History of Salt Lake City, Part 79

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194

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In the municipal election of 1872, the Liberal party nominated S. Sharpe Walker for mayor.

But in 1874, at the municipal election, the managers of the Liberal party changed their tactics and constructed their ticket with Wm. Jennings, for mayor, accompanied with other leading citizens of the Mormon community, whose names were most acceptable, including Feramorz Little, Bishop John Sharp, A. C. Pyper and the regular city treasurer and city recorder.

The policy of this move, on the part of the Liberal managers, was to present the names of men in the contest who not only were not committed to the Liberal party, either in association or sympathy, but who belonged to the Mormon com- munity, and politically to the People's party. It was thought that by this inanceuver party restraint would be taken from a division of the People's party,

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who would vote their preference for Jennings and others, while the Liberal party would come in with a solid vote, suspending their own party ticket for the occa- sion, swelling the split vote of the People's party, and aiming to carry the oppo- sition into office. The same scheme has been tried in the Ogden and Weber county elections, and on one occasion the opposition, with Aaron Farr running against Franklin D. Richards, for the probate judgeship, nearly gained the day. The operation of the scheme was somewhat similar, in the contest between Wm. Jennings and Daniel H. Wells, in the municipal election of 1874, in Salt Lake City. There were four tickets put before the public on this occasion, two of which entered the contest. Here follow the tickets with their history and results.

The People's ticket, nominated at the mass convention held in the Taber- nacle, January 31 : For mayor, D. H. Wells ; for aldermen, Isaac Groo, George Crismon, Jeter Clinton, John Sharp, A. C. Pyper ; for councilors, Brigham Young, Theodore Mckean, Albert Carrington, J. R. Winder, Henry Grow, N. H. Felt, David Mckenzie, Feramorz Little, Thomas Williams ; treasurer, Paul A. Schettler ; recorder, Robert Campbell ; marshal, J. D. T. McAllister.

The "non Mormon ticket": For mayor, Joseph R. Walker ; for aldermen, Dr. J. M. Williamson, Fred. T. Perris, Harvey_Hardy, H. C. Goodspeed ; for councilors, John W. Kerr, C. C. Clements, John Lowe, Louis Cohn, R. N. Baskin, Joseph Dyer, Don C. Butterfield, T. D. Brown, John S. Atchison ; for marshal, D. R. Firman ; for treasurer, John Chislett ; for auditor and recorder, Wm. P. Appleby.

The Working People's ticket : For mayor, Wm. Jennings ; for aldermen, J. M. Benedict, Fred. T. Perris, N. Groesbeck, H. C. Goodspeed, A. C. Pyper ; for councilors, Adam Speirs, John Lowe, T. D. Brown, L. S. Hills, Elliot Hart- well, T'. R. Jones, P. Pugsley, F. Auerbach, A. White ; for marshal, D. R. Fir- man ; for treasurer, Paul A. Schettler ; for recorder, W. P. Appleby.

This third ticket seems to have suggested new ideas to the managers of the Liberal party ; and, for once, to take advantage of the occasion, they laid aside their anti-Mormon malice and let the sounder judgment of the citizens themselves prevail over the "ring" policy which had hitherto dominated, and the result was a strong ticket composed of representative Mormons, five of whom were on the regular People's ticket. This opposition ticket also bore the regualar name -" The People's Ticket." For mayor, William Jennings ; for aldermen, J. M. Benedict, A. Miner, N. Groesbeck, John Sharp, A. C. Pyper ; for coun- cilors, L. S. Hills, P. Pugsley, H. P. Kimball, Adam Spiers, Geo. Crismon, E. T. Mumford, R. B. Margetts, Feramorz Little, Thomas Jenkins; for treasurer, P. A. Schettler ; for recorder, Robert Campbell ; for marshal, Henry Heath.

On Saturday evening, previous to the election on Monday, at the meeting of non-Mormons in the Liberal Institute, it was intimated that there would be a change in the ticket ; and early Monday morning that change was announced in posters circulated throughout the city, signed by all the non-Mormon candidates, declining election, and calling upon their friends to vote the ticket headed by William Jennings for mayor.

