The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-29
COURTS CHANGE.

We hear a good deal about the ne
cessity Of obeying the laws, the consti-
HiiOnality Of the laws, and so on, and
are told that the moment a law goes
into the books it must be accepted as
valid, and implicitly obeyed. This is
the doctrine taught by the anti-Mor-
mons in regard to the laws enacted
against the people of Utah, and they
hold that man is traitor and wanting
in patriotism who denies that a statute
is constitutional. and asks q court to
sustain his opinion by judicial deci-
sion. II it is the duty of all to accept
laws as they are enacted. and never call
them in question; if it makes a rogue
and traitor of q man to deny that leg
islatiye body had the right to enact q
certain statute, lawyers may as well
paint out Their signs and retire from
business, and the people acknowledge
themselves slaves TO the law-making
power, and accept serfdom IS their lot
in life.
Two years ago, the Ohio Supreme
Court declared the Dow liquor
Law unconstitutional, and released
some parties from liability who
had been prosecuted under it. Accord
ing to the doctrines of some Of our local
apostles of hate and malice. those
who called in question the validity of
the statute were traitors. plotting
against the government, and entitled to
no rights which the law or courts
should respect. But if those men were
scoundrels, deserving of execration,
what must be thought Of others who
would question the opinion of the high
est tribunal of the State? There were
such men in Ohio. They didn't believe
the courts opinion was good law, and
refused TO abide by the decision. They
went on prosecuting the violators Of the
Dow act, just as If it had been held to
be valid. These men were not de.
nounced as scoundrels and traitors
unwoit thy 10 enjoy the rights of citizen
ship; they were not told that they we're
reYolutionists, and that their refusal to
agree with the court of last resort was
evidence OF their unfiness to live in
the country. They were respected
for their stubbornness of opinion, and
nobody thought of questioning their
night to differ from the court.
Two weeks ago the Dow law was
again before the Slpreme Court, and it
was declared constitutional; it is now
the law of the land, and will be until
the legislature has repealed it or the
Supreme Court has again reversed it
self. Notwithstanding this last deci-
sion the Ohio Constitution absolutely
forbids the licensing of liquor saloons,
though the law imposes license tax of
500 on the sale of liquor, and 500 on
the sale of beer.
This is not the first time that a court
has reversed its own decisions. The
United States Supreme Court quite
frequently reverses itself, holding to be
good law to-day what was bad Law last
eat VI AaSk AnOANA. ao . LnhLlcI Oh
fact a law cannot be constitutional
to-day and invalid Tomorrow.
no matter what 4 court may
say. and q man has an absolute right
TO call in question any statute. Nor
does q mans loyalty and patriotism de-
pend upon his faithful obeyance Of the
written laws. Ifa Mormon wants to
deny the cOnstitutionslity of the Ed
munds anti-polygamy act that is his
right, and the Courts have to lis
ten to his differing opinion; and If he
should disagree with the decision Of the
Court, declaring the latter is biased
and unjust, that also is his right,
though he may have to suffer from a
refusal TO obey the law.
In the light of judicial history as il is
being made every day, il is idle to ask
Juen 10 accept the decree of any Court
as final. or 10 believe that any judicial
opinion vii beiasting. II