The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-03-27
DYER TO HARRISON.
Why the Marshal rendered His
Resignation.
A STATEMENT OF THE CASE.
A Brief Picture of His Official Career From
Mr. Dyer's Stsndpoint-The Opposition He
Encountered-AF Few Reflections.

shall Dyer to President Harrison, in tender
ing his resignation on the 9th inst
enclose herewith q formal note resigning the
Office of United States marshal tor lhe UeriltoIy
OF Utah, TO which was appointed III AIrII, Iooo.
In closing my official career deem II proper
10 say something more than TO make mere
formal surrender Of the position. 40 50 party
on my own account, for reasons WHICH Shall
state and the more so because you, IN WhOm Is
vested the responsibility Of dt gnatlng my sue
cessor, are entitled to any informal on that
may have which may aid you II the Just exercise
II mIGht seem that in making gratuitous Sug-
pestlOns am assuming somewhat for myself
but assure you that my motive has the sane
ton of my own Judgment, and VIII be apparent
to YOU as well as justified by what shall say.
II is, perhaps proper to say that by reason OF
the extraordinary power, which by special act OF
Congress has been conferred on the marshal 5
office in Utah, that officer exercises authority
and has imposed upon him duties, the most eX-
tensive ever conferred in this government upon a
like official. He performs the funct ons of
United States marshal elsewhere; and in addl-
tiou ne is the ministerial officer with power to
Skgc process in all the courts in territorial bust
ntSss criminal and civil is authorized to make
arrests without complaint or warrant; searches
ana seizure in the same manner; to arrest sup
posed witnesses
WITHOUT ATTACHMENT WRIT OR PROCESS;
may sit as a committing magistrate and hold to
bail persons or witnesses thus arrested and in
many ways exercises by law powers Of the most
Ntlcdle CudIdCLtI anu bltAFCNL AtNpSIlNiDl e
These powers conferred To enable The govern
ment to enforce its laws among people IN
tenSely host le to such laws q { such that in
their execution both discretion ana dlSCrlmina-
ton find a field for their wise exercise which
call for qualifications in the mount bent no
where else so essential Energy and vigilance,
prudence and self command, tImnesS and JUS
lice, knowledge OF the haDtS M pecullarltleS
OF the strange people among whom he performs
his duty, all ind ample occasion for faithful
but cautious exercise. Compelled to meet a tanat-
n .l-fF -s1l1
conscience in its devotees, and stops atno means
which promise immunity frC IN the grasp Of the
law; the marshal of Utah is clothed with powers
and charged with duties that call for the exercise
oflhc highest administrative discretion. be Is
pQBce officer, a detective Judge, Jall0r of
criminals before conviction, then warden an
keeper after conviction; the officer who executes
the sentence OF the court serves process IN civil
cases and selects often the JurleS for all tine
courts of general jurisdiction. l do not, there
fore, exaggerate the Importance Of the office, and
justify myself in retiring from it for the apparent
impertinence OF trying to impress upon you the
importance Of a selection whom you know to be
equal to it.
may remark that
THE IMPORTANCE OF THE POSITION
in this territory is such that the incumbent
should be able to have not only the support
which the faithful performance of ministerial
duty should always command from his SuperiorS;
and that perfect confidence not only in his ability
ana fidelity which is implied in all officers, but
also that support which political alliance with
the administration alone can give. My own sue
cess, if any have had in this position, has been
largely due to the cordial support have had from
my SupcrlOrS, and COuDJ not i3lln1ul al
hensIon to duty would bring me, II l remained,
your approval. l am conscious that l should
often be embarrassed by a fear that would not
h. sustained, whilst would be beset with suS-
picions and my usefulness impaired by our want
of political - partisan accord. believe your
adIniniStra. should be represented in this
important and controlling Office in UJah by one
Nvb N iG n only IN nOi1ipHl accord with and
will faithfully administer 1t, but no viii by well
known wisdom and discretion ability and char
- - be a eredtable standard bearer in the
gkSat work of redeeming Utah, and purgng her
OF the evils thai now atf1lct her.
may seem to eXaggerate the Importance, but
my experience in its duties and my knowledge
Of its power and influence prompt what 1 say. SO
much nave ! said from a sense OF duty TO your
self. May not add
SOMETHING IN REGARD TO MYSELF.