The election day was full of life, bustle and good humor. At the City Hall the main forces of each party were centred. Here, the noise, bustle and confusion were

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intense, yet, withal, the best of feelings prevailed ; not a fight nor other disturb ance occurred. The canvassers for the opposition worked well for their party. Carriages and hacks were kept running all day, taking ladies to the polls, who turned out in greater numbers than ever before at an election in the city. During the day the National band was driven through the city in a'wagon, with " For mayor, William Jennings," on the sides of it, and flags flying therefrom.

At 6:30 r' M , the ballot boxes were returned from the several municipal wards to the City Hall. The mayor directed the recorder to send invitations to Messrs. J. R. Walker, Fred. Auerbach, General P. E. Connor and Captain Bates, to be present to witness the opening of the ballot boxes and the counting of the votes, in the interest of the opposition.

Alderman Pyper, and Messrs John T. Caine, B. H. Schettler, John R. Win- der, T. G. Webber and Paul A. Schettler were invited to assist the recorder in counting the votes.

There was a larger vote polled on that election day, for our city officers than over, either before or since. Daniel H. Wells for Mayor received 3.948 votes, and the other names on his ticket similar votes; while Wm. Jennings received 1,677 votes and the others equal, excepting the names which were alike on both tickets, which gave the total of votes : For Alexander C. Pyper, 5, 482; John Sharp, 5,477; Feramorz Little, 5,461 ; Paul A. Schettler, treasurer and Robert Campbell, city recorder, similar. It will be seen that Alderman A. C. Pyper received the greatest number of votes ever cast for a member of the Salt Lake City council, and that the opposition ticket was not altogether a failure, having given the very fair minor- ity vote of 1,677, and swelled the majority of five men on its ticket to a total greater than was likely to be cast on any one side in our city elections for a quarter of a cen- tury then to come.

But this fusion scheme, so far as the Baskin-Maxwell managers were con- cerned, was to make preparation for the August election for delegate to Congress, when it was designed that Baskin should go the next term to contest with Cannon for his seat. It seemed certain to these Liberal leaders that, could they by their scheme carry an opposition into power from the People's party itself, it would induce the minority of that party, for permanence of power and office, to recip- rocate and coalesce with the Liberal party when its turn came to carry their man. Nothing, in fact, was more certain to the subtle, directing brain of R. N. Baskin than that, could he but carry to Congress, if no more than a thousand Mormon votes, secured throughout the Territory by such a scheme to divide political Mor- mondom, his claims in Washington would be greatly enhanced.

But the Mormon community, in the August election of the same year, re- ceived another very striking lesson what an anti-Mormon party, under whatever name, signified to Utah, in every case, whether in success or defeat. That most significant question of the ancients was brought home-" Can the leopard change its spots, or the Ethiopian his skin?" They learned what Eli B. Kelsey discov- ered and declared in 1871, namely : that no division of the Mormon community could coalesce or in any way work with this Liberal party without betraying them- selves, at least, and aiming (though unwittingly) at the betrayal of the entire Mormon people.

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Having well laid their plans, the Liberal convention was called, by the Lib- eral central committee, to meet in Salt Lake City at the Liberal Institute, July 20, 1874, to nominate a delegate to Congress. There were present at the ap- pointed time quite a fair assemblage of the ablest men of the party throughout the Territory, especially from the mining camps.

The name put forward at first was that of H. W. Lawrence, and he, though stating his declination to his colleagues, was nominated as " our delegate to Con- gress," to allow the managers to gracefully bring Mr. Baskin to the front without seeming ingratitude to one who had served his party well. Henry W. Lawrence and William S. Godbe had done good service in the building of the Institute, giving birth to the party, and in many other ways, furnishing a while out of their own purse two hundred dollars a week to support the Salt Lake Tribune alone.

The nomination was fairly due to Mr. Lawrence; and then it kept up the pleasing fiction that our represesentative citizens, who had grown up with the community, and who had long been the architects of Utah's commonwealth, were not merely used by the politicians for their own purposes.

In the dilemma, in which the nomination of Mr. Lawrence had left the con- vention, Judge Haydon came to the help, upon a motion from one of the delegates to make the nomination unanimous. It was against his political principles, the judge said, to force a nomination upon any man, no matter how much he might re- spect him for his services to the party, etc., etc. He, therefore, objected to the making of the nomination of Mr. Lawrence unanimous. Vent being thus given by Haydon, others found breath, and then Mr. Lawrence insisted upon the con- vention's respect to his repeated refusal of the honor. The business was now clear, and R. N. Baskin was quickly nominated unanimously, not only to contest the election at the polls, but to contest for the delegate's seat in Congress ; such, in- deed, was the duty imposed in the discussion of the day. The convention had done precisely what it met to do, namely, to send Mr. Baskin to Washington on a mission ; the August election was merely the pathway.

