Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-24
THE CITY PROSECUTIONS.

Gus conduct that the city has instituted
against various individuals have created
Il very considerable sensation. The ques-
ton NAV be discussed from a dozen diff
ferent standpoints, for it has many sides,
and into it there enter many motives.
We propose to discuss it as a vindication
OF law merely, but may incidentally men
ton other matters in order to explain the
present move.
For a long time past there has been a
very extensive enforcement of the Ed
munds law, especially that clause of the
law which refers to unlawful cohabitation.
This clause, as construed by our local
courts, has reference to continuation of
the marriage relation with polygamous
wife, and not to intercourse between
lewd men and women. In fact, the
cohabitation clause in the Edmunds law
was held not to apply to intercourse
between lewd persons outside of the mar
riage relation, because the clause in
question was held to have been enacted
with reference to a marriage system
Under this construction OF the cohabita-
ton clause OF the Edmunds law only
those who were living in the polygamous
relation were liable to prosecution, and
only those who We're Mormons were living
in the polygamous relation, and of course
it followed that only Mormons were
liable to prosecution under the Ed
munds law. The Edmunds law, then,
did pretend to deal with lewd conduct as |
usually understood, and a man, so far as |
that statute was concerned, might be as
lewd and lascivious in his life as he chose
and yet have no fear Of prosecution there
under. Neither do the laws of the Terri
tory provide for the punishment OF such
cases; and so the city, under one of its
ordinances, or perhaps under the general
regulating clause OF the charter, has un-
dertaken to deal with lewd and lascivi-
Gus cases. Whether the particular ordi-
nance is valid, or whether the charter
gives the city the power claimed, remains
to be seen.
Now for the main question Whether I
the present cases, and the great un-
knowns OF which so much is heard,
are brought in the interest {
of law and morality, or whether I
they are brought in the spirit of revenge ,
and rs an Offset to the prosecutions under /
5he Edmunds law, makes no great differ {
ence to the main question. If the prac- s
tice of polygamy is inconsistent with the i
highest idea of the family, and should be i
so is lewd and lascivious as L
between men and women. Po- \
ygamy in Utah puts new phase upon r
political matters. and strikes at the unit Fl
'f the State and seeks to change it, and a
should be suppressed. Lewd and lasciv- fl
Gus conduct exists more or less in every V
country, and is thing with which every s.
municipality must deal and it should be l.
The Legislature should pass Il
avs on the subject, and they n
hould be stringent and OF whose valid \
ty there can be no question. S;
There should be no cessation OF the pros 81
cutions for unlawful cohabitation, no n
natter how extensive may be the prose- d
utlons instituted by the city. Likewise, IL
the actions instituted by the city shall d.
'e held valid, there should be no cessa- to
ion of prosecutions under them. The I'll
Avs should be enforced all around, be- I,
ause the law is supreme. But one law ot
hould not be enforced for vindictive pur- tn
oses, nor for purposes of revenge or as Ri
n offset to another law. Neither should M
ne law be allowed to. remain nullity m
a condition that another law shall not pc
e enforced. All laws should be enforced,
nd all breakers of laws should be pun
he'd; but neither local nor general laws
lould be spasmodically enforced, but
tther continuously and always. Lo