Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-06

q u
10 the DEsKRET NEws.l-The
United States grand jury was dis
charged today. They reported one
hundred and fifty-three indictments,
mostly against" Mormons.' Some are
for unlawful cohabitation and
adultery, but mostly for Illegal
voting, This is a political racket
to continue the political life of Fred.
I. Dubois and the supremacy Of
the republican party in Idaho.
The following gives other par
ticulars regarding the illegal voting
proceedings noted in the foregoing:
On Saturday, May 81, there de-
veioped in the Third District Court
Of Idaho, sitting at BlackfoOt, an
abominable political plot. Almost
a week previously certain parties
who had had official connection
with the last election in Idaho, at
which territorial officers and dele
gate TO Congress had been voted for,
were summoned 30 appear before |
the grand jury at BlackfOot; poll
books Of precincts where "MOrmons"
were living were sent for, TO he pro-
duced before those inquisitOrs. Ii
was at once surmised that some
scheme was aiOOt 10 make political
capital At the expense Of the ''AIOT- !
mons, or Of those who had resigned |
their membership in that Church |
prior to registering, but it was for |
time uncertain what the procedure |
was to be.
Doubt upon this point was soon /
] removed. About the middle Of the |
/ week II became known that n num- I
! Der IF ''MUrmOnS,r whose resigna- |
tiOns as members OF their Church /
had been rendered, and who had
thereupOn registered and voted. had |
/ been indicted. Now the ofTcnse |
7 thereby committed against the /
territorial statute, II oflense il was.
was misdemeanor. barred at the
expiration OF one year by the
statute oflimitatiOns. twas known
That more than Ia year had ELAPSED
since the election, and il was further
generally supposed that the dismiss
nj OF \ large number Of indictments
at Malad, three or four months ago.
which had been found against re-
signing "Morrnons,v had been
accepted by all concerned as final
settlement Of the vgxed and trouble
some matter.
But political eXiscncies which
have arisen since the dismissal Of
those indictments have impe!lcd
certain clique Of cOnspirlt0Ts 10
begin these prosecutions again.
This CJIdi not bc done under the
territorial law. because under il.
as above stated, the offensc. If any
had been committed. was barred.
But delegate 10 Congress had heen
voted for at that election. Hence q
congressional statute designed to
secure fair elections Of members OF
Congress, including delegates.
could, II was hoped lay the cunspir-
ators, he made to apply. The in
dictments we're therefore found under
Section 55ll OF the Revised STATUES
Of the United states, n violation o;
which constitutes a misdemeauOr
winch IS not barred by limitation
for two years.
The clause in this section which
the prosecution relied upCn makes
it an ofense for any person not hav-
ing I lawful right 10 vote Tor a dele
gate 10, or member Of, Congress.
20 % vote. One OF the defendants |
who had been indicted WINS arrested, |
and his case made 4 test one on
demurrer. James II. Hawley.
Esq, Of the law firm Of Hawlry 4 |
Reeves, BlackfOot. appeared for the
defense, and United Stats Dis
trict Attorney Wood for the
prosecution. Tie demurrer 10
the Indictment was argued last
Saturday forenoon and was based on
the proposition that an act. 10 con
stitute an ohense under the section |
under which the indictment was
brought, must Tea violation OF some
law Of the United States relating 10
the qualifications Of electors. Mr..
H2Wley made an excellent argu-
ment in support Of the demurrer.
lie showed how absurd it would be
TO punish a violation Of a territorial ,
law under penal section OF q con !
gressional law. There was no pre-
tense that any law Of Congress for
babe the "Niormons" In Idaho TO
vote; hence, II they had done 50. no
law Of Congress had been violated
by them in - doing.
Mr.. Wood held that Section 55lI.
United States Revised Statutes,
made il an Oflense for any person T.
not having a lawful right under the !
territorial law 90 vote for delegate | d.
to Congress to cast such n vote; and :
that a person might, therefore. be
punished under this law Of Congress
for violating the law of Idaho rel
alive to elections. Judge Berry,
after helping Mr.. Wood with his ar.
gument rendered n decision in his n
favor, and adverse TO the demurrer. :,
1t IS expected that, under this de !.
cision, n large number Of indict- :
ments viii be found, yelhaps rs u
many rs 200. of course those who
were indicted under the Territorial
law, but whose cases were Dismissed =
after The taking Of their plea. can.
not be re-indicted. But all alleged
Mormon voters at the last eiec.
ton for delegate TO Congress, eNcep;
these, are liable 10 indictment. n
Several objects are sought TO be n
gained by this wholesale indicting =,
process. 1t is no secret that. If the z
accused VIII pledge support Of GER e
lain prominent republican p,liti- :
clans, the cases against them will :
I've dismissed. Conversely there is an 2
implied threat In this proceeding :
that If the resiguing "AIormons''
support the democrats, the CASES
against them will be pushed. Thus
It Is sought TO make Iand braudish
n gigantic club, with the hope that
they can be inundated.
The more criminal prosecutions.
the more fees. Thi> financial pro.
position also has its weight while
an unreasOuiug and unjust hatred :
OF the "MOrmnns, - their religion
and their friends, is doubtless n fac
tor Of the scheme.
Idaho presents the deplorable =
sight OF commonwealth whose L
courts and governmental machinery 2
are run by and in the interest or Il
corrupt and coDspiring politicians Il
1t the expense Of justice, good order n
md the public welfare, and at an b
cost to the taxpayers. =