Never before had there been such an election as that held on Monday, August 3d, 1874. The occasion of an election of a delegate to Congress that year, gave to General Maxwell, who was at that time U. S. marshal for the Territory, the power to apply the election " bayonet law," enacted for the reconstruction of the South. He engaged a strong posse of resolute deputy marshals, and it would seem from the development of the action of the day that the purpose was not only to take possession of the polls, but to place the city for one day under the rule of the United States marshal and his deputies, setting aside the mayor and the city police ; hence their action was chiefly directed that day against the police.

Promptly the polls were opened at their several precincts and the rush began. At each polling place, besides the city police, were U. S. marshals and challengers for both parties. At the outside precincts there was little trouble, but at the polls at the Fifth Precinct-the City Hall-there was almost a continual row from the opening to the closing. The Liberals concentrated their forces at this point, and from the first they seemed bent on causing trouble of a violent character ; for, in- deed, to the populace, the presence of so many deputy marshals under the com- mand of their chief, taking such an active and belligerent part could have no

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other meaning, to those who desired it, than as a spur to conflict with a promise of armed aid from the U. S. authorities, as the glittering revolvers of the deputy marshals were repeatedly displayed during the day, and that too as against the city police. Every man in that crowd which surrounded the City Hall, knew that Marshal Maxwell and his deputies signified an armed force engaged in the action of that election, and being so that conflict was invited between the People's Party and the Liberal Party, other than that which was going on at the polls in the elec tor casting his citizen's vote. There could have been no other intent than such a conflict, or at least than a desire to make a strongly pronounced demonstration of the authority and power of a U. S. marshal and his force if he so pleased to call it into action. The voting power on the side of the People's Party who elected George Q. Cannon with over a 20,000 majority, as against Baskin's 3, 300 votes polled for him throughout the Territory, renders it absurd to imagine that an armed force of U. S. marshals were needed to protect Mr. Baskin's interest and hold the city in awe for a day. Certain is it in any view of the case that many turbulent spirits interpreted the action of that election day, under the direction of the U. S. marshal and his deputies, to signify an intent of personal and vigorous con- flict, not only between the two classes of citizens, but also between the marshals and the police. At times, around the City Hall, a general melee was imminent, and it was only owing to the prompt and sturdy action of the police that a mob fight did not occur.

The first arrest made was that of a Mr. Alhum, who was put in jail by police- man Philips for disturbing the peace, using profane language and assaulting an officer. Almost immediately Mr. Philips was taken into custody by a deputy marshal and marched before U. S. Commissioner Toohy. Captain Burt and policeman Andrew Smith soon afterwards were escorted to the same place, when they were held in bonds of $300 to appear before the commissioner on the fol. lowing Wednesday and answer to the charge of interfering with the election. Next Deputy Marshal Orr interfered with officer Philips when in the performance of his duty of keeping the peace of the city, and the latter locked Orr in the city jail, where he remained, however, but a short time as a ready writ of habeas cor- pus from Chief Justice McKean released the deputy. Finally, after numerous trifling brushes in which no one was badly hurt, the mob became almost unman- ageable. At this time Mayor Wells was standing in the door-way of the City Hall, when he was seized by some of the mob, and was struck and kicked in a shameful manner. In his struggle to release himself the Mayor's coat was torn to pieces, and it was only with difficulty that the mob was beaten back and the Mayor rescued. The rush at the polls was now so great that it became necessary to close the main entrance. In the meantime the Mayor appeared on the balcony, read the riot act and commanded the police to restore order, and drive the crowd back from the doors. The order was instantly obeyed, and in the beating back several men received some severe cuts about the head and face. After that there were no more fights of a serious character, though numerous assaults occurred till the closing of the polls at sunset. Immediately a deputy marshal, on a warrant issued by Commissioner Toohy, senior judge of the election, arrested Justice Clinton on a charge of ordering the arrest of Deputy Marshal Orr ; and Captain

