Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-24
A THUNDERBoLT.


told the Grand Jury, in answer to ques-
ton by that body, that they could bring
one OF more indictments against man
ior unlawful cohabitation where the evi-
dence was sufficient to warrant the con-
clusion that such man had at divers
times broken the law against unlawful
cohabitation, the decision fell like a
thunderbolt among those who were liable
to such indictments. The first to feel the
effect of this decision is Fl. S. Gowans, OF
Tooele Against him have been found
three indictments under which he was
arrAigned yesterday, and to which he
pleaded not guilty. The fact oil these
three indictments having been found
against one man for a continuing crime
seems to have thrown CONSERVATION and
And very Justly may it do 80. Why ?
Because under that construction OF the
law, and we believe that it is very gener-
ally accepted as correct by the members
OF the bar, continuing to live in unlawful
cohabtation may be punished indefin-
iteiy. The rationale of it is that .
continuation Of the crime is con-
tinual repetition OF the crime,
and each repetition may be pun
ished the same as the initiatory crime.
This may seem harsh TO certain extent,
but is such doctrine any more harsh in
one class OF crimes than in another? To
those who persist in their practice of un-
lawful cohabitation there stares them in
the face three incontrovertable facts,
which are: First, Continual flight from
the officers of the law; Second, Continual
punishment by the law; or, Third, Con-
tinual obedience TO the law. These three
alternatives are presented to those who are
in the predicament OF Mr.. Gowans. The
desire OF every law-abiding citizen and
well:wisher OF mankind is that they may
render continual obedience 10 the law
Under no circumstances is it a pleasant
sight to see any man immured in prison,
no matter what his crime may have been
nor under what belief or conviction il
may have been committed. Neither is il
pleasant sight TO see men persistently
defying the laws, although those same
men may fully believe that they have q
right to violate and defy them because
they are in conflict with their ideas as to
their religious Or other rights. A religi-
Gus right is no more sacred than any
other right, nor is religious infringe
ment OF the law any moro to be excused
than any other infringement Of the law.
The respect and consideration which
are paid to the convictions oil consciences
in matters OF religious rights are entirely
different from the rights themselves.
Rights of all kinds are independent OF the
consideration Or disrespect in which they
are held; and the tenacity and zeal in
which a man may claim right are
things entirely different from his title
thereto.
The endeavors of the officers OF the
Law to suppress polygamy and unlawful
cohabitation is one question, but aside
from that immediate one there
is this other question, To whom be-
longs the right, in Utah, to say what
shall be and what shall not be legal
marriage and when crime in relation
thereto has been committed, to the United
States or to the Mormon church? II the
Mormon church has right to declare a
marriage system and define the status
thereof, it also has the right to say upon
what grounds divorces may be granted.
Ii the Mormon church has this right in
Utah under The Constitution, it has il
in every Territory and State, not
withstanding the autonomy of the
States. When this pretension is
carried to its logical conclusion
it will be seen that the Mormon church
has all rights and the United States none.
The pretension is too absurd and prepos.
ferrous to be entertained for single mo.
ment, and the Government will not allow
it for a moment. Ii various members oi
the Mormon church persist in their claim
TO this right and continue to violate the
laws against polygamy and unlawful Co
habitation. the suffering and imprison.
ment which they may have to endure
they will bring upon themselves.
Would it not be well for the people OF
Utah TO pause for short while in their
mad career Of lawlessness and look upon
and think about the situation here as il
is. Blind fanaticism and burning frenzy
seem TO be their only guides. That
men in the feryor Of religious zeal get
into such frame OF mind as that
justindicated as that OF the people of Utah,
we know, but how they do it We have
never been able TO comprehend. 1t is
nothing new, but on the contrary is very
old but every time il comes it presents
the same difficulties. The people OF Utah
have the power within themselves to
correct the present deplorable condition
OF things, and they should use their
power For them to expect that, the
law is going TO yield to them is foolish
ness in the extreme, and the sooner they
recognize the fact the better il will be for
them. They should also recognize an-
other important fact-the Government is
determined 10 suppress their unlawful
practices at all hazards, and that any
supplementary legislation that may be
needed 10 accomplish this end will be
enacted by Congress. Now, what dc
they propose to do To the eye OF reason
il looks as though they themselves would