Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1875-05-18
ANN ELIZA-JUSTIC LOWE.

Lowe in the Ann Eliza VS.. Brig
ham Young case, to compel the
payment of alimony pending her
suit for divorce. Judge Loves
decision is that she is not entitled
to alimony, as her marriage with
Brigham is a " bigamous or polyg-
amous marriage"
One of the chief grounds taken
by ex-Judge Mexican, before whom
the case first came up, is that a
marriage solemnized in Utah, either
according to the forms of the
Church of which Brigham is the
head, or according to the forms of
common law, is a lawful and valid
marriage, provided that the parties
to the marriage contract are
LEGALLY competent. Judge Nc
Kean thus concluded this portion
of the proposition:
If it should be proved that a
marriage sought to be dissolved,
was to the knowledge of the
parties at the time of entering into
it, polygamous or bigamous mar
riage, this Court will not grant a
decree of divorce. "But the Court
is not permitted to presume what
the proofs will be-"
It will be seen that the suit be-
fore Judge Lowe was not suit for
divorce, but a suit to compel the
payment of alimony decided by the
former Judge to be due the plain
tiff during the tendency of the
suit for divorce. In throwing the
case out of court, Judge Lowe does
what Judge Mexican thought en-
tirely beyond his jurisdiction,
namely-presumes or pre-supposes
that the proofs adduced in the suit
for divorce will show that Ann
Eliza and Brigham Young were
NOT legally competent to marry"
from the fact that Young was al
ready married. Through a tech
meal nicely of the law, Judge
Lowe can undoubtedly defend his
action. But we are mistaken if he
has not given the anti Mormon
element of his district good reason
to believe that he is trying to
reconcile polygamy with Constitu-
tional laws and the more just
decree of Civilization, instead of
making an effort to crush out the
only principle which holds Nor
monism together-polygamy. By
his ruling he virtually says to the
Mormons: $50 on and enjoy the
unclean fruits of your polygamous
contracts until 1 can detect you in
the very act; but 1 will not punish
you unless I am obliged to-"
While on the bench he holds up
his hands in holy horror at the
Mormon monster Concubinism-
and as soon as the judicial ermine
is laid aside, he hob-nobs with and
toadies to its big chiefs. Even
though it knows, with all its just
structures against Chief Justice
loves decision, the Tribune"
does not state the MAIN CAUSE why
Polygamy still reigns triumphant
in Utah; why the Government of
the United States has been power
less all these years to punish the
bigamists of Utah, and enforce the
laws in that Territory. Mormon
Money mas been the giant which
has been pitted by Brigham and
his cohorts against the law and
justice. And that giant has found
none (save one) SO great, on the
United States Court bench of Utah
or in the halls of an American
Congress, that did not, sooner or
later. surrender to polygamy.
Judge Mexican stands alone, as the
solitary exception. And what is his
rewards? removal from the trusts
which was placed in his hands, and
which he was all but too faithfully
carrying out in the interests of JUS
tice, decency, morality and righte-
Gus government. What if in his
zeal to do right. he made mistakes:
1t was of the head. not of the heart.
With all his faults, he was honest,
capable aud earnest; and, had he
not been interfsred with, Polygamy,
that blot on the nations honor and
fame, would have fallen and for