For the last two months partisans opposed to
me politically, have filled the air OF tab with
imputations upon my official conduct, and asper-
SiOns Of my character and motives. desire for
finding pretext for removing me from office. or
TO justify asking you for my removal has alone.
/ believe. caused these attacks. As Il sense OF
propriety and duty has decided me to voluntarily
vacate the Office, l think justice 10 myself re
ouireS me to give a brief summary Of my official
conduct without taxing your patience with de
tails.
June 1886. had been a citizen Of Utah for
more than ten years, was familiar with the pc
cul ar character OF the mass OF It's population
and with the difficulties with which as an officer
of the law, would have to contend; but my
appreciation Of their difficulties has been greatly
heightened by my Onclal experience l have
advocated the vigorous execution OF the laws,
and believe that the record of my work viii show
that nv performance has equalled my prOfeS
Sions. Under my predecessor, VINO held the
office for four years prior to myself, there were
one hundred and forty or one hundred and forty
five convictions for polygamy, unlawful cohabl
tatiOn and crimes growing out OF the social
institutions of Utah. Since my entrance into
the office there have been about nine
hundred convictions for these crimes
When il is understood that these arrests
for these OnenseS are maGr almost exclusively
on information furnished by the marshal
Office the charge of want OF vigilance and fidelity
on nv part will be fully answered. In less than
three years have been instrumental in secur-
BE- the conviction Of more than five times the
lumber OF such offenders than all my predeces-
SOrs combined, and this is my answer to those
who would defame me. And while have been
vigilant active and faithful l have believed and
still insist that mercy and kindness in the en-
forcement ofthese laws, are in their proper place
benefcent and fruitful Of good in their effect.
However wrong aud mistaken the Mormon PEG
ple may be- and IN my OPINION they are, they are
a law abiding pc pie except only as to such IS
effect their peculiar religious convictions. Many
Of them are
HONEST AND SINCERE,
and whenever moderation in enforcing that Law
can be used 10 effect have not hesitated -
recommend its exercise, and when old OF intirm
persons have been arrested and convicted Of
these Utah crimes, and l could lawfully aid to
mitigate the punishment and secure respect for
Lhe laws at the same time l have done so.
Humane regard for the fanaticiSm Of many, TO
my certain knowledge, has advanced the cause
of reform in Utah, where harsh measures though
strictly legal would have had the opposite effect.
believe in Furnishing the ofense, but not in
bounding the offender: and believe fTm, G
g1llar. consistent enforcement OF the laws, with
out yindictiveness or malice Will, II faithfully
continued secure final submission from this PEG
pie And while have striven faithfully to aid
in this my most important duty, have equally
endeavored 10 impress upon the Mormon people
nv desire that submission to the laws was the
end in view, and not persecution OF them as a
sect or class This policy have advocated as
the proper one to be pursued, and wish TO give
NV testimony now rs I retire from Office to my
firm belief in its wisdom and justice.
Before closing
I WISH TO REFER TO ANOTHER MATTER
also nersonal to myself In November, 1887, in
,Rhe suit brought by the encouragement of the
Knitted States against the corporation called the
Church of Jesus Christ Of Latter-day Saints TO
forfeit The property as provided by the act OF
Congress of March 2, 1887, was appointed by
the supre me court of Utah territory to be the re-
ceiver Of The prop of the corporation pending
the suit. The hostility of the Mormon people to
this law II d the proceedings TO enforce II are
well known 1t was believed that in anticipation
Of its Passage large amounts OF property
really owned by the church, but held in
favor. had been conveyed to evade the en-
forcene nt of the law. 1t seemed 10 the Su-
irene court that the means and pow erS which
? marshal ] had at command, would greatly |
facilitate nv acquisition of this property as re-
ceiver, and thus to the duties OF marshal were