The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-11-01
MR.. DUNBAR'S CASE.
Judge Anderson Refuses to Issue
Papers to Him.
YEARANCE'S SUIT FOR DAMAGES.
The Peculiar Case Against Young Babcock-
The Horse Fanciers-PrObate Court
Cuttings - Other Business.

Mr. w c. Dunbar, whose application for
naturalization papers was mentioned in THE
HERALD of yesterday, appeared before Judge
Anderson in the morning. and stated that he
had married his plural wife in 1855. and had
taken out his first papers in 1854, and his second
papers about three years later He stated fur
Their that he had had but one plural wife and she
had been dead several years.
Mr. Hurd, the young attorney said he OBJ
jected to the issuance of papers to the applicant
because it had not been shown that he was OF
good moral character, and there was no evil
denee that be was attached 10 the principles CT
the constitution. Hurd also intimated that
Judge Powers had yearnlng desire 70 PC
heard on the matter, and II. y. !-aney few forth
to bring in the champion of the Liberal cause.
Continuing Mr.. Hurd made the rather as
founding assertion that Mr.. Dunbar should not
be admitted as a citizen because OF his belief
that poygamy was right. II such u thing were
allowed, there would be an immense change IN
public opinion ere long, and what was now
crime would be exalted into virtue.
In answer to a request Of Judge Powers, j. j.
OReilly was called and sworn as witneSs-l
was deputy registrar for the Fourth precinct in
June last, ana when ! called on Mr.. Dunbar to
register him, he stated that he believed the Ed
munds Tucker law was unconstitutional and
mat he did not see how any honest man could
subscribe TO such an oath as was required.
This, however, Mr.. Dunbar denied, and in
sisted that he mad told the registrar he coulo
not at that time conSclenuously take the oath,
but that he might at some future time change
his mind, which he considered he had Il right
10 do.
George NJ. Ottingev-I have known MI. Dun
bar twenty-eight years, He is d man of good
moral character and attached to the principles
Of the United States. was aware that he had
a plural WIFE, VINO died SIX or seven years ago
In my judgment that did not deprive HIM OF
good moral character, which know he has
Judge Anderson, i'll deciding the case, said the
applicant had stated that he was at one time
naturalized but had lost his papers. This,
however he had not been able TO prove; there
was no record showing this to he true, and
therefore the application would be considered
as new one The witnesses testified to his
good character. He states that he went into
polygamy in 1898 and lived IN it till six years
ago. He further states that he believes pOlyg
amy right. The question is, can a man VINO has
lived in polygamy be considered Il man of good
moral character and attached to the constltu-
ton! / think Congress considered pOlygaGy TO
DE immoral and that was why laws were passed
against it, Before the law was passed he mar
ned Is plural wife, and Notwithstanding the pro-
visions OF the Poland act, he lived with her alter
that had been passed ana became law, nOJSeNcf-
ing his relations with her until her death. Can
il be said that one who has been guilty of forg-
cry or counterfeiting would be a man OF good
moral character: L think not. 1t Is true this
applicant believes he was not doing moral
wrong. But a man who violates the Law is not q
man of good moral character. II Is true that
within the past five years, owing TO his wife'S
death, he has not broken the law Mr.. Hurd
has cited an authority to the effect that good
moral character must be shown during his
whole residence in the territory and not only for
i've years prior to the application for naturall-
cation. The applicant has not been convicted Of
polygamy, but he says he has been guilty. 1
think it cannot be said he has behaved as a
man of good moral character or attached to the
constitution of the United States, because he
lived in violation OF the law for twenty-five
years. Polygamy is considered a crime in every
state in the union. The congressional laws have
I.a,,, hap Of 10
duct of the people of Utah. OF course they don't
think it immoral, but the government does. 1
think that aside from his being polygamist
heretofore, his conduct has been irreproachable
it has been that-pf good citizen. But that
makes no difernce The application Will be
Geuied.