The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-03-02
DEY,s SPEECH.
Able Address of Clever Lawyer
Against McCune.

Able Address of Clever Lawyer
Against McCune.
In opening Mr.. Dey discussed the
term bribery in its larger sense, a sense
which involves no punishable crime, but
as he described it "a sense that involves
moral turpitude or any other influence
which would unlaWfully promote or adj
vance the interest of a candidate before
the people OF before the legislature.
Said Mr.. Dey, You stand here simply
as deputed by the legislature to stand
between the people of this state and
the American senate to ascertain
whether any corruption or bribery in
technical sense as a punishable crime
has been committed by Mr.. McCune
or any other candidate. in a sense that
would destroy the free right, the free
Volition of any man to vote according
to the dictates of his own conscience"
He then quoted at great length the
case of Lowell VS.. Purdy, So Wis, 213.
In this case the candidate was after
the office of probate judge. He did not
take money and bride the voters, but
he issued a circular promising to re-
turn $500 to $1,000 of the salary if he
were elected. The court discusses bri-
berry at great length in the decision,
and cites definitions of bribery from
decisions in numerous states which
showed that any attempt to influence
voters so that their free intelligent and
unbiased judgment should not be eX-
pressed by their ballots struck at the
foundations of free government.
Now gentlemen" went on Mr.. Dey,
upon that principle which is simply
this, in brief, that any unlawful in
Iluence and wrongful influence, con-
trolling an election is in the greater
or larger sense as used by
Hawkins. long years ago, bribery
which would destroy the cleo
ton, which would make an election il
legal, and that it is not necessary that
the only bribery would be one that is
punishable as a crime"
The speaker then took up the facts
in the Law case
He said: 1.-THE natural inquiry in the
case Of Mr.. McCune is, would he do
such a thing? We have the start made
acknowledged by him that he started
in by spending large amounts of money
in the interest of the campaign: that
he, before the election some time, that
he took upon himself to take d finan-
cial burden off of one of the honorable
senators for the purpose Of, at his own
expense and heavy financial loss. hav-
only leading Democratic paper in the
state. That even by his own admis-
sion, he has spent up to this time
eight or ten thousand dollars in cash
since this legislature opened. We find
he has not not drawn any checks or
kept any account of these eXpendi-
lures at all, run under no business sys-
tenn whatever. We find from him also
that he has incurred an unpaid obliga-
,i,,or I,
and dollars, all told"
And what has this all been for?
Would a gentleman who has used
money so freely, who has spent money
In every direction, from obtaining
newspapers, from running campaigns
in this eXtravagant manner, senatorial
contests in this eXtravagant manner
would be so pure so spotless. that he
would not be apt, if he could, use
money to obtain a vote if needed? Why,
gentlemen, when l think of those ex-
travagant expenditures, | cannot help
but think that upon that principle the
senate of the United States would never
have been adorned with the names of
the great men who have distinguished
and hon0red it, and l know that IN our
Utah we would not have had our Brown,
nor our Cannon nor our Rawlins. and /
warrant too and most regretfully. that
upon that administration we will never
have our Thurman
Mr.. Dey inquired then if man who
had spent such fabulous sums would
be above purchasing Mr.. Laws vote if
he could
LAWS MOTIVE.
He took up the question of Mr.. Law S
motive. The inquiry naturally is,
said Mr.. Dey, what motive on earth
NOl1l6 10 have Hyoi1nc- man hf &C. TO
destroy all his future, to destroy all
his good name and everything else, to
put up Il job Of this kind. What mo-
tive, ask? Has any motive on earth
been shown? He stands here with
reputation for honesty and with a rep
utation and character that has never
been impeached; and gentlemen, you
know as well as l that if Mr. McCune,
with the money he has expended, could
have impeached or lowered his reputa-
ton an iota, he would have been swift
to do it. The very fact that it has not
been done shows that it cannot be done.
A man in his position of life, as is Mr..
Law, with a future before him, ele-
waited as he was to the honorable po-
sition of representing the county of
Cache in the legislature; that he should
throw himself away. And it is with
these gentlemen in this position that we
now ascertain what they did"
Mr.. Dey then went on to describe
Mr.. Laws meeting with Mr. Monsoon,
his conditional promise to vote for Nc
Cune and the Tuesday evening dinner
at the Vienna. He spoke of the al
legged interview at McCune headquar-
tiers in private room, saying:
How long were they there together?
1t is disputed, you know. by the evil
dence, upon that; but there was time
in the darkness of that secluded cor
ner, after their winning and dining, in
the good condition they naturally felt,
TO have made the suggestion. to have
made the proposition, to have given
some hint at least that such would be
entertained
And then he went on to speak of Mr..
Sloans dinner with Law when Law
stated that his motives might be i'm
pugned if he voted for Mcclure He