The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-08-27

The board of county commissioners
yesterday wrestled with a question In
volving the religious liberties guaranteed
by the Constitution to the citizens even to
che who is temporarily restrained of his
freedom by an enforced residence in the
county Jail. The question came up in the
course of business, and Sheriff Lewis was
sent for TO enlighten the commissioners
The sheriff was loaded with information
and proceeded TO tell the board what he
knew about the matter in hand.
AN UNBELIEyER' COMPLAINT.
The following explanatory letter from
Attorneys L. w Rhodes and James A.
Williams ITO the sheriff Vas read by the
we learn that one of our clients,
James 7. Monk. who is confined in the
mining records of Big Cottonwood min
ing district, is denied his daily paper by
the officials of the jail He ordered the
Tribune sent to him, and Mr.. Raleigh,
your deputy, says the paper has been
coming regularly, but that because MT
Monk would not go to church ON Sunday,
he would not give it to him We do fot
understand under our CONSTITUTION ana
the constitution of the United States that
You have any right TO intiict addltlonal
punishment upon Mr.. Monk for his re-
fusal to attend divine services we Go
not know that you have any law on Jour
Side to compel a man to ATTEND divine
services. He is suffering sufficient pun
ishmert by being confined in jail, with
out being additionally punished for MS
religious beliefs. wish you would Aook
inao the matter"
THE COUNTY ATTORNEYS OPINION.
Sheriff Lewis had already advised with
County Attorney Van COtt relative TO
Monks complaint, and had the clerk read
the legal opinion received by him from
the county attorney. 1T was as follows:
Answering the letter of MesSrS. Rhodes
and Williams ito you, herewith returned,
which is dated Aug. II, have to say that
we are of the opinion that the sheriff mas
a right to prescribe what enjoyment pr1S-
oners shall have in the way of papers,
periodicals, ea,tables, etc. We are also of
the opinion that the officers at the Jail
have a right to make reasonable regula-
tons and if 1T is regulation ITO have
the inmates appear at divine services
then you have a right to enforce such
regulatio
AS VIEWED BY THE COMMISSION
ERS.
Chairman Armstrong was inclined to
agree with the sheriff and attorney that
the question was one that involved prison
discipline.
Commissioner Hall. however. expressed
his surprise at the cause of Monk COM
plaint and said he believed that to COM
pei him to attend divine services at the
Jail against his viii or to punish him for
refusing to comply with the prison rule
relative to such attendance was an un
lawful and unwarranted infringement up
On the prisoners religious rights and be-
liefs.
THE SHERIFF ASKED TO MODIFY
THE RULE.
Finally Commissioner Hall offered the
following resolution, which was adopted
d1-,S o-1IN ~
not calculated to direct the sheriff in the
conduct of the Jail:
Whereas, 1t has come ITO the knowledge
of this board that it is a rule of the coun-
~ jail that all inmates 3aall attend re-
ligtous services on Sunday unless pre-
vented by sickness;
Resolved. That we recommend to the
county sheriff that he so modify this rule
50 as to make 1T optional with the in
mates TO attend such service. SO that their
attendance may be entirely voluntary;
but in case he finds such modification
of the rule Inconsistent with proper Jail
discipline. that he abolish such religious
-ervices.
Upon retiring, Sheriff Lewis stated that
he would soon determine upon what
course to pursue, and that in all proba-
bility he would give peace - the troubled
mind of Monk, who, by the way, is serv
ing out a sentence for Contempt of court
pending the determination of an appeal
on the points involved in the question of
the custody of the mining records, by
modifying the prison rule relative to
compulsory attendance at religious SER
vices of any and every character. He is
a we'll known character, having been re-
corder Of one of the Cottonwood districts
for many years, and is q, BROTHER of Hank
Monk. the famous Nevada stage coach
driver.
THE STATE BOARDS VALUATIONS.
The state board of equalization reported
the following asses sment of railroad tel
egraph and telephone property i'm the
county, which was referred TO the county
auditor, surveyor and assessor to appor-
tion among the various school districts:
Rio Grande Western Railway Co.'S 674,669
Oregon Short Line Railroad Co.. 654, 1873
Salt Lake City Railroad Co.,. 275, 10
Salt Lake Rapid Transit Co... 155, 1872
Salt Lake & Los Angeles Railroad
Co. -. -. ......... 80. 1880
Utah Central Railway Co..,....... 92,392
Co. .... 49,. -. ......... p, 6S. $50
West Side Rapid Transit Co. $3.50
Salt Lake e. Ogden Railway Co.. % 726
Western Union Telegraph Co... $40
Salt Lake & Fort Douglas Rail
way Co.,. ...'; -. ...'.'.... S,02O
Dessert Telegraph Co.. ............ $50
Total. ........ ......... -. 81, oS1. 29o
D. o. Rideout, jr., and a large number
of others, petltioned for the laying out
and construction of a public highway
from Draper and Union. Referred TO the
road committee.
The sheriff was granted authority to al
low Deputy Sheriff Hansen of Murray SO
a month for horse feed in consideration
OF his making daily pfJtrolling trips to
Bingham Junction TO suppress the tramp
planned about by citizens of West Jor-
dan