Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-10-02
WHO Is TO BLAME? !?


The Herald this morning, in an article
mainly devoted to the Honorable James
w. Barclay, M. p, has this:
He (Mr. Barclay lis also interested in
Utah enterprises, and would undoubtedly be
more so were IL not for the unsettled condi-
tion of affairs here due to the unwise
course pursued by some of the Government
representatives who insist upon keeping the
community in n turmoil
This sentiment belongs to the Herald,
and must not be supposed to be that OF
the Hon. Mr.. Barclay. Mr.. Barclay may
deprecate the condition OF things here,
and wish it were far otherwise, but he
certainly cannot think that the enforce
ment of the law is wanton proceeding
whose sole purpose it is to create turmoil
in this community. As a member OF the
British Parliament, he is too familiar with
the maxim that Parliament is supreme"
to admit that any community has right
to violate laws with impunity, even when
those laws are broken on the ground Of n
claim to religious right. The community
is in turmoil, but who is to blame for it,
the officers who enforce the law and pun
ish law breakers, or those who break the
laws? In all civilized governments rest
ing upon law and order it is absolutely
necessary that the law be supreme over
all, and that its mandates be obeyed.
What is the theory in Utah with
regard to the supremacy of the
law? 1t is this, il we mistake not,
that the law is supreme after the Mormon
church, and that it is the right of Nor
mon to set the law at defiance il at any
time he conceives that the law is in con-
fict with what he thinks is his religious
right. That is the cause OF all OF Utah g
woes and the ills which are now upon her.
Who is to blame for such a condition of
things? Clearly those who insist upon
breaking the laws and claim immunity
from punishment for 50 doing Ii the
Mormon people have right to ignore
one law, others have the same right to
ignore other laws. If laws are to be
obeyed or disobeyed at the pleasure OF
then chaos will reign, and social disso-
luton and anarchy will supervene.
The first amendment to the Constitution
OF the United States was not adopted for
the introduction OF any such order of
things. If choice is to be
made in Utah between bus-
ness prosperity upon the condition
that people must be allowed to violate the
laws according to their own sweet wills,
and business depression consequent upon
the vindication OF the laws, we should
certainly say let the business depression
come. The people of Utah desire to
make lawlessness law and law lawless-
ness. 1t is truly said that the enforce
ment of the Edmunds Act keeps the
community in a continual turmoil. There
are two remedies which will prove efiica-
cious for the cure OF this turmoil,
If applied. First: Amend the Ed
munds Act by making the jurisdiction OF
the District Courts concurrent; abolish
the statute of limitations so that polyg-
amy and unlawful cohabitation shall
always be liable to punishment; make
the punishment for unlawful cohab-
itation co-extensive with that for
polygamy; create Supreme Court
separate and distinct from the trial
judges, and increase the number OF trial
judges so as to enforce the law simulta-
neously and effectively throughout the
Territory; give the United States Prose
cutting Attorney sufficient number oi
assistants to perform the work to be
done; and TO all these old and newly
created officers give salary sufficient to
command. the services OF men OF marked
and superior ability. 1t might also be
well to have contingent fund to be
drawn upon for extraordinary expenses.
We believe that the enactment OF the
measures above suggested would be suf-
ficient to suppress, in a comparatively
short time, polygamy and un-
lawful cohabitation-the causes Of
the continual turmoil in the
community. The other method
by which this endless turmoil can be
terminated is for the Government to
repeal all laws enacted for the suppression
OF polygamy and unlawful cohabitation,
and for Congress to suggest TO the States
an amendment TO the Constitution for
bidding the passage OF any law, either
by the General Government or by the
State or Territorial Governments, which
will in any way interfere with the prac-
tce OF polygamy and what is now termed
unlawful cohabitation. In the adoption
OF either of these methods will be found
Il solution OF the much vexed question OF
polygamy, and our wish is that every
journal throughout the Territory will urge
and advocate the adoption OF the one OF
the other, as may best suit them. Those
who are to blame for the present turmoil
are the law-breakers, il law is TO have
any force, and those law-breakers should
either be entirely suppressed in their
law-breaking, or they should be absolyed
from all liability for breaking the laws by
the repeal OF the laws which they violate
Let the turmoil cease.
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