The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-04-09

TKEsRERALD wants halt IN tins ral'
by the Federal Judiciary because /
believes halt will be better for all con
cerned. We believe that the CRANE
iuries that have been so industrious
the matter. of indicting for polygam.
and unlawful cohabitation, We're no
regularly and properly constituted, ant
that consequently their labors as repre-
scented in these indictments are null anc
void. II is believed that the juries were
"packed" to indict, and not formed fol
the purpose of fairly investigating
charges and lawfully presenting
persons for trial. This belief is enter
tanned by lawyers of high stand
ing at + the bar. and of adj
mitted ability. 1t is believed that the
petit jnries that have been empaneled
to try persons accused of polygamy
and unlawful cohabitation, were
packed" to convict; that they were
illegal juries, and their verdicts will be
set aside. This is an honest belief and
is entertained by intelligent and able
lawyers and laymen. If it
should prove well founded, all
will admit that it would have
been better to have waited until
the Interpretation was given by the
judicial authority whose opinion, right
or wrong, is decisive and final. If 1t
should be that those who regard the pro-
ceedings In the local courts here in the
trials of persons accused of polygamy as
irregular and outside the limits oil
proper practice, are in error, no
harm has been done by the
brief halt that is asked; no point has
been l0st,by the government, and no
body has escaped punishment through
the delay. If the proceedings in the
Territorial Courts were not maintained,
and the LEGAL tribunals were turned back
into proper paths, contemplate the
harm that has been done by this un-
necessary haste, and ascertain, If yon
can, who WILL or can repair the evil.
The case is not one demanding such
vigorous action, especially when the
advance is SO likely to be suddenly
checked. PolYgamy has been openly
practiced here for more than thirty
years, and only during a short period
of that time has the government or
anybody felt SO badly scandalized by
the practice, as to deem its instantan
eous suppression matter involving the
perpetuity of the nation. The Ed
munds law itself became operative three
years ago, bnt not until less than half
a year since was it, deemed important to
enter upon its vigorous enforcement.
If the, suppression Of poly
gamy and the punishment of
polygamists are natters OF such
distressingly grave Importance, why
was not the work undertaken twenty
three years ago, or if not then, at least
three years ago? Why drive ahead
now with so much fury, after winking
at and in a sense encouraging the bust
ness for a quarter of 3 century?
THE HERALD is not saying that polyg-
amy is not an offense against the law,
nor that it entertains the idea that the |
statute will be stricken from the books. |
The law has made the practice an of |
Tense, and the law has been declared |
constitutional by an authority beyond |
which there is no appeal in the United
States. But Ee do say there is "a grave |
doubt as to the legality of thep roceed-
ings by which polygamists are being |
convicted and until that doubt has been |
dispelled, it is only wise ON the
part of the government and fair
to this community and to
individuals for the prosecution to go
slowly. If the methods employed by the
prosecution and the Court shall be APP
proved, and grand and petit juries can
be packed, then all may know what to
expect, and the Courts can go ahead
without having lost any time that was
valuable, or been materially retarded
in their progress. This terrorizing is
not in the interests of justice. and if the
outcome shall be as many expect it will
be, it will be proven to have been cru
ely unjust in its operations.