Q.
Cannon, a citizen of small means, IS
charged with a simple misdemeanor, an
offeRse which Congress itself, vicious as
it has shown itself in legislating on the
subject, and determined as it is to put
stop to the practice, has regarded so
lightly and of such small gravity, has
provided no more severe punishment
for those guilty of it than six months
imprisonment and $500 fine as the maxi
mum. Congress thought it had imposed a
heavy and really excessive penalty. For
an offense of this nature, involving no
more severe punishment than has been
provided for, this, bail of 81 900 would
N any other part of the United States
be regarded as ample if not excessive,
and larger bond would no where else,
and by no other judge be required.
Yet in the District Court. on We'd
nesday, the Chief Justice demanded of
Mr.. Cannon and compelled him to fur
nish bonds for his appearance next
month to answer the charge of unlaw-
full cohabitation to the amount
of $4,000. Decent judges ana
decent people throughout the
county will be loath to believe this,
terribly true as it is. They
will find it difficult to con-
oeiye how a judge, protesting to
administer the law in a spirit of fair
ness, and to deal out justice unmixed
with hate and revenge, could brazenly
perpetrate so gross an outrage in the
face of the American people. 1t so hap
pened that Mr.. Cannon could give the
bond; his friends are so numerous and
there is such absolute confidence in him
that he could give bond for double or
treble the sum named; but his ability to
comply in no sense relieves the court OF
the odiousness of having been e1or-
bitant, unreasonable, and actually
against the prohibition OF the Constitu-
hOR in his demand.
When such indignities are imposed,
such payable exhibition OFFS venom
and spite, can there be any won
der that the Mormons complain
that they are unfairly treated, that
they are abused and subjected to an
nOysnces and outrages? Their COM
plant is well grounded. Whatever
may be their offenses. they are not
treated fairly and justly as the law de-
mands; they are not accorded the
rights before the law given to others
and guaranteed to all citizens OF the
republic. They would be whelps if
they did not protest.