Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-07-08
MAILING THE FALsEHooD.


II Is Just worth while, for the hene-
1T OF candid inquirers after facts, for
this paper now to nail the latest at
tempt of the anti-"Mormon" organ 10
crawl out of the dilemma in which It's
own fnlsC Gods had placed 1t. 1t de-
oared of the non" Mornlons' in Utah
tnat:
"They were deprived of their const-
tutional l!gnts In many ways by bi-
| ased Jaws, end by snap Judgments un-
der those laws"
"The evils and wrongs from which
they suffered were inflicted by a law
less combination Of bigots and con-
| scicnceless, robbing priests; fanatical
Sedlots who have been and are now
tie foes Of all civil order" etc.
We asked how this SANDER could
even appear plausible as is quite gem
orally known. the federal courts were
all the while IN full sway, and differed
entirely by nor-' Mormons."
AS in a spirit of low huffoonery, the
organ now attempts to relegate into
the dim ard distant past Of some in
definite time prior to a third Of a
century ago all the mythical evils
wrongs" ''robbings," etc. of which 1t
had borne false witness. Trusting that
no one would take the trouble 10 expose
| its sinister deception, it proceeds TO add
to its infamy by saying:
"The answer is. the Federal courts
were not in full operation till after 1874.
And even when they did get into run
ming order, the Territorial Legislature
did it's utmost, at every session. TO re-
strict the operation OF the Federal 1ur-
isprudenoe so as TO prevent as far as
possible any interference with the
"Kingdop of God" ard many Of the
wrongs we've such as could not be
brought into court, as the biased as
sessments, the registration frauds prior
TO 1882, and the like"
All OF which is so totally false and
ridiculous that It is scarcely necessary
to draw the record upon the falsiiier to
annihiiate this latest subterfuge. AS
to the nonsense that some wrongs could
not be Drought into court" here are
the facts, from Baucroft's History OF
Utah:
by the act of 1852 1T had been ordered
| the ulSIr1Ct COURTS tAtiSi9t
| original Jurisdiction. both in civil and
| criminal cases. when not otherwise
provided by law. and should have a
general supervision over all inferior
| courts, to prevent and correct abuses
where no other remedy existed. by
| consent of court any person could DC
! selected TO act as judge for particular
| cause or question, and while In this
| capacity possessed all the powers of a
| district Judge. The district court
| Judges were of course federal magis-
| trates. BY the same act II was pro-
| vided that there should be Judges OF
| probate for each county within the
| territory: that they should be elected
for term of four years by Joint vote
| OF the legislative assembly
BY the federal statute these courts
had the administration OF estates. the
| guardianship OF minors, Idiots, and In
| sane persons, and power TO exercise
| original jurisdiction both civil and Grim
| inal, as well In chancery as in COM
| mon law, when not prohibited by legis-
| lative enactment The probate court
| Judges were OF course Mormons; hut
| appeal lay from their decisions to the
| district courts. Subject to the revi-
| sion OF the probate court We're the
municipal courts, the justices of the
| peace, and the three 'selectmen' APP
| pointed for each county"
So much for the question as to the
authority and date Of the operation
Of federal jurisprudence" in Utah.
AS TO the Poland law Of 1874, II re-
lntes to the selection of juries Prior
to that time. Jurors had been selected
In the usual ways. BY the Poland
law the Gentiles, then in a small min
GRITTY, We're given equal representation
on the jury lists with the "Mormons. "
This arrangement though not consId-
cred equitable By the "Mormons, was
generally satisfactory TO them and was
regarded as quite sufficient by con-
serVatIve Gentiles, OF course, that
discrimination as 10 jury service no
longer exists, and jurors are now cho-
sem without regard to their religious
beliefs,
The pioneers came here IN iSf7, In
1852. by the Congressional law. above
noted the federal courts were duly Gre
atcd. From that time to the present
their authority has not been questioned.
Tho assertion OF the organ that 'the
federal courts were not IN full opera
ton" TIL after 1874, is only another
case OF grasplng at straws to save It's
face when confronted by its own ridic-
ulous classifying; or, to use its own
words when It undertakes 20 befog the
past Ia Utah with it's evasions, twist
ings, conoealn,ents, prevaricatlons. and
candid statements that leave out or
pervert the essential features OF tn,
case"