The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-11-24

slider il necessary 70 make the sugges-
ton that men should not be punished
$50 long as they maintain with all their
wives but one. no other than the re-
,ation of protecting friends" But the
experience of Mr.. Curtis in the
Snow case revealed to him the
fact that the bitterness of our
Utah judges, prosecuting at
torneys and Juries is so great that .
man who proved by testimony unim-
peached that be had lived in that rela-
tionship alone, was convicted of unlaw
full cohabitation, and is now. contrary
to all rules of fairness. serving out his
sentence in the penitentiary.
Nor would one think it necessary TO
have it written as a law that men
should not be punished ''fof unlawful
cohebitation on account of any asSocia-
ton with the plural wives that is not
sexual, or on account of any recognition
or profession of the religious or moral
tie which the parties all believe TO be for
time and eternity" But here again, Mr..
Curtis experience warns him that even
that point must be guarded, or the
Utah courts, with their special defini-
ton of unlawful cohabitstion and their
refusal to draw any distinction between
carnai association of men and women
and that moral aud spiritual tie Of
which Mr.. Curtis speaks, will imprison
every man who falls into their power.
and yet who is guilty only OF acts of
kindness the most praiseworthy.
The justice OF Mr.. Curtis suggestion
to pass a law requiring the Supreme
Court of the nation to construe the
third section of the Edmunds act can
not be questioned. In justice to the
people affected by the law, who have
made every effort in their power to get
the question before the Court, this
should be done, that they may know
definitely what the law requires of them.
that they may not be left to the mercy
of prejudlced Federal Courts of this Ter
ritory, or the ever-changing whims OF
vicious prosecuting attorney.
The fifth suggestion of Mr.. Curtis is
doubtless intended to dismiss from
these prosecutions for polygamy and
unlawful cohabitation that vindictive
spirit so unworthy the court of Justice
yet which is ever present when these
cases are before the courts.
The special dispatch to the st. Louis
Globe Democrat in speaking of this plan
says, at is the compromise which the
Mormon Church desires to have &C
cepted." II may be that the Mormon
Church would desire that these points
that arise out Of this infamous
Edmunds law should be settled as
indicated by Mr.. Curtis, that some
little relief might be given to the
victims of as unhallowed a crusade
as ever disgraced the annals of the
Jurisprudence of any country; but
as for settling the Mormon prob
lem,- that belongs not TO the
courts of the United States, but to the |
moral and religious agencies abroad in |
the world; and no matter how persist
ent the civil power may be in thrusting |
the unwelcome presence of its agents
the courts-upon that domain which
belongs not to it. the courts will forever
find themselves bsffied and impotent
in solving that problem.
We see no evidence in the movements
OF the church authorities which would
lead us to believe that they seek any
compromise of this question. With
the Mormon people it is a matter of re
ligion. They believe that God has re-
vealed their marriage system, and it is
for them to sustain that law and make
it honorable among men, no matter
what suffering it may bring to
them; that they must endure un
til an overruling providence shall
come to their relief. They claim.
that neither they nor their lead
ers are responsible for the existence Of
the law: God revealed it, and they have
no power TO repeal it, or suspend its
operations until men become willing
that it shall have an existence again.
It will be seen that Mr.. Phil. Robin
son was right when he said that, Nor
nonism has taken up, in the phrase Of
diplomatic history, an attitude of OBJ
,ervation,' and their future is in the