Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-11-12

e by decided ability, untiring zeal and unpl
y cedented success. Since the present pro:
cutting attorney, whose appointment t.
years ago was made upon the earnest reque
a. OF the Commission, was installed in
office, eighty-three indictments have be-
found for polygamy and unlawful cohabit
ton, there have been twenty-three convi
lions and forty-three cases are now awaitii
trial. A large proportion of this class
.. cases is in the court presided over by Il
Chief Justice of the Territory, at Salt Lal
City. The civil docket of this court is We
large. but polygamy cases have been give
precedence over all others. The great il
crease of business brought to this court
the active prosecution of offenders under Il
Edmunds Act has made it necessary that tt
IL appointment of
AN ADDITIONAL JUDGE IN THAT TERRITORY
Should be authorized by Congress. 1t
unfortunate at this time that the remunel
alton for such services as have been rendere
f during the past two years is so small tina
9 the Prosecuting Attorney and his assistan
E have found it necessary, considering thei
personal interests, to tender their resigna
, tlons The very best talent, coupled wit
, the utmost integrity of character, is essen
, tial for success in this service, and these ar
,
ent lncumbents. The loss of these efficien
officers is much regretted by every citizen o.
| Utah, regardless of party affiliations, who de
sires that the Territory may be relieved o.
polygamy.
THE DEFENDERS OF PoLYGAMY IN UTAH
Lay much stress upon the fact that the pros
ecutions under the Edmunds act are direct
ed solely against those who maintain the
polygamous relations. They charge that
alleged sexual derelictions by people who dc
not belong to the Mormon church are not
investigated and punished under the Ed
mundS law, and that therefore the execution
of the law is partial. But this is an error.
The law was not directed at individual las
ciyious practices, but against the assault
made by the Mormon church upon
THE MOST CHERISHED INSTITUTION OF OUR CIV
ILIzATIoN-
! The monogamic system. The laws for the
| suppression of polygamy were chiefly in
spired by the apprehension that if this prac-
tice should even be tolerated anywhere in
| the United States, it might one day become
serious menace to the institution of monog-
amy, which the world has come to consider
the most potential factor for the advance
ment of civilization everywhere. It was
against this danger that the law was aimed,
and accordingly the courts have held that
the living with two OF more undivorced wives
| at the same time In marital relationship, and
holding them out to the world as such, con-
stltutes that kind of cohabitation which is
by its very nature an attack upon the mono
gamlc systematic sacred family association
which is the chief pride and strength of our
social fabric-and to do this is the very
offense for which the law provides punish
ment. But in dealing with this class of of
tenders
THE COURTS OF UTAH HAVE BEEN MERCIFUL.
The uniform rule has been to give all per-
sons thus arraigned the opportunity of a full
remuneration, and solemn promise to re
fraln henceforth from the practice to avoid
the imprisonment part of the penalty for
such offense.
In this connection it may be properly said
that there is no local statute in Utah against
adulterous or lascivious practices, and there
sponsibillty for this is altogether with the
Mormons themselves, as such legislation in |
all the Territories is always left by Congress
to the Legislatures.
By the provisions of the Ninth Section of |
the act OF 1852, under which this Commits
sion was organized, authority is given to the |
Legislative Assembly of Utah, ''at OF after
the first meeting" thereof, to make such
laws comfortable to the Organic Act of said
Territory and not inconsistent with other
laws of the United States as it shall deem
proper concerning the filling of the offices
In said Territory declared vacant by this
act. The first session of the Legislative
Assembly held thereafter was in January,
1854. 1t was composed of members in both
branches chosen entirely by the Church
agencies. A bill was passed through both
Houses, which failed to receive the approval
at the Governor, because, in his opinion, it
DID NOT MEET THE REQUIREMENTS OF THE ACT,
And, as the Executive of that Territory has
an absolute veto, it failed to become law.
Ihe next meeting will occur in January, and
another opportunity will then be presented
% the Legislative Assembly to conform the
avs OF the Territory to the Federal laws in
he respect mentioned. 1t will, indeed, be a
most gratifying consummation if this could
De well and faithfully done; but, Judging the |
uture by the pastsaction of the Legislature
ND remembering that, with single excep-
ION, all its members were chosen as before.
mere can be little hope or expectation that
safe and satisfactory result will be reached !
nfough Its enactments at the coming ses- {
ION. Not the least of the obstacles the l
overnment has to encounter in ENFORCING
er laws against polygamy, in spite of the S
lost efficient and sincere efforts of all the 7
uthorltles charged with its extirpation, is O
ne fact that the legislative power of the h
errltory in all its force and strength is \
rrayed against the desires of the people h
no OF the government in this respect, and s
'om this power g. g.
HELPFUL LEGISLATION CAN BE EXPECTED. a
Though it is supported by the National Ct
reasury. therefore we consider it our 81
lty to urge upon Congress the earliest pos
Die attention to the subject of additional 81
gislation.
we invite attention to the suggestions OF
ade in our reports of October 30, 1883. and A
pr!i -, 1854, which were substantially en- al
'dled IN Senate bill 1888, reported from the as
dietary committee of the Senate and OF
lssed by that honorable body during the I'll
st Congress, but which failed to pass the
ouse OF Representatives. We also call at TT
ntlon to certain additional recommended A,
ms made by US In our report of November
1854, winch have not yet received the at I'll
ltlon of Congress. For convenience of A.
ference we present the following summary en-
the su
,,,o,,, a s
sDAiioNs I'M
ade IN the reports of the Commission up to de
is date, October: " W GU
!. Inc enactment of marriage law. un
!. Making the first or legal Wife com tn,
5ent witness in prosecutions for polyg- CHI
". col
!. restoring to the first OF legal wife the eq'
Mt OF dover, as at common law, or other VIII
crest IN the real estate, as provided in the
tutes of many of the States.
/. PROVIDING for a fund, to be furnished Sat
the department of Justice, to the proper NV
al authorities in the Territory. H.
Inc comforting upon the United States 'iO
concurrent jurisdiction with l
justices of the Peace in civil and Ho
ninal matters '''1 OTTO
Inc appointment of the Territorial like
iltor and Treasurer Commissioners To In,
tie university lands. of the Probate La