Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-24
A1TA1Es YOUNG. EDIro
A THUNDERBoLT.


told the Grand Jury. in answer TO n ques-
ton by that body, that they could bring
one or more indictments against n man
ior unlawful cohabitation where the evil
dence was sufficient to warrant the con-
clusion that such man had at divers
times broken the law against unlawful
cohabitation, the decision fell like a
thunderbolt among those who were liable
TO such indictments. The first to feel the
effect OF this decision is II. S. Gowans, Of
Tooele. Against him have been found
three indictments under which he was
arraigned yesterday, and to which he
pleaded not guilty. The fact OF these
three indictments having been found
against one man for continuing crime
seems to have thrown CONSERVATION and
terror into the ranks OF the polygamists.
And very Justly may 1t do 80. Why?
Because under that construction OF the
law, and we believe that II is very gener-
ally accepted as correct by the members
OF the bar, continuing to live in unlawful
cohabitation may be punished indetin-
itely. The rationale OF it is that a
continuation Of the crime is 4 con-
tinual repetition OF the crime,
and each repetition may be pun.
ished the same as the iniuatory crime.
This may seem harsh to a certain extent,
but Is such doctrine any more harsh in
one class OF crimes than in another? To
those who persist in their practice OF un-
lawful cohabitation there stares them in
the face three incontrovertable facts,
which are First, Continual flight from
the officers of the law; Second, Continual
punishment by the law or, Third, Con-
tinual obedience to the law. These three
alternatives are presented to those who are
in the predcament OF Mr.. Gowans. The
desire OF every law-abding citizen and
well.wisher OF mankind is that they may
render continual obedience to the law.
Under no circumstances is it pleasant
sight to see any man imnursd in prison,
no matter what his crime may have been
nor under what belief or conviction It
may have been committed. Neither is it
pleasant sight to see men persistently
defyiug the laws, although those same
men may fully believe that they have
right to violate and defy them because
they are in conflict with their ideas as to
their religious or other rights. A religi-
Gus right is no more sacred than any
other right, nor is religious infringe
ment OF the law any more to be excused
than any other infringement OF the law.
The respect and consideration which
are paid to the convictions OF conscences
In matters OF religious rights are entirely
different from the rights themselves.
Rights OF all kinds are independent OF the
consideration Or disrespect in which they
are held and the tenacity and zeal in
which man may claim right are
things entirely different from his title
thereto.
The endcavors OF the officers OF the
law to suppress polygamy and unlawful
cohabitation is one question, hut aside
from that immediate one there
is this other question, To whom be-.
longs the right, in Utah, to say what
shall be and what shall not be legal
marriage and when a crime in relation
thereto has been committed, to the United
States or to the Mormon church? II the
Mormon church has right to declare u
marriage system and define the status
thereof, it also has the right TO say upon
what grounds divorces may be granted,
Ii the Mormon church has this right in
Utah under the Constitution, it has il
in every Territory and State, not
withstanding the autonomy oi the
States. When this protension is
carried 10 its logical conclusion
il will be seen that the Mormon church
has all rights and the Unit, states none.
The pretension is too absurd and prcpos-
ferrous to be entertained Tor 81 single mo-
ment, and the Government will not allow
it for moment Ii various members OF
the Mormon church persist in their claim
TO this right and continue to violate the
laws against polygamy and unlawful 80,
habitation, the suffering and imprson.
ment which they may have to endure
they will bring upon themselves.
Would it not be we'll for the people Of
Utah to pause for short while in their
mad career of lawlessness and look upon
and think about the situation here us it
is. Blind fanaticism and burning frenzy
seem to be their only guides. That
men in the fervor OF religious zeal get
into such frame OF mind As that
justindicated as that OF the people OF Utah,
ws know, but how they do it We have
never been able to comprehend 1t is
nothing new, but on the contrary is very
old; but every time Il comes il presents
the same difficulties. The people OF Utah
have The power within themselves to
correct the present deplorablc condition
Of things, and they should use their
power. For them 10 expect tina, the
law is going TO yield to them is foolish
ness in the extreme, and the sooner they
recognize the fact the better ii will be for
them. They should also recognize am
other important fact--thc Government is
determined TO suppress their unlawful
practices at all hazards, and that amy
supplementary legislation that may be
needed TO accomplish this end will he
enacted by Congress. Now, what do
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