Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-01-15
BAR ASSOCIATION.
Judge Smith, Attorneys sutherland and
'arial Also Mako Yalu.
able Contributions.


bold ia the Supreme courtroom last
evening was well attended by mem.
burs Of the bar anu Others, the audience
including fair sprlnsling Of ladius.
Cmri Just.gu Merritt called the meet.
ing 10 ORDER after which
judge Sutherland, president Of tho
association, delivered tho Inaugural
address, which was listened 10 with
rAptatteuliou. Ho began by remark.
ing that ai tho las: annual meeting OF
The association Statehood was being
locked forward b.. Sow 10 was assured.
Julyu Sutherland next called utsn.
u0u 80 thr fact that ul,ty.Hvo VI tho
t'iy.hvc members ol tho convention
tuBt Trained the Constitution OF tho
United E.ulr were lawyers, and
auguug tnB profession were hwyefs
VINO would iu { e. future constitute lhe
judiciary % tho now state. Tho sneaker
dwclt gt come luuglh upon tic im.
IufNuCu OF ty.ufug learned una
uHurat uiHn iUr these o. uUalulr iu.
ui'.ul las.liJls, a.sr when uu gave nu
u.pHiiJu 30 tAy query "altu.I tue
Othati.Jti contain Any prov. .Yu rs
lp JItuH, ANA b, su, what pFlyI.i.u'p
NI.u relation 30 tlu ErAuI iuaaf,
judge au.He.Aui TuuImmauirl chat
90 TO- provided lu toe Constitution that
800 proper llas' criminal aC1Yaallaus 10
made D. u.ufl.gtI0u nul thel no grand
Iu.y ate called uultW Tor EyurLl
tyuHIn7i Che ssmu i1 uU ordrfet by
court having criminal jurisdiction, uB.
Loving 'Hai ~ .'aiH might, ii 30 saw
proper. u.a .Cua1 with that iuslumuut
ilr formulating accusations Tor crime.
Aitgf altgu"..us iulI matter ut Some
length, JUDGE au,HurlluI took 900 tho
matter W p1,lt lurie1. Jugies DO not,
nu lnII, represent on average Of tho
Intelligence, moral character, kuOwl.
rIsu OF curlgrt uujuciI uuI tho .old
Hgu.u % tug UUUUiy, There 10 no
itgI 90 az moral character, OF
NulWly.rt, % Intelligence isr com.
los short 10 which q iufgr viii DO rr.
"g,tt. 1. ug BE- ln health, hls near.
/ iHs uuiApalu.i 10 hr haas u oomiaOu
understanding VI the LuElish lautu.eu
anu mind enough 10 Keep out VI lno
asylum fUr Idiots aud tine insane, hu
| will 90 hold qualified 10 ult on al eaH.s
] Tint como reiOf0 the court, Judges
/ axe uuly permitted 10 look on while
l thu,o Interior mon called Jurors exCr-
cree tho judicial function anu arc
authorized ~ say what Bui,0r shall do
aui tgco!yo OK legal Justice. JuIgcs
/ aud luwycrs trained 10 tlu law, aru
| but spectacular fuucllunGriui IN iau
| solemn temple " IhrmlE, these dJlts
ana lgunrmuscs hold the Judicial
| scales. a lugy trial 10 "a game u
I ..H. De-. Il.
] problem No uncertainty. NcrIlCts not
lulruuuyntly Indicate tue told creative
/ faculty VI children 90 when stick 10 q
horse, % paper crown makes king, %
| pair OF furuWflus sage or q grand.
| mother. The Jurors are individually
| won. To- say that they know nothing
/ about law Hud dom. want a.. Ia
/ theory n Jury 10 uUvHr mia.ui py
| q correct charge, whether 10 Ia under.
| stood or not. A conscientious Juror
/ win try 90 do hIB duty IL hr does
! there De- mo- tuui, N hr does no. 10 10
! easy 10 hide his shame. Ia conclusion,
! Judge Sutherland HllI3 / am drciI.
] vdly in favor Of the omission from the
/ Constitution OF any provision guRTau-
| feeling night OF trial by jury IA any
| case wnutever-Clvil ur uTimlnal-!n
| order thar tho Legislature may wholly
I abolish lufitH or abolish them with
/ exceptions and have pIwur 10 pt0viIe
/ u deemed best some other anu moro
/ Intelligent aides % the court Ia deter
| mining facts, What the aides shall
| be IL a matter Tor Legislation. La i'm.
! p0rlant criminal CASES and In certain
clyil cases, Judge will proceed with
more confidence anu bu aided, n ho
/ calls 20 sit with him, Ia IA advisory
capacity one OF two educated and iu-
iclllgent mHu VIVA are practically con.
vetsant with the general subieC. which
may DO Involved Ia tho trial. Such
useful men may he pefemptOrlly called
Tor one TRIAL rom any profession, call.
ing or business.
q. s. yARIAN's Address.
Attorney G. $. Narlau read n paper,
"S1mu Views on the COuslituiil
Iu opening he referred 10 the fact that
tIu Congress VI tho United States, In
apparent distrust " tue professions VI
tho religious leaders, had included tue
following In the enabling ret: "Aud
said convention shall provide by OrIi-
nance irreyooablo without the consent
VI lhe United States anu tho people OF
said State, that perfect liberation VI
religious sentiment shall be secured
aud that 10 inhabitaul OF said State
shall ever DO mOle5ted on account OF
ats or her mode Of religious worship,
provided that polygEmy or plural mar
rluges are forever prohibited" Tho
enabling act was peculiar one,
thought the speaker, anu, framed IN
apparent diHlfuHt u the sincerity OF
the members Of the dominant church,
contaius provision that pOlygany
anu blghmy shall be forever Ablurbd
ana that liberation shall bu extended
90 all religions. In no other OF the on.
abliug acts OF the states WAS any such
provision inserted, 10 being considered
that the state hnu the power ~ &C.. u,
,ats an its own Internal affairs
and had the Tlght 90 government
i'm lnct, without Interference OF the
federal government. According 20
the enabling sOt Tor utah tho people
would have no power 10 make an
amendment OF any kind 10 the Con.
Hlltuti1u when once adopted Rud APP
proved By tho United States, without
the approval OF the federal governs
msut. This seemed an attempt 10 la
lrOduoo twO separate anu distinct al.
thUItlgl which viewed from legal
standpoint, Is Bu gbsurdily.
Tho gpuGker next referred 10 The
question OF women sutltage aud took
tH,.tj,,,,s,}o nm Jy,gg Ig,,g