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Burt and policemen Hampton, Philips, Ringwood, Crow and Livingston were also arrested on charges of arresting the said Orr in the performance of his duty. They were all marched before the commissioner at the U. S. marshal's office, and placed under bonds, ranging from $300 to $1,000 to appear on the following Wednesday for examination. Next morning the Mayor of the city was arrested and brought before Commissioner Toohy and bound over to appear on the fol- lowing Thursday, his bonds being $1,000. The police were in the sequel dis. charged from custody, the commissioner holding that the policemen did their duty in taking Alhum into custody for violence and disturbing the peace. The Mayor was also relieved from his bond, for the cool judgment of the better class of the Liberal party appreciated that the Mayor and his officers had simply performed their duty, while the U. S. marshal and his deputies had exceeded theirs in pre- suming to attempt to take the control of the city out of the hands of its lawful guardians, instead of confining their duties to the maintenance of the citizens' rights at the polls, and the prevention of the casting of unlawful votes. Indeed, the difficulties of that election day grew not out of any interruption of voting the Liberal ticket, but in the action between the U. S. marshal and his deputies in arresting the police in their efforts to keep the peace of the city. It was at this juncture that the mob assaulted the mayor as he stood in the doorway of the passage of the City Hall, and assaulted him, too, simply because he was the mayor ; and, when the mayor appeared on the balcony, voices from the same class in the mob cried, " Shoot him ! shoot him !" with other like exclamations. But Mayor Wells had read the riot act ; and all concerned were quickly taught that the Mayor and his force were the guardians of the city and its peace, notwithstanding a special act of Congress, made for the South in the reconstruction, gave to U. S. marshals a certain authority on election day at the polls to see that no citizen was hindered in freely casting his vote.

That neither the candidates, Baskin nor Marshal Maxwell, really expected any hindrance from the mayor or the police, or indeed from any one of the People's party managers is certain. At the election in February, in the city, three times as many votes were polled for Jennings as those for Baskin, and two- thirds as many as were cast for him in the entire Territory; yet was there no hindrance to the opposition, which the Liberal party by uniting with it had made quite formidable. The day, though spirited, abounded with humor and good feel- ing. Mormon lads approached Mayor Wells, as he came along the street towards the City Hall, and, with their traditional respect for the leader scarcely over- powered by the mischief of the time, offered him the opposition ticket, crying, " Vote for Jennings." But on this election day hostile hands fell upon the mayor. In fine, the sharp history of the election day of August, 1874, for dele- gate to Congress is that Salt Lake City for a day was put under U. S. marshals, so that the contestant Baskin might perchance be able to tell Congress the story of the resistance of Mormon authorities to U. S. officers while executing an act of Congress to protect and aid the citizen in the exercise of his suffrage ; and all this, too, after blood had been shed and the nation shocked with the news of a " Danite slaughter." Such an opportunity was nearly won for the contest- ant, whether aimed for or not. Had those cries from his supporters been an-

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swered with a pistol utterance-"Shoot him ! shoot him !" when Mayor Wells appeared, and from the balcony of the City Hall read the riot act-answered in the manner of the rioters who fell upon the mayor at the door of the City Hall, beating him and tearing his his coat in shreads, the press dispatches that night would doubtless have toll a story of horrors.

CHAPTER LXXI.

THE FALL OF JUDGE MCKEAN. THE ANN ELIZA SUIT AGAINST BRIGHAM YOUNG. ALIMONY AND LAWYER'S FEES GRANTED PENDING THE DECISION. THE HEAD OF THE MORMON CHURCH SENT TO THE PENITENTIARY FOR CON- TEMPT OF COURT. THE PUBLIC CENSURE COMPELS PRESIDENT GRANT TO REMOVE JUDGE MCKEAN FROM OFFICE.

The 11th of March, 1875, was one of the marked days in the history of Salt Lake City, and a fated day to James B. McKean. The case of Ann Eliza Young vs. Brigham Young was resumed, on an order to show cause why defendant should not be punished for contempt in disobeying the order of February 25th, requiring him to pay $3,000 to plaintiff's counsel. The defendant, with his counsel, ap- peared in court to answer to a warrant of attachment. His counsel represented that the defendant was in ill-health ; and asked the court that he might be per- mitted to withdraw from the room-either on his own recognizance or on a suffi- cient bond-during the argument on the order to show cause. The judge refused to grant the request and the hearing proceeded.

