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

The prosecutions lOf leWu anu laSViNi-
GUS conduct that the city has instituted
against various individuals have created
IL very considerable sensation. The ques-
ton NAV be discussed from dozen diff
ferent standpoints, for il has many sides,
and into it there enter many motives.
We propose to discuss 1t as vindication
OF law merely, but may incidentally men
ton other matters in order to explain the
present move.
For long time past there has been
very extensive enforcement of the Ed
munds law, especially that clause oi the
law which refers to unlawful cohabtation.
This clause, as construed by our local
courts, has reference to u continuation OF
the marriage relation with n polyganous
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
rage relation, because the clause in
question was held to have been enacted
with reference TO II 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 were 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 I'M
dertaken to deal with lcwd and lascivi-
ous 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
the present cases, and the great un-
lSnowns OF which so much is heard,
are brought in the interest
OF law and morality, or whether
they are brought in the spirit OF revenge
and as an Offset to the prosecutions under
the Edmunds law makes no great differ
ence to the main question. II the prac-
tice OF polygamy is inconsistent with the
highest idea OF the family, and should be
suppressed, so is lewd and lascivious as
socation between men and women. Po-
lygamy in Utah puts new phase upon
political matters, and strikes at the unit
OF the State and seeks to change it, and
should be suppressed. Lewd and lasciv-
ious conduct exists more or less in every
country, and is thing with which every
municipality must deal and it should be
suppressed The Legislature should pass
laws on the subject, and they
should be stringent, and OF whose valid
ity there can be no question
There should be no cessation of the pros.
ecutions for unlawful cohabitation, nc
lnatter HOW extensive iiay De tHe prose'
cutions instituted by the city. Likewise
if the actions instituted by the city shall
be held valid, there should be no cessa
tion Of prosecutions under them. The
laws should be enforced all around, be-
j. cause the law is supreme. But one law
should not be enforced for vindictive pur-
. poses, nor for purposes of revenge or as
an offset to another law. Neither should
one law be allowed to remain nullity
on condition that another law shall moi
be enforced. All laws should be enforced
and all breakers OF laws should be pun
ished; but neither local nor general laws
should be spasmodicaly enforced, bu
rather continuously and always.