The Dillon tribune., 1885-12-19
Nlcnt. Hist. Society
COHABlTATlON.
What 1t Means According to the United
States Supreme Court.

What 1t Means According to the Unites,
States Supreme Court.
In the Supreme Court opinion delivered
in the Cannon case, at Washington, the
principal question was as to the proper
Of Section 3, depending upon
the meaning Of the word "cohabit" as
used in It, and Judge Bradley in his opin.
ION says: "The Court properly charged
the jury that the defendant was to be found
guilty II he lived In the same house with,
the two women and ate at their respective
tables one third Of his time, or thereabouts,
and held out to the world by his language
or conduct, or both, as his wives, and that
It was necessary It should be shown that
two women, or either Of them, occupied
the same he'd or slept in the same room, or
that he has sexual intercourse with them.
1t is the practice Of unlawful cohabitation
with more than one woman that is aimed
ciassed with rolygamv
and having its outward semblance. 1t is
not on the one hand meretricous or un-
martial intercourse with more than one
woman If the general legislation as to
Government. Nor, on the other hand,
does the statute pry into the inti,nacies OF
the marriage relation, but it seeks not only
to punish bigamy and polygamy when di-
rect proof OF the existence OF these rela-
tions can be made, but to prevent man
from Haunting in the face Of the world the
ostentation and opportunities Of biga-
nous household, with all outward appear
ance Of the continuance Of the same rela-
tions which existed before the act was
passed and without reference to what NAV
occur in the privacy CT those relations.
And, again in the spirit of its interpreta.
ton, man who cohabits with more than
one woman, in sections 3, S and s Of the
act, when holding out to the world two
women as his wives, By language or con.
duct or both, Or If he lives in the house
with them and eats at the table of each
portion Of his time, although he does not
occupy the same bed or sleep in the same
room with either Of them or actually have
sexual intercourse witt. either Of them, he
holds two women out to the world as his
wives BY his conduct, when he maintains
two wives and the children Of each all in
the same house with himself and regularly
eats at the table Of each and acts as the
head Of the two families.
TIE objections to the indictment Qha.
1t does not allege that the defendant was
male person nor that he cohabited witt.
two women as wives, or as persons held
out as wivcs) are over.ruled under the,
criminal proceedings act of Utah, defend.
ant having pleaded and not demurred, and
being held to have understood distinctly
that the charge was made against male
person, and was cohabiting with women as
wives and not having been prejudiccd BY
the failure 10 SO allege. The opinion con-
cludes with the statement that strong ap.
peal was made in its arguments not to up
hold the rulings OF the trial court because
that would require polygamous husband
not only to cease living with plural wives,
but also to abandon the women themselves,
and the Supreme Court Of the United
States was asked to indicate what the con-
duct Of husband towards them must be
in order to conform to the requirements of
the law.
The law says, no court can say in ad.
vance what particular state of things will
be lawful, further than that man must
not cohabit with more than one woman in
the sense of the word "cohabit" as dc.
frrred. While Congress had legitimatized
the issue Of polygamous marriages born
before January 1st, 1859, it had left the con.
duct of man towards polygamous wife
to be regulated by considerations which
outside Of Section ; are not covered bv
statute and which must be dealt with ju-
dicially when properly presented.
Justices Miller and Field dssentcd.
Justice Miller in his dissent from the de-
cision said: ~ think the act of Congress
when prohibiting cohabitation with more
than one woman meant unlawful habitual
sexual intercourse. 1t is in my opinion
strained construction Of highly penal
statute to hold that men can be guilty un-
der the statute without the accompaniment
Of actual sexual connections. l know of
no instance in which the word scohabita-
tom has been used to describe a criminal
offense when it did not imply sexual in
tercourse."