The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-19
ASSEMBLY
QUESTIONS TO COME BEFORE
LEGISLATURE.
Many Want New Code to Remedy
Defects of Present Laws, But
Ablest Lawyers Selfishly, 1t Is
Said, Oppose This Plan-'Dia-
mondfeld Jacks" Pardon.
fsnecial Correspondence.l

go down in history as Idaho reconstruc-
ton legislature; that is If the session
really does rebuild properly the many
laws whose construction has been so
faulty that they have only stood because
the supreme court has not peei sj he;.
an opportunity to send blast IN tneir
direction A state practically Wllloul
laws. That is the condition OF Idaho 20
day. If the rule laid down IN the lee
biii case were applied to any one OF over
lbs important laws they would not come
up to requirements. Citizens have, as
rule, refratned from applying tue rue
until the legislature Is given an oppor-
tunity to amend the faulty measures.
Some few have held off at the sacrifice OF
personal interests, but the majority OF
those whose pockets would be lined Dy
an attack that would unhinSe certain leg
isiation have resisted the temptation ne
cause they feared TO set In motion an eEu-
less chain whose links might entoId them
and grind them to death
In this connection / am tod that the
supreme court VIII indicate to the leglS-
larure through Governor SteunenperS gusI
what laws are defective and wherein. The
executive has been in correspondence with
various members of the legislature, VINO
have been apprised of this proposed solu-
ton of the difficulty. What the supreme
court proposes is to hold little private
session at which ii will pass on the con-
stitutionality of big bundle OF laws
without anyone having specifically at
7 tackled them. This may appear a tritle
ludicrous, and some of the legislators may
resent the intrusion and the lmputatlon
the tangled skein. STILL it seems to be a
wise eXpediel4t 1t will not do for lqaho
to sit two years longer over This volcano
OF legal uncertainty, and the scheme out
lined WILL if adopted by the wise men, re
move ING menace and make it possible for
a code commission to more intelligently
The legal fraternity is divided over the
question of a code commission. The ma
jority seem to favor it, but some OF the
leading lawyers in the state object to il
on account OF the expense, which, they as
serr, Idaho can i'll afford at this time.
when the legislature can remedy the de-
fecttve laws. giving all the relief neces-
Sary, at no extra cost. 1t is pointed out
by the DIRECTORS that the expense will
not be less than S25. 600 and they con-
tend the state cannot afford such
luxury. Better be pointed out by sister
states as a back number; better a good
bank account with less pride. they say.
The real objection of these leading lights
of the bar. however, is found in the fact
that the result of code commission
labors would be to materially simplify the
work of less brilliant lawyers, who could
then easily solve the riddle of Idaho 5
complex laws. whereas now many of them
are continually misled by the numerous
complications and ind il difficult to COM
pete with those who have possessed them
selves of the key to the great puzzle.
Jack Davis will never be pardoned.'
So / was informed this week by a man
who is in a position to know whereof he
speaks. The press has pretty fully in
formed the people concerning this case
TO place it in the front rank of criminal
prosecutions in this state. The story has
been told of the finding Of the riddled
bodies OF Commings and Wilson, the
sheepherders, thirteen days after their
murder of the feud between the cattle
men and sheepmen of Cassia county, Of
the conviction on circumstantial evidence
of ''Diamondfeld jack Davis, of the
statements Of JEFF Gray ana J. q. Bower
pardon that Gray killed the men in de-
tense of himself and Bower. and of the
action of the board of pardons in re-
sb~prieving Davis pending the result of
Gray's trial.
When the board refused to pardon
Davis on what is generally considered a
very strong showing for the condemned
man, opposed only by the physical facts
of the case, 1t practically stated to the
people that it did not believe the sworn
statements of Bower and Gray who.
either at the trial of Davis or before
the board perjured themselves. for Their
statements on these occasions were di-
rectly opposite.
If they hang Jack Davis it will be
MURDER. was another statement made to
New, the head of the great cattle firm
OF Sparks & Herreld. in whose employ
Davis was when the crime was commit
and who has stood at Davis side from the
nrst, spending mint Of money in his
qetense, gave utterance to these words
Mr.. Sparks says he is as certain of Davis
innocence as he is of his own existence
me two statements quoted strongly por-
tray the present status of the case and
desperate hope defying death.
froDably IN the annals of crime of the
northwest there has never been a case
similar TO that of -'Diamondfield Jack "
And what of the man who stands un.
DER shadow of the gallows, and through
the loop of the moose OF which another
man has thrust his head to some one
whom he claims is q victim of circunl.
stances. He Is supposed to be a bad man
his name indicates q border character
bristling with weapons. But to the Wis.
ltor ne presents more the appearance OF
bay digger who has devoted too
much OF his time TO the perUsal Of yellow.
backed literature. "Diamonfield jack /.
as meek as a newborn Moses. He has
been pictured as the daring guardian o.
the range employed by the cattleroen IL
drill eternal fear into the breasts of IN,
sheepowners and their employees As Z
matter of fact an ordinary fiOcktendel
could run him te death with q frozer
Sleeps tail But he was braggart he
lore confinement in murderers' row tanned
- SpeecheS ana spread the prison pailoi
-lbn his cOuntenance. And his manufac
y cured stories of daring deeds of nurner
tOuS exchanges Of shots with enemies VIII,
always outnumbered him bur who Uer,
ever sent to PERCEPTIONS flight hav,
proved we'll nigh fatal to his cause
There Is possibility that the dealt
sentence viii be committed but that is ;
matter TO be considered by new boar,
of pardons. whose decision the condemne,
man nefNouSly awaits. while the self
accused Gray stands ready to take hi
place. relying on a plea Of self-defense 70
acquittal.
While the prejudeing rabble shout fo
vengeance, the great majority of Idaho
ans with bowed heads are waiting Il
silence for the real facts bearing on III
terrible charges that have been lodge
against field officers of the Idaho req
mc1t in Manila. Though the humiIiafio
is keen, still few excepting that yolatil
class who need but a suggestion touche
TO the fuse of their imagination TO ey
plcde their unreasoning brains. win be
Eeve the accusations are but the childre
of mischief-Inakers until the case
clearly proven before d properly consti
tuted authority. Public opinion cannc
satisfy itself by trying these men. The
must, before the proper military body. b
proven guilty before Idaho viii believe
but they must prove their innocence be
fore that court before Idaho can defen
and hold them Up as her dutiful bu
maligned sons.
Tho charges are directed again,
Colonel Jones. commanding the regimen
and Major Higgins. the ranking maio
commanding the first hnttalion The
are accused OF rank cOwar dice-openl
charged with disgracing their regimen
and their flag. Such charges are To
serious TO be accepted as true ,withol
the fullest proof and they are also to
serious TO be dropped without the fulle.
vindicatiOn possible.
The people of Idaho demand that q
soon as practicable a court be convene
10 examine into the facts of the cas-,
n they demand that the fullest examin;
ton be had into the conduct OF the
irusted sons: they demand the extren
penalty If these men are shown to
guilty: and they fully realize how such a
outcome would Smirch the glory of the