Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-03
A CHOICE.

The case of John Daynes seems to be {
matter of vital importance in the com
munity, if the NeUs voices its sentiments
Mr.. Daynes asked the Court with which
of his wives he might live in the future
and the Court told him, in substance, that
he might live with either he chose. This
greatly insenses the News, and last night
it reviewed the case at length. Mr.. Daynes
was tried for unlawful cohabitation and
found guilty and promised obedience to
the law in future. 1t was ques.
ton OF unlawful cohabitation and
nothing else. If Mr.. Daynes chooses
to live with his polygamous wife
nc one can prevent him; and then Mr..
Daynes has precedent for such proceed
ing among Mormons who have not prom
ised to obey the law. If Utah had any
statute against adultery such cases might
be punished, but Utah has no such
statute. If Mr.. Daynes' first and legal
wife chooses to bring an action for divorce
against him, and allege as cause for
the granting of it, his unlawful association
with his second wife, there is no doubt
that the decree prayed for would be
granted. Even the simple charge of
abandonment, without any allegation of
lewd association, would be sufficient
ground for granting divorce either in
the Probate or District Court. That the
Territory has no statute making wilful
abandonment of a legal wife for the pur-
pose of consorting with another woman
a crime, is q disgrace, and one
that is due to the action of the
Utah Legislature, Legislature abso-
lutely Mormon. The NeaUs, in COM
menting upon the Daynes case, says,
"the power on the bench did not keep
him in suspense long; while it was the
moral duty of the trafficker in wives to
live with and maintain his first or legal
companion, unless there were some other
reasons for a separation not appearing
then and there, still, there was no law
making it compulsory for him to do so;
but in any event he must not hold out
or live with more than one." If man
does not follow the line that the Ners
would lay down for him, but prom
ises obedience to the law, he
is termed trafficker in wives. Is such
man any more a trafficker in wives out
of the Mormon church than in it if he
marries more than one? Is the right to
have more than one living and undivorced
wife at the same time right belonging
only to Mormon, or is it right belong
ing to all men? The Neus asks ''if
Daynes elects to choose her as the legiti-
mate partner OF his toll, his feelings and
his fame, by simply exercising his prefer
ence under the sanction of the Court,
how can the latter recognize the antag-
onizing conditions which he helps to Gre
ate when he announces in almost the
same breath that male person. must
not live and cohabit with one of
the opposite sex if he already
has living and undivorced wife ?" What
conditions would the Court have to
recognize? Simply these, that Daynes
had abandoned his first and legal wife
and ceased to treat her as his wife, that
he might consort with another woman.
That is all that he would have to recog-
nlze. That the law has no remedies for
such wrongs is the fault of the Utah
Legislature, and not of any Judge. He
would recognize another thing, which is
that the general moral sense of the COM |
munity is so blunted that such things
have not been looked upon as greatly
wrong. All of which goes to show that
Utah is sadly in need of some funda-
mental and wholesome laws with regard
o marriage and morals. Will the Legis-
ature enact these much-needed laws, or
will they permit a barbaric state of things
o continue? The deplorable and dis
iisgraceful state of things here is the
esult of inaction on the part of the
Or hostility to any measure
hat might in the remotest degree tend
o suppress the practice of polygamy or
any way abridge the privileges of the
nembers of the church dominant is the
ause. 1t is to be hoped that the Presi-
ent will recommend to Congress the
nactment of such measures as will erad-
cate the evils under which the Territory
ow suffers, and introduce better and
lore wholesome moral condition Of
fairs. Whatever measures may come,
will be necessary to allow very con-
derable time in which to bring about a
'illing acqu!escence in the changed con-
ltlon of things. Amputatious may be
lade, but time alone can cure the wound.