Sacramento daily record-union., 1888-11-15
ANOTHER BLOW AT THE MORMON
QUESTION,

blow from the judiciary that makes de-
cided breach in their defenses. They have
contended that the statute of 1882, com
monty known as the Edmunds Act, which
makes If a crime to cohabit with more
than one woman; permits man to leave
his lawful wife, marry with another
according to the doctrine of the Mormon
Church, and escape the statute against un-
lawful cohabitation, since he will thus be
living with but one woman. In such
case Joseph Clark was convicted, and ON
motion for new trial based on alleged
error in the charge to the jury, the First
Judicial District Court holds against the
motion. Clark married his wife Sarah
thirty-nine years ago, both then being
single persons. In 1858 he married
Hannah, a second wife, and in 1868, Fran
ces, a third wife. Three years ago Clark
abandoned his only lawful wife Sarah, and
has ever since refused 20 live with her, but
has lived continuously with Frances. Tie
defendant contended that as he lived only
with her he could not be held to be guilty
under the Act referred to.
Such view of the case, says Judge
Judd, would defeat the whole purpose and
scope of the Act of Congress lie recites
the entire history of Congressional legisla-
ton for Utah, to show that the intention
of Congress is TO punish the man who
leaves lawful wife and lives with any
other woman, no matter if he has marital
relations with her only, and no matter
behind what religious defense he puts him
self. While it is literally true that Clark
lived with but one woman, he was doing
defiance to the law, the intent of which is
to punish the man who cohabits with other
than his lawful wife. 1t was living and
cohabiting with "plural wives" that Con-
gress intended to prohibit; so, too, it in
tended to recognize but one marriage.
This is shown by the fact that the Act
legitimatized all children born of plural
wives up to January 1st, leaving all other
children of plural wives unfortunate bas-
tards. 1t was not the intention,
therefore, that man should es-
cape the law by leaving his one
lawful vile and living with bat one other
woman. If the law makers intended
otherwise they would not have declared
the children Of plural wives to be bastards
When it provided that it should be unlaw-
full for man to live with but one wife it
meant the wife the "Act" recognized as
lawfully married to him. Any other view
of the law would simply legalize polyg-
amy and a man could abandon, one after
the other, number of wives and live with
but one other at time after each aban-
donment, and thus continue practically in
polygamy despite the law. The Court
says:
The long and the short of the whole business
IS, that Congress intended that man should
have in the Territory of Utah but one wife; that
he should live with that wife or nobody; that
he should not live and cohabit with a plural or
bigamous wife and beget bastard children; that
this bigamous and polygamous business should
stop; aod 1t was not dreamed OF by Congress
or by any man who voted for the law, or by the
AlSSAuSub WHO dpPIONou III, IlGI Such
structlon could be for a moment tolerated as is
contended for here. The results that would be
produced, all other questions aside would ebso
iutely forbid any such construction.
Of course the case will 90 to the Su-
preme Court of the Territory and thence
to the Supreme Court of the United States.
but it is unthinkable that any other con-
struction will be given to the law than
that held by Judge Judd The decision,
If sustained, will prove blow to Mormon
ism from which it will not be able to re-
cover, for Congress will never repeal the
law. Any attempt to do so will be met by
command of the people that no Congress
will venture to disobey. On the contrary,
1t is more likely that the National Ieeis
lature will clear away all doubt concern
ing the language of the law by supple
menting it with another Act declaring it
to be crime to live with any other woman
than ones lawful wife. The meshes of
justice are gradually entangling the Nor
mon shame and crushing out its remain
ing vitality.