The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-05-06
JUDGE POWERS CHARGE.
His Instructions to the New 0g-
den Grand Jury.

Judge Powers recent charge to the
new Grand Jury at Ogden was quite
lengthy, and we merely present a syn
opsis this morning. He says the grand
jury, in obedience 10 law, had been
drafted from the walks of life 10 assume
the grave public duties mentioned in
the oath they had taken. They we're
an arm of the court. but they were in
dependent in many respects of the
judge and officers Of the court, whose
public conduct, if supposed 70 be cor
upt, they must investigate and take
action thereon, with a view to improve
the public service. No public officer
unfit for the position should escape
their scrutiny On the one hand the
government required them 10 hold all
the guilty 10 answer, while on the other
hand the citizen was to be protected
IN his Just rights. Some other
matters might come TO their at
tlon to investigate. While they in
quired into one Ohense, another orense
Iuay be disclosed, such as a witness
having to be indicted for perjury. OF
some ofienses they may have personal
knowledge. Should attempts be made
10 corrupt the actions of a grand Juror,
he should promptly disclose il TO his
fellow jurors, who would act on his in
formation. His Honor instructed
them, first to attend 10 such matters as
the Court would call their attention TO
second, by the prosecuting attorney
and third, matters coming under their
own observation. They were to inquire
diligently into all cases of alles ed yio-
lations of the laws of the United
States. particularly those against po-
lygamy and unlawful cohab;tation.
This Territory had the uRenyiable rep
utation OF beng the only portion OF the
country wherein there was no law
against seduction. incest or adultery.
Those who preached polygamy and
practiced II were afraid that SUCH law
would reach them. But the United
States had passed law against polye-
amy and cohabitation. aud he 81 Sed
the assisia nce of the Grand Jury III ell
forcing il.
The Court grew eloquent in portray
ing the grand object Of the law to pro-
tect pure homogeneous marriage, and
to prevent the polygamist from Haunt
ing in the face of the vIrtuous Christian
world bigamous house, Cd under the
cloak of religion. He gave full defni-
ton of the offense--a man marrying
another woman while his lawful wife IS
living, or a lawful divorce has not been
obtained, or q mans wife has absentso
herself fo- five success. i've years. He
complained that in this Territory there
was no law 10 regulate marriages. no
form or ceremony of marriage given,
nor a record thereof kept, leaving mar
riage in the state IL was ut common law.
No witnesses we're needed To prove mar
rage. The proof OF marriage was COM
plete when the contracting parties with
full and free consent treated each other
as husband and wife. The jury could,
from this mode of life. and the holding
out" have sufficient 10 prove the fact %
marriage.
II a man Acknowledged one woman
as his legal wife. and did not cOhabit
with her but with another, he should
be indicted. The aim of the law was TO
protect homogeneous marriage. He
repeated the segregation doctrine of an
indictment for every day OF cohabita-
ton, but admitted that the Grand Jury
had large discretionary powers as 10
the number>of indictments they could
find, rs separate aud distinct 0fIenses
under The law. When a man com
menced the offence in one district and
continued ii IN another. he could be
tried in either. as If the whole had been
done in the one district.
He deity drew 4 picture OF the
American idea OF 3 Christian home,
with one father, one mother and a God
fearing family. Patriotism and love
of country spring from the love al
home. Sexual immortality, whether
under the cloak OF religion, or FOR the
love OF gain. equally tend TO sap The
foundations Of the model home. The
Grand Jury would therefore INQUIRE
into the existence of houses Of i'll fame.
and indict the keepers. the prostitutes
and the men who resOrted 10 them, and
let the hand OF the law descend heavily
upon them. The charge made by the
local press against our officers and jur-
ors. that they patronize such places. il
false. As a recent decision OF the Su--
preme Court OF the Territory had
shown that justices of the peace had no
jurisdiction in such cases, and that they
could only be reached through indict-
ment, ii becomes imperative on the
grand jury to investigate such cases.
They should send for police and other
city officers. and get all the information
they can and act upon il. Should the
officers choose 10 withhold such in
formation Or be dilatory in their duties
in the matter the blame would rest