that amounted
to persecution, I could be silenced by the imposition of the suspended
sentence; and if I failed to criticize, I should be false to what I
considered my duty. I did not wish to be put in any such position; and I
said so.
Justice Zane had a respect for the constitution and the statutes that
amounted to a creed of infallibility. He was the most superbly rigid
pontiff of legal justice that I ever knew. A man of unspotted character,
a Puritan, of a sincerity that was afterwards accepted and admired
from end to end of Utah, he was determined to vindicate the essential
supremacy of the civil law over the ecclesiastical domination in
the territory; and every act of insubordination against that law was
resented and punished by him, unforgivingly. He promptly sentenced me to
three months in the County jail and a fine of $150.
My imprisonment was, of course, a farce. I was merely confined, most of
the time, in a room in the County Court House, where I lived and worked
as if I were in my home. But the sentence remained on my record as a
sufficient mark of my recalcitrance; and I knew that it would not aid me
in my appeal to Washington, where I intended to argue--as the first wise
concession needed of the Federal authorities--that Chief Justice
Zane should no longer be retained on the bench in Utah, but should
be succeeded by a man more gentle. He was the great figure among our
prosecutors; the others were District Attorney Dickson and the two
assistants, Mr. Varian and Mr. Riles. The square had only seemed to
be broken by the recent retirement of Mr. Dickson; the strength of his
purpose remained still in power, in the person of Judge Zane.
And let me say that whatever my opinion was of these men, at that time,
I recognize now that they were justified as officers of the law in
enforcing the law. If it had not been for them, the Mormon Church
would never have been brought to the point of abating one jot of its
pretensions. All four men, as their records have since proved, were much
superior to their positions as territorial officers. Utah's admiration
for Judge Zane was shown, upon the composition of our differences with
the nation, by the Mormon vote that placed him on the Supreme
Court bench. Indeed, it is one of the strange psychologies of this
reconciliation, that, as soon as peace was made, the strongest men of
both parties came into the warmest friendship; our fear and hatred
of our prosecutors changed to r
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