The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-12-01
THAT RULING.

end what for?' thus propounding cues
ton which he Immediately confesses his
to answer but the startling ap-
of which has often been man
ifested in this great and growing republic,
the western half of it Perhaps
the question can only be answered after
the fashion of the telescope, which elon-
gates by divisions and is not perfected
until the complete unfolding has taken
place, and thus we may have to keep on
wondering, like the parrot in the story, re-
garding what will come next, until the end
has come; but in the meantime we keep
on w Jndering.
just now it would require special gift
of prescience to tell what the next I'M
folding may be, as relates to the buffeted
and almost bewildered leUple OF Utah who,
numerically at least, constitute the ma
iority of our population. And it would
have right to know regarding what they
are and what they are expected to be.
If there is any such situation beneath
the broad and blue exlanse of the sky as
exists in Utah TO-DAY, THE HERALD would
be pleased to know where it is-not pleased
because in any sense it revels in sensa-
ton or at any time delights in knowing that
things, are at variance with preconceived
ideas of justice anC propriety, but because
it would like to publish such items of in
formation as news and principally that 9th,
ers who may be affected, or at least may
sympathize, can be put upon their guard
as to similar things that may come.
Undoubtedly and undeniably the courts
are supreme within their sphere, and nc
man or combination of men has right to
array physical force against them. 1t is
necessary in the economy of society that
the tribunals of justice be supreme in the
land. When there exists even the shadow
of actual opposition to their DEGREES, their
edicts or their proceedings, except such as
is provided for byO the same
agency which created themselves, it is
time for the armed power of the commu-
nifty to be called out, and it will generally
come. We must respect the judiciary
whether we propose as legal question to
abide by their action or not, and in observ-
ing this necessary provision of
our public life, no person and no author
ity has ever been more steadfast or sin
cere than this paper.
But there are times when it is at least
the right, if in fact it be not the duty, of
the well disposed citizen and consequently
of the press, to contradict, to object to
and even oppose the mandates of the
wi nj,
ical opposition as would have a ndency
to undermine the judicial structure without
a recourse to duly prescribed and properly
ascertained methods, but by a resort to
such means as the courts themselves recog-
n ze-an appeal to the better instincts and
the calmer judgments of mankind. With
out such quiet, but nevertheless usually
effective, if not irresistible appeal, the
courts, instead of being our protectors,
would be our enemies and, instead of guard
ing them, we would have to guard against
them.j
THE HERALD has no apology to offer for
saying that the history of the imported
judiciary of this territory has not in the
main been creditable or even reputable
1
the mire of politics if not corruption, and
the people have all along been compelled
to submit to it because-heaven help
them!-it was the work of duly con-
stituted judicial authority. They
have at times, as the record
shows, been afraid to open their mouths
and the more timid to show their faces
when some anomalous, egregious and out
rageous ruling against them has been made
If they thought that their rights were not
being given the attention which under
the fundamental and general laws they
had right to expect, they kept very still,
knowing that any expression of their fee
lngs was likely to be regarded as disloyalty
if not treason and subject them to appro-
brium if not prosecution. It is a little diff
ferent now. In the language of the Latin
nlutGntur ct nos nlutd-
muir in iUts-The times have changed and
we have been keeping the times company.
In other words, the offense that was. has
become the iustifiable thing of the present,
and when we don't like the actions of pub
lie servants we reserve the right to say 80
and explain why. If said public servants
don'tlike this kind of thing, all we can do for
them is to entertain profoun
feeling of sympathy, for really we can't
see how they are to help themselves. the
not quite having descended to Rus
sian methods yet.
So far as this paper is concerned, it has
never stood in awe of either the executive.
the legislative or the judicial branches of
the government, national or territorial. It
has always entertained profound respect
for either or all, respect which is and has
been subject to increase or decrease in ac-
cordance with the circumstances of each
particular case. And here we will take oc-
casion to state that we have no more res
pect for Judge ANDERSON than due re-
gard for the proprieties com pels US to
have.
There are several reasons for this-one
of which is that we don't think he has
much respect for himself. 1t looks very
much as if ne had lent himself to the gang
of conspirators here whose watchword has
over been rule or ruin, or that he has rot
had the nerve to do what was externally
and everlastirgly right, knowing it to be
such. There may have been in the history
Of legal literature some things more parti-
san, more superficial and more unsatisfac-
tory than Judge ANDERsoN's ponderous
document, which declares in effect that no
Mormons need apply, but we have no pre-
sent knowledge of such document. From
Alpha to Omega, through the exordium, the
climaxes and the peroration of the address
(since it reads more like an address for
political effect than anything else) the es-
sence of shalowness and bigotry stands
out conspicuously. And it is all of piece