The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-01-27

The first bill which reached tn
Governor from the Legislature in so ia
as it can, verifes the truth of tn
rumor that has been in circulation
since the meeting of the Assembly, t.
the effect that His Excellency woult
approve no legislation, however just O.
p-oper it might be, unless such oths
measures as he specially desired, wer'
enacted. He sends back to the House
with his veto, the bill providing for bal
after conviction, pending appeal. In
the veto message the Governor under
takes to prest an excuse for his
refusal to approve the bill; the excuse
may satisfy him, but everybody else
will fail to find in his document single
reason for not approving the measure.
1t is possible that Murray has some
qualification held back. for he says:
These and other reasons which
present themselves"
With few exceptions bail pending
appeal is allowed in all the States in
cases other than where the punish
ment is capital. AS a matter of
right it should be allowed everywhere.
1t was the rule here until the Chief Jus.
tice discovered that by exercising a
discretion against the accused he could |
hasten the punishment of Mormons, |
and also make certain their punishment
IN spite of errors which might be COM
United on their trial. Angus NJ Can
non appealed from the Judgment in
Zane's court, and was denied bail,
which judgment and denial were
affirmed by the Territorial Supreme
court. when his case was carried into
the United States Supreme Court on a
writ of error. Meantime he was sent to
the Penitentiary for six months, and
had to stay there eight months before
The tribunal of last resort passed upon
the case. 1t so happened that in that
instance the District Court judg-
ment was sustained, but if it
had been reversed, how would
Mr.. Cannon have obtained relief? What ,
benefit would it have been to him to be 7
told. after he had been in the pen 8
ltentary eight months, that the lower ]
court erred in putting him there? To
deny bail in such a case is manifestly :
absurd. 1t gives to an ignorant, ma
hcious or yenial judge power to punish
an innocent man, and practically denies /
to the accused the right to fair trial. I
1t deprives defendant of the right to
have crooked judgment against him
corrected, for the correction will neces- ,
sarily come too late for his benefit in
many instances. Virtually, to refuse :
bail is to deny appeal, for man is not !,
going to appeal if he has to remain in
jail two or three months longer then
would be the case if he did
not carry his case up. Mr.. Cannon
appealed, not for his own benefit. but
because he desired an Interpretation L !.
of the law that would benefit others
being willing to suffer couple of .
months more of restraint and torture
Tor the good of his fellows. &
Governor Murray knows that neither y
society nor individuals would be injured VI
by allowing bail to an accused person Il
lntil all the privileges and rights which .
he law guarantees him had been en-. 10
Dyed; but His Excellency understood o.
hat if he approved the bill. now and u
hen Mormon would be able to defeat "
he power which says he must go to =,
all and be made to suffer, regardless of u
lis guilt or innocence. In Kentucky le
Murray would not have vetoed the bill, al
'ut in Utah his veto will enable vindic- 70
i've judges to give more play to their 10
lnti- Mormon venom. II
The Legislature will undoubtedly oi
ccept this veto as declaration ON the 10
art of His Excellency that he will qr
eturn without his approval every bill III
rhich reaches him from the Assembly We
ut this should not discourage the law m
Keep on sending him good Oil
u.s. and let him accept the response pr
iliiy OF destroying them. as