The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1885-12-18
poLYGAMY DOOMED.
The supaeme Court DEGREES on "cohab." and
Cleveland Squelches Caine.

WASHINGTON, Dec. 14.-Delegate John
T. Game, of Utah, has presented to the
President denial of the charges of threat
ened instruction against the United States
authorities, and made short statement of
what the church regards as the truth of the
matter. The President replied to him
BRIEFLY AND VIGOROUSLY,
as his manner is, and denied one Of his re-
quests In such . manner as TO start the rumor
that an alteration had taken place, and that
he had refused to listen to explanations or
excuses from the Mormon side of the affair.
Mr.. Caine went on preparing his papers next
day, and last evening submitted seriatim
denials of the stories Of the uprising tele-
eraphed East since Saturday night. He
proposes to Furnish other matter as rapidly
as 1t can be sent to him, and will make as
vigorous q fight As possible to uphold the
topping power of the church.
THE SUPREME COURT
to-day affirmed the judgment of the Supreme
Court of Utah in the case of Angus NJ. Can
non, plaintiff in error, against the United
States. Cannon was indicted under the
Edmunds act for unlawful cohabitation with
more than one woman. The defendant OBJ
Jected to the giving OF any evidence, on the
ground that the indictment did not allege
that he was q male person, nor that the CO.
babitation was with the women rs wives.
The objection was overruled and verdict of
guilty returned, aud the defendant sentenced
to pay a fine of $500 and to be imprisoned
for six months, and TO be further imprisoned
till the payment of the fine. Justice Miller
dissented from the opinion of the court.
CONTAMINATION DEFINED"
The principal question was as to the
proper construction of Section depending
on the meaning Of the word "cohablt" as
void in 1t, and Judge Blatchford, in his opin'
ion, says: "The court properly charged the
jury that the defendant was to be found
guilty If 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 1t
was not necessary 1t should be shown that
two women, or either Of them, occupied the
same bed, or slept in the same room, or that
| he had sexual intercourse with them. 1t is
the practice Of unlawful cohabitation with
more than one woman that Is aimed at "A
cohabitation classed with polygamy and
having its outward semblance. It Is not on
the one hand, meretricious or unmarital in
tercourse with more than one woman If the
general legislation as TO lewd practices is
left to the Territorial Government. Nor, on
the other hand, does the statute pry into the
| intimacies Of the marriage relation, but 1t
seeks not only to
PUNISH BIGAMY AND PoLYGAMY
when direct proof Of the existence of these
relations can be made, but 10 prevent man
from Haunting In the face Of the world the
ostentation aud opportunities Of q bigamous
household, with all outward appearance of
the continuance Of the same relations which
existed before the act was passed aud with
out reference TO what may occur IN the pri-
vacy of those relations. And, again In the
spirit Of It's Interpretation, a man who co
habits with more than one woman. In sec.
tions 3, 8 and 8 of the act, when holding out
to the world two women As his wives, by
language or conduct, 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
has sexual intercourse with 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 ca, all in
the same house with himself, and regularly
eats at the table of each and acts as the head
| of the two families.