The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1885-11-12
THE COMMISSIONS REPORT.

The New York Times comments edi
torially on the report of the Utah Com
mission as recently published in thes'
columns, and as is customary with tina
great journal, it treats the matter no
only intelligently, but in a spirit o
fairness. After recapitulating the
showing made by the Commission as tc
What had been achieved By the Ed
munds law in the way of convictions
in eliminating from the registration
list the names of pOlygamists, and Sc
en-, the 7fues says:
go ne days sgo we referred to the fact
that nearly all of the prosecutions have
BEEN carried on under the third section
of the act. which provides punishment,
not for pOlygamy or plural marriage,
but for plural cOhabitation. which Is
made a misdemeanor. The MormOnS
assert that the Federal Courts have re-
fused to enforce this section against
Gentiles who were guilty by their own
confession. According to the tel
egraphed abstract OF the report.
the Commissioners reply that 1.-THE
law was not directed againstindiVldual
laSciy1ous practices but against the
assault by the Mormon Church upon
the monogamIc system" This will not
do. The law is plain. It specifies a
crime and provides punishment for
any male person. who commits it.
This law should be enforced against AL
who violate it in Utah, whether they
be MOrmOns or Gentiles.
This is the position that TIE HERALD
the Boston Advertiser. the New York
Bcsning Post, the Philadelphia american
and every fair-minded Dswsp aper in the
country has held. and it is the only
position that can be maintained. ANY
other makes the law an enactment
against a religion in that it discrimin-
ates between members and non-mem
bers of church guilty of the same
offense. Would Judge Zane, who is the
author and hero Of the theory that a
non Mormon cannot be guilty of IN
lawful cohabitation, no matter how
many women he may live with contem-
porsneOusly, presume to say that a
Gentle could not commit bigamy or
polygamyT And yet to so hold would
be no moro inconsistent than
his rulings that in order to
be guilty Of unlawful cohabitation
under the Edmunds act, a man must
FIRST marry more than one woman. and |
then hold them out as wives. It is this |
too apparent prejudice against the !
Aormons that gives them the right 10
cosnplain that the law is an enaetment
against a religious belief and practice,
and not n statute IN the interest of
morality. So long IS the Federal
Judges continue to turn loose without
punishment Gentles guilty OF actual
unlawful cohabitation, and to send
Hornons TO the Penitentisry who are
guilty OF no e5hsbitstion in the sekua.
sense. the Mormon5 will have
meriaoHs cause for righteous con-
plant. and appropriated people every
where Tili justify them in tae.r appead
for equal and exscb justice.
Further Commenting on the report
the Tiacs continues:
The Commissioners recommend that
punishment for this crime snail be
made more severe; that no person /
shall De SLOWED TO make location or /
settlement on the pI9ilic lands who re-
fuses 20 make oath that he il not q I
pOiyga mist In practice and that be sill I
obey the laws; and that laws snail be
enacted TO exclude from this country
immigrants who claim that their re-
ligiOn teaches and justifies the crime of
polyEamy-" They are not ready tc
recommend that the government OF
Utan shall be vested IN q legislative
commission, although they are con
WINGED that in some way the power of
the pOiygSmistS shOuid be decreased
and that CT the national Governments
in the Territory.
UndoE btedly existing laws should be
amended so 81 to require all marriages
70 be matters of record. in order that
the facts may 3e easily obtained at AL
times BY the officers of Justice. such
an amendment, added 70 the jury laws
DOW in force. would enable the courts
% prosecute polygamists to conviction
under the firstsection of the Edmunds
oct as welias u1Ger the third. but after
such convictions shall have been maCe
NCo1ALAC Al al la1rcr 4Llt4 .A1LICA4
ian the national government properly
GOT Ought the government TO punish
, citizen for entertaining 8 certain be-
ief when he does cot violate any law
BY putting that belief into practice
should immigrants be excluded at our
ports simply because they believe that
polygamy IS not crime, although they !
ne nonogamssts in practice and hare
lgoken no law
Instead Of asking fhow much farther
al the national government properly {
o 7" there should be an emphatic dec-
arstion that the government can prop
Fly go 70 farther, When government 7
Undertakes By . Law to punish & n,aa !
y bic belief, let hat bslIef be as silly