Salt Lake City. U.T.
April 30. 1872.
Hon. W.H. Hooper and Geo. Q. Cannon.
Washington, D.C.
Dear Brethren.
We continue to receive from time to time your interesting favors, (the last dated the 23.) and prize them highly.
The Globe containing debate on the Colorado river railroad bill was also received and re-published in the "Deseret Evening News." Such an exhibition of acrimony on the part of Mr Claggett was as uncalled for as it was untrue, but I suppose he thought no better means could be adopted to get the bill through than by blackguarding the Mormons. Bro Hooper acquited himself well, and would have doubtless put his antagonist utterly to flight had time been allowed.
As you have learned Hon. Elias Smith granted my petition for release on habeas corpus, and I was released on the 25th at 3.30, <p.m.> The arguments for and against the petition were elaborate & exhaustive, and but little display of ill feeling was manifested by the other side. The main objections raised were "that the Probate Court had no jurisdiction," that "inferior courts could not decide on the action of superior courts", that "the decision of the Supreme court of the U.S. had not been officially communicated" &c. The court decided that the jury which found the indictment was known by him to have been illegally empannelled as he had already taken judicial cognizance of the fact, and was not dependant on the U.S. Supreme Court decision. The argument that inferior courts could not legally interfere with the action of superior courts was met by Judge Snow declaring that the action of any court if illegal, is void, and being so, was no court at all. The rest of the prisoners sued our writs of habeas corpus last Saturday before Judge Smith, but were brought before Judge Hawley by his order. There the proceedings took a new turn. The U.S. Marshal applied to be released from the further custody of the prisoners. They, by their attornies, Hempstead & Hoge protested against the proceedings, as these had been entered into without their knowledge or consent. Hawley, after delivering himself of one of his elaborations remanded the parties back into the custody of the U.S. Marshal. This morning, I understand he has turned them over into the custody of the Territorial Marshal. Gen. Maxwell applied for the release of Hickman yesterday. Certified copies of the U.S. Supreme Court reached here last night. (29th) (30th.) I have just received a call from Bros. Stout, Kimball, Blythe, Toms, Burt and Hampton who have been released by the Court. You can readily understand they feel very thankful. I have invited them to accompany me and a party of friends on a trip to the Utah Northern Railroad
May 2. Yesterday we had a very pleasant ride to Brigham City starting at 5. a.m. accompanying Bro. Carrington & the eastern missionaries who left Ogden at 8. a.m. We proceeded to the present junction of the U.N. at the switch of the C.P. about 16 miles from Ogden. Our train consisted of 3 U.C. cars and Locomotive. At the switch I saw for the first time the petite locomotive "John W. Young" & the narrow guage road.
We were really delighted with it. The road is graded some 25 miles and the track laid 8 miles; they are very busy grading & track laying, with plenty of iron on hand and the rest forthcoming as soon as required. This is very gratifying and will prove a great benefit to Cache Valley and the northern country generally.
Judge Strickland is riding a high horse, and following in the trail of McKean. One Loomis, fined by the City for reputing to license for selling liquor, appealed to the District Court. Strickland ruled that the Mayor and Aldermen were without judicial power; thus giving his judicial protection to drunkenness, gambling and debauchery. The same day, on application of Maxwell, he ordered a person the court desired to hold, into the custody of two parties; declining to acknowledge the Territorial Marshal. The Marshal protested against this but without avail, the court refused to acknowledge his authority. Now, bearing in mind that Marshall McAllister was legally appointed by the Legislative Assembly, and rec'd his Commission of the then Gov. S.A. Mann. (I think) and that he has virtually acknowledged as Territorial Marshall by the present Gov. as appears in the language of the Appropriation bill. "To be drawn by J.D.T. McAllister, Territorial Marshall on vouchers. . . . . $10.000.00" &c. Is not Strickland playing very high?
The Prest. has started for the point of the mountain South & said he had nothing particular to communicate, only to give you & our friends his very best respects. and would like to have you forward copy of the U.S. Supreme court decision in that ecclesiastical case, the opinion on which was delivered same day as the Engelbrecht case.
The foregoing items are thrown together hoping they may contain something interesting that you do find in the papers.
I shall continue to journalize in this way, under direction of the Prest.
With the very best wishes for your success.
I remain,
Your Bro. in the Gospel
D. McKenzie