Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-12-11
HERE'S a HOw.DE.DO l
Judge zane Decides the vandercootS
Ilabcas Corpus Case in Favor
of the City-Fuil Text of
the Decision.

habeas corpus case, on trial
and submitted yesterday.
JUDGE zANE's DECISION.
The sheriff in his return to the writ of
habeds corpus testifes his detention of
the petitioner by virtue OF warrant
issued by justice of the peace On com
plant wherein was charged violation of
the l906th Section, Chapter VIII, of the
Compiled Laws of Utah. This section is
as follows:
EVERY person who keeps n house of ill
fame in this Territory, resorted TO for the
purpose of prostitution or lewdness, or who
wifully resides in such house, or resorts
thereto for lewdness, is guilty of INSIDE
meanor."
This section describes three onenses:
First-Keeping house OF ill fame re-
sorted to for the purpose of prostitution
and lewdness. think the latter part OF
ii is surplusage.
HOUSE OF I'LL FAME
Is house resorted to for the purposes OF
prostitution and lewdness. The first Of
tense, then, is keeping u house OF ill
fame; the second consists OF wilfully re-
siding in such house, and the third con-
sists in resorting thereto for lewdness.
The petitioner is charged with the last
offense, and counsel insist that this
offense is described in such vague and
uncertain terms that the Court cannot
say that it describes any offense; and
second, that if it does describe any Of
Tense, it means that the person resorting
to such house usually resorts to it for the
purpose of prostitution. The term lewd-
~,
ton, and that male person cannot be
guilty OF prostitution, in a legal sense,
and therefore the defendant, the Pc
come within the definition-that an act
OF adultery, fornication or lewdness on
his part would not come within the def
milton; that
HE COULD NOT BE GUILTY OF PRosTITU-
TIoN.
This word lewdness is used in many
connections since it has come into use.
In past ages different meanings were at
tached to it from what are now. As used
in this connection | don't think there is
any difficulty in ascertaining its meaning.
The section is aimed at bawdy houses,
and adopts three modes of suppression.
One is by Furnishing the keeper, the other
is by furnishing persons who wilfully re-
side in the house, and the other is by
Furnishing persons who resort thereto for
the practices which people are supposed
to engage in in these houses. A bawdy
house could be suppressed, certainly as
bawdy house. That would be the end OF
it; the injury to society would cease by
its suppression, and if it should prevent
any person from residing in the house, it
30 lNx ,l.,
house, because house OF ill-fame is not
Il house of ill-fame unless somebody is in
it, and ii persons are prevented from GO
ing into it for lewdness, the business
would be closed up; and in either case
the house would be suppressed. don't
think then, to give this section con-
struction this word lewdness means the
lewdness only OF females. That would
not be u reasonable construction of the
word in the connection with which it is
used.
MEN, AZ WELL AS WOMEN, CAN DE GUILTY
OF LEwD CONDUCT,
And ii they are guilty OF it, they are just
rs guilty OF it as the women are, in my
Judgment. am of the opinion that it
applies to men rs well us women.
The second objection is that the war
sufficient certainty. The language is that
the defendant in the suit, ION the 4th day
OF September, A. ID. 1885, and the 9TH
day OF August, A. D. 1885, at Salt Lake
City, county OF Salt Lake, Territory OF
Utah, one Mrs. S. j. Fields did keep Il
house OF ill fame resorted to for the pur-
pose of prostitution, and one Oscar G..
Nandercook, then and there well know
ing said house to be house OF ill fame
and resorted to as aforesaid, did unlaw-
fully, then and there, resort to the afore-
said house for lewdness." The time and
place OF the otfense and the name OF the
keeper OF the house are given, and it
states that the defendant knew that it
was such, and that he resorted to it I'M
lawfully-"then and there resort to the
aforesaid house for lewdness." That is
described as going to the house, and the
purpose for which he went is stated
stated to be lewdness. 1t is described
substantially in the terms OF the statute.
This is usually held, in an indictment, to
be sufficient description of the offense,
with the addition OF the names, OF course,
and the place and when. In other words,
it is held sufficient to describe the
offense in the terms OF the statute.
There are exceptions TO this, OF course.
Some statutes do not describe common
it is named in tie common law and
without giving A common law dissertation
OF the offense, In that case If Is not
necessary to describe the ofiense. But
when statutory offense il not Jescrihed
with sufficient certainty, il IL necessary IN
use other LANGUAGE where there are ev.
ceptions. where the ofTense does not
include all classes of persons rs construed