The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1885-12-16
THE MORMON DELEGATE.
John 7. Caine. Sat Upon by
the President.
GOT SIX MON H
Angus n. Cannon Fined and Impris.
oned for Unlawful Cohabi-
- tation.

WASHINGTON, December ID. - Delefat
John T. Caine, OF Utah, has presented t.
the President a denial of the charges q
threatened insurrection against the Unltes
States authorities, and madeA short state
ment OF what the church regards as tn
truth OF the matter. The President re
piled to him briefly and vigorously, as hi
manner is, and denied one of his request
In such a as to start the rumol
that an alteration had taken place, aat
that he had refused to listen to explam
tions or excuses from the Mormon side o
the affair. Mr.. Caine went on ~preparn,
his papers next day, and last evening sub
mitted seriatim denials of the stories 0
the uprising t~elegraphed East since Satur
day night. He proposes to furnish Other
matter as rapidly as it can be sent to him
and will make as vigorous a fight as posi-
Die to uphold the topping power OF thu
church.
AFFIRMEQ.
The Supreme Court to-day affirm ed the
judgment OF the Supreme Court of Utah In
the case OF Angus NJ. Cannon, plaintiff in
error, against the United States. Cannon
was indicted under the Edmunds act fol
unlawful cohabitation with more than ont
woman. The defendant objected TO the
giving OF any evidence, on the ground that
the indictment did not allege that he was
the male person o that the coha bitation
Was with the women as wives. The obiec.
tion was overruled and a verdict of guilty
returned, and the defendant sentenced to
pay a fine OF $500 and to he imprisoned
for six months, and to be further impris.
oned till the payment OF the fine. Justice
Miller dissented from the opinion OF the
court.
The principal question was as TO the
proper construction of Section 3 depending
on the meaning OF the word ''cohabit'' as
void in it, and Judge B%latchford, in his
opinion, says: "The Court properly charged
the jury that the defendant was to be found
guilty it he lived in the game house with the
two ONE and ate at their respective tables
0 le-third O.: his time, or thereabouts, and
held out to the world by his language CT
conduct, or both, as his wives, and that It
was necessary it should be shown hat two
women, or either OF them,
OCCUPIED THE SAME BED
or slept in the same room, or that he had
sexual Intercourse with them. 1t Is the
practice of unlawful cohabitation with
more than one woman that is aimed at-a
c%ohabitation classed with polygalny and
having its outward semblance. Iii is not on
the one hand, meretricious or unmaritalin-
%tercourse with more than one woman if the
general legislation as to lewd practices is
left to the Territorial Government, Nor,
on the other hand, does the statute pry
into the %intiMacies ofthe marriage relation,
but it sepks not only to
PUNISH RIaAMf AND roLYaAMY
when direct proof OF the existence of these
relations can be made. but to prevent a
man from Haunting in the face of the world
the o%stentation and opportunities OF a big
amous household, with all outward ap.
pearance Of the continuance of the same
relations which existed before the act was
passed and without reference to what may
occur in the privacy Of those relations.
And, again in the spirit OF its interpreted
ton, a Ilan who cohabits with more than
one woman, in sections s, + and 8 OF the
act, when holding out TO the world two
women as his wives, by language orconduct
or both, or If he lives in the house with
them and eats at the table OF each a por-
ton OF his time, although he does not oc-
cupv the same bed or sleep in the same
O with either OF them or actually have
sexual intercourse with either of them, he
holds two women out to the world as his
wives by his conduct, when he main
tains two wives and the children Of each
all in the same house with himself and. reg
ulariy eats at the table OF each and acts as
the head OF the two families.