The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-07
JUDGE AYpERsoN's PEEJUDloEs AGAIN.

FUDGE ANpERS0N'S PREF UDlCES AGAIN. |
Questions Of individual liberty, of the
right of property and Of equal protection
under the laws. have been of frequent oc-
curence in the history of the Mormons.
For this reason, if for no other, the judi
ciary of Utah should be composed of men
of more than average learning, ability and
character Prolonged acquaintance has
not led US, we frankly confess, to revise
our former opinion that Judge Anderson
possesses but few of those higher qualities
demanded by the situation. The character
of his mind is such that he loses sight of
the beacon light of American liberty
through the mists of prejudice. He came
to us as a prominent politician of his native
state. but, we believe, without reputation
as a lawyer. or experience as judge. His
decision in the Moore naturalization case,
q year ago. was characterized by flip
pancy of statement, an absence of logic,
dearth of reason, and a failure to note the
points for the applicant so marked, that the
most casual reader could scarcely fail to
detect the superficial character of the
Judge.
y
Lisregarding the present practice in the
First and Third district courts of this ter
ritory. he still persists in denying citizen
ship to Mormon aliens.
To this astute judge, polygamy is bar
quite as insuperable to the naturalization
of alien Mormons now that IL has been
relegated to the domain of belief, as it was
previous TO its remuneration as practical
feature of the Mormon religion. Belief,
in the discriminating mind of Judge AMBER
son, rises TO the full measure of practice.
The common opinion that in this country
the opinions of men are to be punished
only when they break out into overt acts,
is repudiated by the judge of the Second
district, and the opinions of men of blame
less lives are held by him to be insur-
mountable barriers to citizenship and to
the enjoyment of the full measure of
American freedom. Why not deny the
right to Catholics because they believe in
the supremacy of the Pope and of the laws
of the church to the civil power2 Why
not refuse the Jews because, looking for
ward to the gathering Of Israel in their
ancient country, they cannot be in the
true sense affectionately attached to the
principles Of our government! Why not
debar the Presbyterians on the suppose
ton of the ill-tendency of the doctrine of
election and Reproduction.
The answer is found in the statement of
the Supreme court of the United States
in the Reynolds case. Referring to the pro
visions OF certain statutes of the colony of
Virginia, the court said: after a recital,
that to suffer the civil magistrate to in
trude his powers. into the field of opinion.
70 RESTRAIN the profession or propagation
of principles on supposition of their i'll ten
dency. IS dangerous fallacy which at once
destroys all religious liberty it declared.
and it is time enough for the rightful pur-
poses Of civil government for its officers
70 interfere when principles break out into
overt acts against peace and good order
In these two sentences is found the true
distinction between what properly belongs
- the church and what to the state"
The statement that the Mormon church
Eas courts Of its own that in many in
stances override the DEGREES of the court
Of the United States, is gratuitous false
hood. The Mormon church does not assume
and has not assumed 10 punish men cor
pOreally or to visit other punishment upon
them Tor infractons of church discipline
than disfellowship and communication
The members of that church, we have
il not only opon the testimony Of Mormon,
and apostates, but upon the ummpeachablt
testimony OF the actual lives of the Mormon
people. have never taken an oath to avengc
tie blood ofJosEPH and HYRUN SMITH upor
this government, and it was only by vii
ful disregard of the evidence in the Noon
case that Judge ANDERSON reached that in
famous conclusion.
As to the prayer of President WOODRUFF
in the St. George temple, of which we havt
heard so much, Judge ANDERSON misquote
1t, and fails to give the entire passage,
garbled version of which he cites as an in
stance Of Mormon treason. He is reporteC
TO have said that President WOODRUFF
prayed the Almighty TO sweep this nation
with the bosom Of destruction, but charac
REALISTICALLY failed to add the words of tn
prayer "if it shall not repent of it's sins.
That the Mormon people have no
been altogether enthusiastic owe
laws made to suppress certain
features of their belief and forme
practice and over the not always Just O
merciful actions of officials themselves is
true count, but in saying this we only sa,
what the whole world knows and the Nor
mons have never sought to deny, that the,
have believed in and to certain exten
practiced plural marriage.
And finally comes the terrible arraign
ment that the Mormons have employed ar,
are now employing attorneys to defen,
polygamists. The man must be insane
Has it reached that point that it is con
sidered crime to provide that persons &C
Fused of crimes shall be represented befor
the courts! Why, the laws provide 70
that.
1t requires a clear head, courage and pat
riotism to avoid the difficulties that SUI
round our local judiciary We agree wit
Judge ANDERSON that we should like to Sc
the case repealed.
THE AUTHORSHIP Of the books of the Bib
has been the subject of much interestin
research and honest doubt, but the sever