The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-09-19
THE PROPER COURSE.

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sentence upon the Mormon polyg-
amists who have appeared before him
Perhaps it would be more correct to
say that he has been criticised for not
! showing severity in these cases. THE
HERALD cannot speak for the Judge
but we can say that so far his course
on the bench has been simply that of a
Judge who understands that laws are
to be administered without fear or
favor, and without respect to persons.
He has applied the law as judge
| in New York or Pennsylvania would
have done, without prejudice, and as Il
| the purpose were to make it perform
its mission. The Edmunds act fixed q
certain penalty to be applied to those
who are guilty of illegal cohabitation
that is to say, the law declared limits
both as to the fine and the imprison-
ment, beyond which the courts may not
go in imposing punishment. The
practice here has been to reach those
limits, without regard to the circum-
stances surrounding the case, and to
manifest chagrin that Congress
placed bounds on the cruelty of
the court. Because judges have
been in the habit of going as
far as the law would permit them to
go, and sorrowing that they could do
no more, is no evidence that the prac-
tice was right. A good many have held
the rule to be wrong. We all know it
has not worked well. While the pun
ishment may have been none too Sc
we're in some cases, it has been ex-
tremely harsh in others. We also
know that the effect has been to inspire
and cultivate feeling that the govern
ment was arrayed against the commu-
nifty, and bent on the physical and
financial Wrecking of the latter. People
have been made to feel, by the utter
ances and the severity from the bench,
that the nation was their enemy. OF
course the impression was erroneous,
but it was natural enough under the
circumstances. That the feeling ex-
listed furnishes excellent proof that the
law was not applied rightly and as it
was intended to be applied, for govern
ment does not make and enforce laws
for the purpose of conveying the i'm
preston that it has determined on the
destruction of local communities, nor
with the view to making people think
that it is their enemy.
We assume, from what he has done
that Judge Sanford came here with
the understanding that the laws
were to be applied as in other
parts OF the Republic; that
the guilty were to be punished
as their crimes merited and the statutes
provided that the innocent were to be
and that all were to be encour
aged to be good citizens, obedient to the
law and entertaining respect and love for
the government. Asa matter of course
he had knowledge of the ofense pecu-
liar to this community, and with which
he would be called upon to deal. Going
upon the bench the first offenders
brought before him were those who
had broken the law in reference to the
offence referred to. These men did not
stand there defantly, cursing the law
and proclaiming their intention to DO
as they had done, in spite of courts and
laws. They were there with pleas of
guilty, with confessions of the violation
Of the statutes on their lips, and in
their conduct, with an acknowledge
ment of the supremacy OF the law.
They occupied precisely the position
which the law wanted them to occupy
a position of admission of violation of
the law, and OF recognition of the
power and force and authority of the
law, and readiness to endure punish
ment. The law is not vindictive and
ought not to be applied vindic
lively. The time was when
these defendants, Notwithstanding
GAC1E WOulu AhH6 UGEu
fined and imprisoned to the extreme
limit permitted by the statute, and
they would HAYS gone forth feeling
that the government was their enemy,
and as such was without mercy; that it
did not desire them to be good and law.
abiding citizens, but wanted them to be
defiant and Iebellious, that it might be
harsh and severe in dealing with them
1t will be an entirely different feeling
which will be entertained by the m en-
who were sentenced by Judge Sand
ford. They will feel that having ack-
the supremacy of the law
and paid the penalty for their ofense,
the government has consideration for
them, as it has for other citizens, and
instead of waiting to antngonize them
is desirous that they will obey the
statutes and be a source of strength to
the nation.
Judge Sanford and those who now
censure him will soon see the beneficial