The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-01-23
THE LAWS INTENT.

When the Edmunds bin was framed
and presented to Congress for action
the understanding was that its proyis-
ions should not be made to apply TO
past attractions of the anti-polygamy
law. The author of the bill, in private
conversations concerning the measure,
declared that it was not the purpose to
disrupt fsmIlies, by prosecuting old
offenders against the act to which this
was supplementary; other Senators and
REPRESENTATIVES also asserted that it
would be crue and result in
more harm I than good to prose
cute, worry and annoy those who
had polygamous families dependent
upon them for support. a sentiment
adverse to the prosecution of "old
cases" runs all through the law, and it
was emphasized in many of thespeeches
on the bill when it was on its passage.
The law goes so far in this direction
that it promises amnesty to offenders
guilty before the passage of this act"
and legitimates children born within a
certain time after the bill had become
law. The presumption all through was
that bygones should be bygenes, but
that thereafter, the government would
be earnest and vigorous in its efforts to
punish and suppress the practice OF
polygamy.
How are those employed to enforce
the law keeping the government faith
that is implied in the act? There have
been one or two prosecutions of those
who have Broken the law against polyg-
amp since the,pessage of the Edmunds
act, and, a dozen o.. more prosecutions
instituted against persons who were
polygamists before the existence of the
Edmunds law, but who were to receive
amnesty On certain conditions, and
who, it was tacitly at 1eastundersteod,
were to be unmolested- Either the newly
married are fewer in number than
the sensatisaaEsts would thaveYus be-
Iieye. or.else thesereoent breakers of the
law are to be favored by immunity from
punishment, #hfletbe Slderp lggamists
. who were to be protected from evil to
their families, are being made the
victims of the prosecutors. There is a
case in court now, which strickingly
illustrates how the Law is being made to
operate directly opposite to the way IN
which it was intended to operate. All
the testimony SO far introduced goes to
show that the defendant in the case
accepted the Edmunds Jaw literally as
well as in its spirit. The evidenoe-of the
prosecution. is that the eentleman's
relations With his wives since the pas
sage of the act have been confined L
providing houses for and supporting
them and their children. There seems
to be no evidence that he has violated
the law, unless it be violation of the
act to feed, clotte and provide for hi
wives end children, without sustainin!
any other relations with the former
Unless the prosecution can present bet
ter evidence than it has brought for
ward up to this time, it is clear that tn
defendant now under investigation i
one that the law did not contemplat
should be proceeded against.
We do not know that tn
,polygamists before 1882 care t
take advantage of any intent il
the law to escape thereponsibility 70
their acts; but merely call attention t
This matter to show that the Edmund
act is being applied differently from tn
meaning in which its Trainer and advo
Gates intended that it should be applied
1t might be alleged further and truth
fully, that whatever course may be pun
sued with reference to recent offender.
the prosecution of the older polygan
ists-of the men who seem to be tn
special object of the official anxiety an
effort at this time, can result only i
evil, from whatevef standpoint the prac
tice of polygamy may be viewed
No good can come from tn
breaking up of families, the finin
and falling Of husbands, and the depriy
alton of wives and children of their prc
tectors and support. If rumor may b
trusted, number of polygamous mer
whose offenSes were committed fror
ten to twenty-five years ago, and nc
later, have fed to avoid arrest and cor
Eiction, with the consequent severe per
allies W6nld it he right, would it b
in the interest of good morals or of SC
ciety for these men to cast off thei
wives to starve or..do worse, and tur
their children into the street withou
protection or means of support? An
yet this is what the course being pul