Ever heard of Utah territorial Chief Justice Charles Shuster Zane? He’s one of those fascinating footnotes in history. Appointed in 1884 to administer justice in Utah, the New Jersey Quaker was a respected Illinois lawyer who rubbed shoulders in the same circles that Abraham Lincoln inhabited. Zane was a circuit judge when appointed to the Utah bench by President Chester A. Arthur.
His tenure was stormy. The dominant Latter-day Saints disliked Zane because he thoroughly enforced the laws against polygamy. He imprisoned men and polygamous wives that he discovered were living “the Principle.” Zane also was heard to publicly proclaim polygamy an abomination. The judge was enforcing the Edmunds law, which was designed to go after Utah Mormons on the polygamy issue.
According to an article on Zane in the fall 1966 issue of Utah Historical Quarterly, then-BYU professor Thomas G. Alexander cited the following negative assessment of Zane from LDS historians B.H. Roberts and Orson F. Whitney: “Judge Zane ... will stand classed ... in that history as sharing in responsibility for the cruelty and injustice of that regime, which marks the saddest period of Utah’s history. ... Judge Zane never divorced himself from his deepseated prejudice and vindictiveness against ... [the Mormon] offenders and their religious faith, ... his object was the overthrow of Mormonism as a religion.”
Those are harsh words, and they come from Roberts’ “Comprehensive History of the Church of Jesus Christ of Latter-day Saints” and Whitney’s “History of Utah.” But they’re also not true. In his Utah Historical Quarterly article, Alexander takes a long look at Zane’s judicial philosophy while in Utah, and discovers a tough but fair judge who was scrupulously following the law. In other words, Zane was not the judicial activist many Mormons had hoped would look the other way at laws designed to hamper their religious beliefs.
In fact, Zane made many lower-profile decisions that helped the Mormon church, which was constantly facing nuisance lawsuits from the energetic anti-Mormon “gentile” faction of Utah, which had as its mouthpiece “The Salt Lake Tribune.” For example, Zane ruled in favor of local, Mormon public schools receiving tax monies, rejecting lawsuits that they sectarian schools that taught treason. Zane was a big believer in public education, and the rights of local communities to make educational decisions.
Also, Zane resisted efforts by gentiles in Utah to swing elections through malicious efforts. He sided with the People’s Party, an LDS party, in its accusation that members of the gentile Liberal Party had tried to stuff ballots in an 1890 school election. In fact, Zane even allowed, over gentile objections, voting by Mormon men who had engaged in obviously sham “spiritual divorces” from their polygamous wives. That shows a lot of tolerance for the Mormon religious mores.
In fact, when Zane finally jailed men and polygamous wives, it was only after every effort to prosecute, or resolve, the situation, had been attempted. There’s no doubt that Zane’s judicial decrees ailed many prominent Utah Mormons. Zane had the — perhaps — misfortune of assuming the bench when enforcement of the anti-polygamy laws was at its most intense. And he was determined to obey the letter of the law. Alexander adds that whenever a guilty plea came in, Zane was likely to fine, rather than jail the polygamist.
Another ruling, disliked by the LDS majority, was Zane’s decision to allow lawyers to question Mormons on naturalization, or citizenship, protests. As Alexander notes, this was a big issue as the Mormons were energetic missionaries overseas and the converts migrated to Utah. However, Zane did offer the Mormons an olive branch by requiring that the district attorney question prospective citizens, rather than anti-Mormon lawyers, explains Alexander.
After the 1890 Manifesto against polygamy, Zane’s attitude on the practice became more relaxed. Alexander recounts that he accepted the promise by LDS Church President Wilford W. Woodruff and later published an article in Forum magazine where he stated, according to Alexander, “that the Mormon problem (polygamy) was at an end because the Mormons had resolved to obey the law.”
The tenure of Zane was an example of a judge diligently following the law in a rugged, still frontier-like territory and angering both sides. Because the high-profile cases went against the majority Mormons, he was vilified long after his death in 1915. It would be fascinating to read a more in-depth look at his tenure as Utah territory’s chief justice.
--- Doug Gibson
-- Originally published at StandardNET
No comments:
Post a Comment