The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-06-08
WHAT cas- $50 ASKED E.
snd not to individuals.

legislation can be successfully met i
the minds of honest and intelligent pee
pie by the simple assertion that 10 nior
laws are needed. This declaration ]
true and unans werabie. 1T is assumed
that the criminal laws are enacted 10
the punishment of those. who violat
them-those who commit crime; anS
for the protection OF the innocent ans
Iaw-abiding. The laws AGAINST horse
stealing are Intend to punish thos,
who steal horses, and indirectly to pro
tect the owners of horses against
thieves. Nobody would think of ap
plying a law again burglary or bank
robbery for the punishment Of a man
who stole a horse. When the Law
against horse stealing has been applied
to the horse thieves, it has performed
its mission, and fulfilled the purpose OF
its enactment. And so with all others
OF our criminal statutes. There is not a
Law IN the books which undertakes to
say that it shall not be violated. II
would be ridiculous for a legis-
lature TO declare that an en-
actment must not be disregarded.
and expect its injunction to be
obeyed. II our law-making bodies
could do this, there would be no occa
.sion for the executive or judic al
branches of government, as Congress
and Legislatures would simply say
what must be done and it would b..
done. The laws do not undertake to
say that they shall not be violated, but
do say that their violators shall. upon
conviction. be pu ished. Congress
has declared polygamy and CO
habitation with more than one woman,
offenses punishable by fine and i'm
prisonment, but Congress does not say
that men shall not practice polygamy
and unlawful cohabitation. Congress
has indicated the penalties for defying
the law, and no. one will undertake to
deny that those penalties are being ap-
piled. They are being applied and en-
forced with degre of certainty that is
found in the administration of no other
law, Justice may sometimes fail in
these cases, but the law never misses
arrest is equivalent 70 conviction. and
suspicion is almost certain to be fol-
lowed by arrest. IN four cases out of
five witnesses are not necessary to
secure conviction, as the accused con-
fess their guilt and accept the respon-
.;h;I;tu opl oorcaouaaoae
In the light of the manner In which
the Law against polygamy and unlaw-
full cohabitation has been and is being
enforced, the appeal for more
anti Mormon legislation is based
upon a desire which extends be-
yond the purpose to punish for
the practice of polygsmy. Further
legislation against the Mormens means
more than punishment for offeuses
committed, unless it is contemplated to
make belief In the religion of the Saints
acrime; and as this latter cannot pos
sibly &c the case, upon what ground
can a request for more legislation be
based7 If the snti-polygamy Law could
not be enforced; if those guilty OF the
Offense could not be punished; if the
guilty were not suffering the penalties
provided for violations of the law, then
there would be some reason, some jus
tifcation for asking more law and in
creased power TO apply il; but as the
act is being enforced as no other Law
ever has been; as the guilty are being
punished as the law provides, suffering
the penalties in all their fullness and
rigOr, there can be no honest appeal for
further legislation: If more be asked it
IS because the motive is a wicked one,
and if more shall be granted it Will be
because Congress does not understand
how the present laws are being applied.
On this matter the New York Times.
in its issue of last Tuesday, has an
able editorial. Eeating the proposition
for further legislation in clear and
honest manner. The article was called
forth by the action of the House Judi
ciary committee in agreeing TO report
amendments 10 the Edmunds bill and
report the bill for passage. The Times
editorial treats The matter so inteIli-
gently that We quote it in full:
The crime which the government Is
trying TO suppress in Utah is polygamy.
and not belief in the doctrines of me
Mormon Church IL is OF even a he
lief that pOlygamy should be practiced.
In the wOrk OF SuppresSing this crime
and punishing those who have
violated the law government has
certainly made satisfactory pro
eress. u has DISTINGUISHED all
who practice polyg4my. 1t has ex
Guided from juTies al who believe that
it is right "a practice poiygamy. IL has
brought before lHries of persons opposed