The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-02-13
MERCY WAS INTENDED.

Chief Justice Zane manifested little
Ieniency towards a couple of MormOns
who were convicted in his conrt the
other day-one of violating the first and
the other of breaking the third sections
of the Edmunds law. Hitherto His
Honor had shown no mercy in any of
these cases. He had been vindictlve
and spitefui. an. shown that his heart
was full of hate. The maximum sh
atty had been imposed with regularity
that became monotonous; the accused
in every instance knew as well before
the passing Of sentence as after, what
hisiot would be, and made his arrange
uents accordingly; it made no differ
ence whether the individual had put
the officers to trouble and the govern
ment to expense, or had done neither;
whether they had fought the
charge in court, or quietly gone
before the bench and pleaded guilty
the penalty was the same, being as Sc
we're as His Honor could make it,
Judge Zane having taken decided
departure in the cases OF two men SEN
fenced this week, the hope is expressed
that he has found some part OF his
hear, that is not bad, and that law tenn
pered with mercy rather than vindlc-
tiyehess embittered by hate will be oc-
casionaliy shown on the bench. Inc
Edraunds act does not contemplate Its
enforcement in a spirit of malevolence
and ill-win. The prevailing spirit OF
the law is one Of firmness and determlr'
alton that it shall be obeyed, but
also that it shall not be applied
in a disposition of persecution and
In a temper of viciousness. Mercy
is almost commanded in the
law, though Zane has seemingly
blinded his eyes TO the fact. The law
meant and virtually said, that while
Inere must DO no more poiygamy and
unlawful cohabitstion after its passage,
there should be no cruel disturbance of
existing relations; it contemplated the
ceAsing to live together of polygamous
men and women in the marital relation
but did not suggest the disruption OF
families, and the wholesale disaster and
distress which its vicious enforcement
has brought. II the intention had been
to break up families the children born
prior to January 1. 1883, would not
have been legitimated. Senators and
Representatives who were in Congress
when the bill was passed, have said that
The general understanding was that no
prosecution would be instituted when
the marriage occurred previous TO the
passage OF the bill, and cohabitation as
popularity understood, ceased with
polygamous wives when the law went
into effect; that the law was intended
as a general amnesty to all who obeyed
it in spirit; that where the unlawful
relations continued and children were
born, the man should be prosecuted
and the offspring declared illegitimate.
While it is clear enough that the law
was intended to mean that polygamy
should cease, or those who practiced it
be severely punished, it is equally clear
that it was the intention that it should
be spilled mercifully as to those per-
sons who had formed polygamous
relations. Wherein Judge Zane has
been severe in any of these cases, he has
not followed the spirit of the law, and
his sentences have therefore been cruel
and unjust, though they may have
been technically sustained by the law.
II His Honor has at last discovered
what the legislators who framed and
passed the law had in mind, and what
all fair-minded, unprejudiced persons
whose hearts are in the right place.
have seen all the time, we congratu-
late him, and IN behalf of the many who
were expecting to fall victims to what
they had reason to regard as his impla-
cable hate, must thank him.