History of Utah, 1540-1886 - Brigham Young University

664 THE LAST DAYS OF BRIGHAM YOUNG.
was admitted to bail, 21 Stout and Kimball were handed
over to the authorities at Camp Douglas, and Brigham,
hearing that his case was set for the 8th of January,
1872, immediately set out from southern Utah,
where he was sojourning, and travelling over 350
miles of mountainous country in midwinter, delivered
himself into custody. He was placed in charge of
the marshal, bail being refused even in the sum of
$500,000, and detained a prisoner in his own house,
until discharged on the 25th of April, by Justice
White, on a writ of habeas corpus. 22
In sore disgust, the people of Utah adopted yet
another constitution, which was forwarded to congress,
together with a memorial for admission as a
state, but without result.' 23 A bill was passed appropriating
$50,000 toward the expenses of the constitutional
convention, but was vetoed by the governor,
who gave, among other reasons, the open violation of
the act of 18G2, and the crimes committed against
law and public decency in the name of religion. 24 So
far, indeed, did the governor push his privilege, that
he insisted even on nominating the territorial libra-
rian and the superintendent of common schools. 25
Meanwhile the condition of affairs in the superior
courts of Utah was simply lamentable. During a
G. D. Grant, and Simon Dutton, for the murder of a man named Buck, at
Warm Springs. Woods' Recoil., MS., 47; Millennial Star, xxxiii. 7-44, 808-9.
21 The prosecuting attorney asked that the bail be fixed at §500,000, but
the judge said he would be satisfied with two sureties each of $50,000. Deseret
News, Nov. 1, 1871.
22 Millennial Star, xxxvii. 7S8-91. In the case of Clinton et al. vs Englebrecht
et al., the judgment rendered for $60,000 against the municipal officers
of S. L. City for suppressing an unlicensed liquor store was reversed by
the supreme court. Millennial Star, xxxiv. 296. For grounds, see Smith's
Rise, Progress', and Travels, 68-9. This decision annulled indictments against
more than 120 persons.
23A copy of the memorial and constitution is contained in Utah Pamphlets,
Political, no. 8. See also De*eret News, March 6, 1872; House Misc. Doc,
42d Cong. 2d Sess., iii. no. 165. For counter-petitions, see Id., iv. no. 20S;
Sen. Misc. Doc, 42d Cong. 2d Sess., ii. no. 118.
24 Woods' Recoil., MS., 50; Millennial Star, xxxiv. 117-80; Deseret News,
Jan. 31, 1872; House Misc. Doc, 42d Cong. 2d Sess., iii. no. 155; Utah Jour.
Legist., 1872, pp. 85-7. For resolution censuring veto, and in favor of convention
and election of delegates, see Id., 1872, pp. 104-5.
25 Utah Jour. LegisL, 1872, p. 36.