Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-12

by decided ability, untlf1ng zeal ana UMPIRE
cedented success. Since the present prose
cutting attorney, whose appointment tw
years ago was made upon the earnest reques
of the Commission, was installed in hi
office, -eighty-three indictments have BEEF
found for polygamy and unlawful cohabita
ton, there have been twenty-three convic
tons and forty three cases are now awaiting
trial. A large proportion of this class o
cases is in the court presided over by TIN
Chief Justice of the Territory, at Salt LAX
City. The civil docket of this court is yer,
large, but polygamy cases have been givei
precedence over all others. The great in
crease of business brought to this court by
the active prosecution of offenders under th,
Edmunds Act has made il necessary that tn,
appointment of
AN ADDITIONAL JUDGE IN THAT TERRITORY
Should be authorized by Congress. It il
unfortunate at this time that the remuner
alton for such services as have been rendered
during the past two years is so small tina
the Prosecuting Attorney and his assistant
have found it necessary, considering theii
personal interests, to tender their reSigna
tions. The very best talent, coupled with
the utmost integrity of character. is essen
tial for success in this SERVICE and these are
possessed in the fullest degree by the pres
ent incumbents. The loss of these efficient
officers is much regretted by every citizen OF
Utah, regardless of party affiliations who de
sires that the Territory may be relieved OF
polygamy.
! THE DEFENDERS OF PoLYaAMY IN UTAH
Lay much stress upon the fact that the pros.
ecutions under the Edmunds act are direct
| ed solely against those who maintain the
polygamous relations. They charge that
alleged sexual derelictions by people who do
not belong to the Mormon church are not
investigated and punished under the Ed
munds law, and that therefore the execution
of the law is partial. But this is an error.
The law was not directed at individual las
civious practices, but against the assault
made by the Mormon church upon
THE MOST CHERISHED INSTITUTION OF OUR CIV
ILIzATIoN--
The monogamc system. The laws for the
suppression of polygamy were chiefly in
spired by the apprehension that if this prac-
tice should even be tolerated anywhere in
the United States, it might one day become
serious menace to the institution of monop-
amy, which the world has come to consider
the most potential factor for the advance
ment of civilization everywhere 1t was
against this danger that the law was aimed,
and accordingly the courts have held that
the living with two or more undivorced wives
at the same time in marital relationship and
holding them out to the world as SUCH con-
stitutes that kind of cohabitation which is
by its very nature an attack upon the mono
gamic system-the sacred family association
which is the chief pride and strength of our
social fabric-and to do this is the very
offense for which the law provides punish
ment. But in dealing with this class of of
Tenders
THE COURTS OF UTAH HAVE BEEN MERc1FuL.
The uniform rule has been to give all per-
sons thus arraigned the opportunity of full
remuneration, and solemn promise to re
frain henceforth from the practice to avoid
the Imprisonment part of the penalty for
such offense.
In this connection it may be properly said
that there is no local statute in Utah against
adulterons or lascivious practices and there
sponsibillty for this is altogether with the
Mormons themselves, as such legislation in
all the Territories is always left by Congress
to the Legislatures.
By the provisions of the Ninth Section of
the act of 1882, under which this Commits
sion was organized, authority is given to the
Legislative Assembly of Utah. lat or " after ter
the first meeting" thereof, to make such
laws conformable to the Organic Act of said
Territory and not inconsistent with other
laws of the United States as it shall deem
proper concerning the filling of the offices
III SAID Territory declared vacant by this
act."' The first session of the Legislative
Assembly held thereafter was in January,
1881. 1t was composed of members in both
branches chosen entirely by the Church
agencies. a bill was passed through both
Houses, which failed TO receive the approval
at the Governor, because, in his opinion, it
DID NOT MEET THE REQUIREMENTS OF THE ACT,
And, as the Executive of that Territory has
an absolute veto, it failed to become a law.
The next meeting will occur in January. and
another opportunity will then be presented
to the Legislative Assembly to conform the
laws OF the Territory to the Federal laws in
the respect mentioned. 1t will, indeed, be a
most gratifying consummation if this could
% wei! and faithfully done; but, judging the
future by the past action of the Legislature
and remembering that, with single excep,
ttiion, all Its members were chosen as before,
there can be little hope or expectation that
a safe and satisfactory result will be reached
through Its enactments at the coming ses-
sion. Not the least of the obstacles the
government has to encounter in enforcing
her laws against polygamy in spite of The
most eihclent and sincere efforts of all the
authorities charged with its extirpation, ia
ia, fact that the legislative power of the
Territory in all its force and strength is
arrayed against the desires of the people
and of the government in this respect. and
from this power
NO HELPFUL LEGISLATION CAN DE EXPECTED,
Although it is supported by the National
Treasury. Therefore we consider IL onr
DUTY to urge upon Congress the earliest pos
legislation.
we invite attention to the suggestions
made IN our reports of October 3d. 1888. and
April 20, 1884, which were substantially EN-.
bodied in Senate bill 1888, reported from the |
Judiciary committee of the Senate and |
passed by that honorable body during the |
last Congress, but which failed to pass the |
House of Representatives. We also call Mt. |
tention to certain additional recommendn- |
lions made by us in our report of November
10, 1881, which have not yet received the at |
tention of Congress. For convenience of
reference we present the following summary
of the
RECOMMENDATIONS
this date, October: w w
!. The enactment of marriage law.
2. Making the first or legal Wife n com
petent witness in prosecutions for polv1-
amy. ava PoiSB-
.. Restoring to the first or legal wife the
tlght OF DOVER, as NJ common law, or other
interest IN the real estate, as provided in the
statutes OF many of the States.
4. Proyiding for a fund, to be furnished
by the Department of Justice, to the proper
egai authorities in the Territory.
r, .. me comforting upon the United States
M |