Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-13

! rheumatism ali the best years OF hts lie
would cut Just about such a hgure on
mule a. some men do on an editorial ri
pod As to there being no record o: tn
naturalization Of Er. Cannon, the aliegei
destracu0n Of the records occurred ate
Mr.. Applety had ceased 70 be the clerk snt
while he was absent in New York.
Mr.. Appleby was quite prominent MAJ
here in early times, and there are men il
tins community whom you must respec
who wall tel you that he held many posi-
tons Of honor and trast, and that kis char,
acier for probiGy. honesty and integrity
was maintained throughout his life and
that this oft-repeaied rot about his male
f5urneyings. soliciting elandestine natural
Izaiion is falsehood. the persistence IL
which becomes mzlieiousness.
WV. p. ArFLEEr.
SALT LAKE CHI, August II. liza.
IL will be seen from the foregoing
that the writer Is under the impres-
sion that there is no record Of the
naturalization Of Mr.. Cannon, a
he speaks Of "the alleged destruc-
ton Of the records.'' On this remark
the dishonorable organ builds q
mass Of sophistry to this effect:
.sAir. Cannon has rsDre than once
asserted that there was no destruction
Of the records"
"Mr. Cannon cannO. take advantage
Of his own wrong. He canno; say to-
day that the records Of his naturaliza-
ton were destroyed and say tomorrow
that no record had ever been destroyed
in this city"
Now, observe, Mr.. Cannon has
never said there was any "destuc-
ton OF recoIds.'' 1t is Mr.. Appleby
who speaks Of an alleged destruc-
ton" Even he does not assert
positively that there was any such
destruction. But he and everybody
familiar with Utah affairs has heard
OF the alleged destruction, and
merely speaks Of this as occurring, IL
at all, while Clerk Appleby was
absent. But this is the kind Of
argument % and honesty 60 which
is common with the Tribune scribe,
especially when driven like an
ordinary ratinto a corner.
Now as to the certificate. IL was
and Is in due form. Mr.. Cannon
appeared in court with his witnesses
and was formally naturalized. 4
certificate was issued 10 him and
the duplicate, Ororiginal, whichever
it may be termed, was recorded in a
book kept for the purpose. This
was the manner ofrecording at the
time in the Supreme Court OF Utah.
Here is the certificate Of this re-
cord, given by the Clerk Of the
Court at the time OF the Murray
in;amy, and accompanying Mr..
Cannon's certificate:
TEEEIroEr OF UIAH, ss.
aaas --=AeN Nas@.sga
!, Ezra 7. spTag=c, CLERK OF the Supreme
Court Of said Territory Of Utah. do hereby
certify that the annexed and foregoing u a
full, true and correct copy % an instru-
msnt contained N q certain book received
by me from my predecessor IN said Office o.;
Clers. AID which remains deposited IN my
onlre.
In testimony whereof I have hercunio
set my hand and the seal OF said Court this
7lh day % January, a d. ISL.
r-sEf E.T. srKAGUE,
Now II there was any informality
OF error in the manner Of keeping
the records, was this 4 wrong Of
Mr.. Cannou's? II not, how can he
be charged with taking advantage
Of his own wrong" But it
can he shown that this man
ner Of recording naturalizations
is competent and sufficient. Con-
gress 20 considered il, and courts
have passed upoR it. CLERK
Sprague's certificate was evidence
enough TO the congressional COM
mittee that the record was ample.
The courts Of New York have given
decisions completely covering this
ground.
In lS5S Supervisor Davenport, for
political purposes, rejected a large
number % applicants for registration
on the ground that they were aliens
because there was no record OF their
naturalization in the court minutes.
This is the allegation in the case Of
Mr.. Cannon. ON the 18th Of October,
ISIS, Judge Friedman, Of the Super
Tor Court. rendered n decision in
these cases. He ruled that the laws
Of the United States do not require
entry Of adjudication in any par
tiCular book. Tha. in the absence
Of such statutory regulation, the ex-
tent and manner Of keeping the
record was left to the discretion Of
the court. And, he said:
The form OF the Judgment record,
showing the admission Of an alien 70
citizenship, so far a no express pro-
vision is made by Act OF Congress is
utterly immaierial."
1t appears that the custom Of the
court where these persons were nat
uralized was, up to ISIS, 10 note the
judgments in the minutes. But
after that there was simply an index
book kept. This was far less formal
and specific than the manner Of re-
corIing certified to 10y Clerk
Sprlgue. Yet Judge Friedman
held that it "fully answered the
purpose Of the law And he said
further
Even. therefore. il a defect in the
record existed in consequence Of the
omission Of some ministerial act by
the clerk the United States Govern
meni in the absence Of a law declaring
such defect fatal. could not afford to !
insist upon it."
Also,
Even Il absence Of an entry in
the general minute book could be
deemed a defect, # IS one which is i'm |
material, and whose disregard is de !
manded by every consideration Of /
public policy. Indeed it is one Of the
principles Of the law tina,
every court is the guardian Of It's own
records and master OF its own prac-
tice."
That is good common sense, as
well as good legal doctrine. And /
il ought to rule in Utah as well as