Mr. Williams, of the defendant's counsel, read the answer to the order to show cause, which answer set forth that the defendant, advised by his counsel " believes that he is by law entitled to an appeal from said order and decree ; " that " an appeal has been taken and perfected from the said order and decree, to the supreme court of said Utah Territory ; " that " this respondent disclaims all intention or disposition to disregard or treat contemptuously the said order and decree or any process of the said court ; " " and prays to be hence discharged, and that further proceedings for the execution of said order and decree, for the payment of said fees and alimony, be stayed until the determination of said appeal in the said supreme court."

Long arguments ensued by Hempstead for the defendant, and Hagan and McBride for plaintiff. At the close the chief justice read the following order :

" This court having, on the 25th day of February last, made an order in this cause, ordering and adjudging that defendant herein should pay alimony and sus- tenance, the former within twenty and the latter within ten days thereafter, and the defendant having disobeyed the said order in this, that he has refused to pay the sustenance therein ordered to be paid ; 'and the defendant having been brought

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before the court by warrant of attachment in order to show cause, and having in writing and by counsel, shown such cause as he and they have chosen to present to the court ; and the court holding and adjudging that the execution of the said order of the 25th day of February last, can be stayed only by the order of this or some other court of competent jurisdiction ;

" It is, therefore, because of the facts and premises, ordered and adjudged, that the defendant is guilty of disobedience to the process of this court, and is therein guilty of contempt of court.

" And since this court has not one rule of action where conspicuous, and another where obscure, persons are concerned ; and since it is a fundamental prin- ciple of the Republic that all men are equal before the law ; and since this court desires to impress this great fact, this great law, upon the minds of all the people of this Territory ; now, therefore, because of the said contempt of court, it is further ordered and adjudged that the said Brigham Young do pay a fine of twenty- five dollars, and that he be imprisoned for the term of one day.

" Done in open court, this 11th day of March, 1875.

" JAS. B. MCKEAN, "Chief Justice, etc., and Judge of the Third District Court."

McBride asked that the order be made so as to require the defendant to re- main in jail till the counsel fees were paid. The court said he would let the future take care of itself.

President Young appeared in court at 10 o'clock A.M, and notwithstanding his ill health, there he sat till he was escorted out by Deputy U. S. Marshal Smith, at one o'clock. The great founder of Salt Lake City manifested not the slightest un- easiness or excitement during the proceedings, and when he was adjudged guilty of contempt of court, and sentenced to fine and imprisonment in the penitentiary, he was not disconcerted in the least. Probably he anticipated what was coming and was prepared for it. Indeed the native greatness of Brigham Young never appeared more striking than on these several occasions when he sat in the presence of Chief Justice McKean waiting for judgment. He was the " Lion of the Lord" still- but the lion in absolute repose. Sitting a prisoner in the court, he was, in the sight of his people, superior to the court; in the presence of the judge in- comparably greater than the judge. McKean himself, in his way, was painfully conscious of this vast superiority of Brigham Young, nd his overwhelming pres- ence in lion-like repose in his court. This was illustrated in Mckean's extraordi- nary opinion, in which he declared that a system was on trial in the person of Brigham Young ; and his decision now bore a manifested consciousness that he was sending " the Mormon Moses " to the penitentiary, for contempt of his court. The paltry fine of $25.00 was as nothing to this judge who had refused half a mil- lion for the prisoner's bail ; but that one day of Brigham Young in the peniten- tiary, for a cause which rested directly between himself and the prisoner-con- tempt-was to the judge as an epoch in his own life ; and so, indeed, it was des- tined to be.

The court took a recess soon after the order had been pronounced. Mr. James Jack, President Young's chief clerk; paid to the plaintiff's attorneys the three thousand dollars. Deputy Smith took charge of the prisoner and escorted him to

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the President's own carriage, which was in attendance, and drove him to his resi- dence, where President Young ate his dinner, procured such clothing, bedding, etc., as he required for a night in jil, and in the midst of a severe snow storm was then taken to the penitentiary by Dr. Smith, the deputy marshal. Mayor Daniel H. Wells, Dr. S. B. Young and Mr. Rossiter accompanied them and re- mained at the warden's house.

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History of Salt Lake City, Part 79

Author: Tullidge, Edward Wheelock Publication date: 1886 Publisher: Salt Lake City, Star printing company Number of Pages: 1194

Author: Tullidge, Edward Wheelock
Publication date: 1886
Publisher: Salt Lake City, Star printing company
Number of Pages: 1194