The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-05-16
THE STATUTE TO BLAME.

TIE STATUTE 10 BLAME.
The vagueness of section of the Ed
munds act is responsible for most of the
misery that has been brought upon the
people Of this Territory by the applica
ton OF the law. That section also stand.
in the way of any adjustment that
otherwise might be brought about, OF
the trouble which exists. The section
declares THAT if any male person
hereafter cohab.ts with more than
one woman, he shall be deemed guilty
of a misdemeanor. and on conviction
thereof shall be punished" etc. The
vagueness comes in in the failure TO
say of what cohabitation with more
than one woman consists. When the
law went into effect, many intelligent
polygamists did what they thought
would put them in perfect compliance
with the act; naturally, they regarded
Capitalization" as it had been regarded
since the word was formed-as meaning
what 1t had always been locke uron
as meaning; with this. idea in their
minds, and with the view to the avoid
ance OF trouble for themselves and fam
lilies, they ceased to cohabit with more
than one woman. 1t was soon discoy-
cred that this actual separation from
their wives, this discontinuance of the
intimate relation and association OF
husband and wife, was not a con-
formity to the law; that it was
not a cessation of rehabilitation
in the eyes of the Judges.
and therefore did not relieve the polyg-
amists from the liability to the punish
ment prescribed in the statute. We
know that in many instances there was
an honest and earnest effort to conform |
to the law, but the effort failed because |
theindividuals did not know howto obey |
the law if actual separation from their |
wives were not such obedience. Men |
have been sent to the Pententiary who |
honestly and intelligeRtly> qied to live |
up to the requirements of <he statute;
other men who are doing their best to |
keep the law are expecting arrest daily,
and many who are living in perfect
accord with the reasonable interpreta-
ton Of the act are hiding from the |
officers to avoid Imprisonment TO which |
they would be subjected if they were
to permit the court to lay hands on
them. 1t may be argued that we must |
look to the courts for the correct inter |
probation Of the laws, and abide by the |
explanations of the judges; ordinarily
this rule is the one to be followed, but |
it cannot be observed in the interpreta-
tons put upon the term unlawful CO.
No two of the Fedora,
judges have given the same expiana-
ton of the meaning of the law, and no
one of the judges has followed his own
through successive cases.
Their Honors have had new and differ
emit interpretations for new cases, every
time coming up with a ruling to fl. so
that the man who last month was
living IN compliance with the then
prevailing judicial idea, Ethi, month
would be guilty of a ihisdemeanor.
To keep within the law. and escape con-
viction and imprisonment, the man who
had been the husband Of more than one
wife at the same time, would find il
necessary to consult the Judge of his
district and the District Attorney every
morning. and conform his conduct to
their changes of opinion and temper.
Again, the guilt or innocence of man
Of unlawful cohabitation depends
argely upon his department In other
respects. For. instance, the conduct of /,
IN individual with his wives NAV be
satisfactory to the District At
orney (which is equivalent to saving il
5 satisfactory to the Judge, aIso) until
hat man is discovered helping n friend
'ut of tie way OF the officers. when it
transpires that his previously Z,
awful course was simply "unlaw. ,
III cohabitation," meriting eighteen ,
months imprisonment and $500 fne.
II the law had said of what the of. ,
ense Of Unlawful Capitalization musr ,
onsist, We believe there would have ,
zen a very general compliance with :
ne statute; if Congress were now To 4,
ehne the meaning of unlawful cohabi-
a'ion. we believe there would follow a \
cry general conformity to the law I
'ut there can be no compliance, no z
when to comply or con- A
orm Is impossible; there can be no h