Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-29

administered and allowed to stahd.
Q. ;. VS.. 90, Packages, Il, How
Red Rock VS.. Henry. los. L. ;.
Ex Parte Cross Dog. 100, :. :.
Sc.
i Chew Heong vs.. United States
ll2, L. ), $50.
And certainly the same course o
Interpretation applies with equal /
not more force 70 the annulliug o.
laws. The law Of the Territory va:
before the Congress, ard how fnuct
easier :. would have been 10 aunul
Z TIE Territorial act by name, II il
had intended that, than to have LEFT
its annuiiiHg 20 judicial interpIeta.
ton by q sweeping clause tina.
reads more like the rounding up OF
I sentences in a stump speech than a
solemn act Of the highest legislature
OF the nation. This Law OF inherit
ance us before Congress. and il
the meaning i to he given 10 these
| general words claimed, il clearly at
dictated its functions ami left 10 the
courts 10 make and annul laws by
Judicial Interpretation. Ituannu. De
supposed Congress intended any
such thing. Courts are ike man
and sometimes not overwhelmed
with wisdom. and it would be, IL
such a thing can be supposed, a
I most dangerous exercise OF legisla-
tive authority 70 frame laws 80 a. to
leave 10 judicial Interpretation their
I enlargement and annulling. Where
( the law would begin and when it
would end, would be left 20 C0niec-
ture and uncertainty. The law Is
uncertain enough interpreted a. isst
Z IL may be 10y The courts, and II the
Interpretation cOntended for was
given. conjecture and uncertainty
would be vastly increased. Ii is a.
Z ways 10 lie presumed that the legis-
Z laIure. when il eutertsins am iuteE-
| lion. viii express il, and that in
clear and explicit terms. Potter
Devaris 2l9.)
II this Territorial law j. aunulled
a right is taken away and all such
laws are in the nature OF a penalty
and are strict laws, and are not Ia
be extended by intendment-
Another course OF construction in
such statute j. that where general
words follow the enumeration Of
particular cases, such general WON'T
are held to apply 10 eases OF the
same kind as particularly mentioned.
For example, an act Of Parliament
provided whoever stole sheep or
other cattle should he deprived Of
the benefit Of Cleryy-and the
courts held that other cattle only
meant sheep" Potter Devaris,
page 80 10 .-y.
Tine words o! the acts OF Congress
that il Is clIimei aluul the act o!
the Utah legislature, and which I
establish, support, maintain, shield Z
or Coun;euauCe pOlyg " etc. AZ |
forwards there are wOr,i- Of eXpilua-
ton, hut w0ul.s Il explanation cannot I
enlarge the meaning Uf the words I
they are intended 10 explain. These l
w1uis are 10 lie interpreted accord. |
ing 10 their common or ordinary
meaning.
Allowing :ileeitimalc children
to Inherit from their fathers doe 1
not establish p0lygamy, does not
support II; does not maintain it: does
NOS ..,rriu Il: does not c1uuteuaRce
il. For il is consistent with the
seyerest punishment Of POiEEamy
and is entire overthrow that ill,-
Ultimate children should inherit.
from their fathers.
Therefore I do not think IL repeats |
or annuls the act Of the Territorial 1
legislature giving 10 il"gitimate
children the right 90 inherit I AM
strengthened IN this 0uiuiOn Is the
act Cf Congress 60 ihS2 called the
iimGuds Act. Section : @; that {
act shows jhatit was net the inten-
lion OF Congress u disiuheTit poly
-smggs children. for il says all poly
gsmgus children born before the
first day Of January, ls>'. shall he
legitimate, making IL clear that in
the mind az Congress, nothing /
9v-S intended hy the act Of lsi2 TO
s.-iuherit u1lvgamuus children. Z
lh" act Of TIE Legislature NJ Utah !
,r-S nothing about pulygamOu- |
.hiidreH; it only saws iiiegitimate
g,ila.el. But the act Il Congress
,c,- further and says poly
-3mSus Chil!rtu shall nc leg
img.e. IT. therefore, tle te:-
-i.lIi8i law, hy inference, encpur-
.geI ami cJuHtruaucsd POlygomy,
much more lid the law Of Congress
and that idea cannot bc enter
alGel for one moment.
Again. tie acl Of 'orgCess OF So,
n the nth section, provides that no
Legitimate chiilren shall hereafter
Inherit f.H.u their parents, aud an
gUis al laws NJ the territory in ref
renee thereto. bat continues the
Iower to inherit o. 9ii children born
within twelve months after the pas
age gf this act: 50 that T. allowing
Legitimate children to inherit from
heir .ataer- encourages VOlygaMy, !
luuErgss J. guilty Of fostering that
Institution. FOrthe period Of gegia-
Jon Is nine months: that leaves 4
hree months for men 20 begct He
climate children, anu encourages |
loiyg1my for that length Of time.
But does. in the nature Of things.
he remission Of Legitimate chill /
lTeu 90 inherit II their fathers eE-
'OuT1ge or cOunten3nce pOlygamy?
e So, how: 1t would certainly in
'reIse ths hostility Of the lawful
wife 70 !oiyglmy and the opposition ,
II her children. for il would les en- ,
.ne!r Inheritance; and II would not ,
Increase tire mans passions. or his
Owe o. lechery and dissolutCncss. 1t
lLiy takes from the iilvgirimate
he stain 0fhastauly, and places it on
/, plane where It will not bc au ont
'I-t without recognized relationship
,r family.
Looking over these statutes and
remembering the condition Of things
Ia tine Territory OF Utah at that time.
am forced 10 the opinion that the
lgt ui Congress Of lsb2 did not an
lul the act OF the leisi-l lure Of
Utah of 1852, allowing illegitimats
children % inherit. II certainly did
not in terms, and cannot he made
- only by an Interpretation that !
mounts 10 Judicial legislation.
Why should Congress leave to the ]
courts 30 hunt nut the laws OF the
Territory il intended to annul.
5 hen the laws Of the Territory were
before il: Whose duty was II TO
1oiut out the laws that maintain
,nu encourage pOlygamy: The
Congress or the courts II Con
5res- pointed them cut, the qu, stion
ga- definitely settled. II left o. the
'puri-, uncertainty would arise. md
differences O! interp won q
occur, and the admins
ration ui the law would bs rrnd- I
red uncertain. These REMARKS on
: show that II could not have been ;
hc intention OF the Congress to
cave 10 judicial acumeu the finding !
4 those laws 81 the Territory that
night be thought b maintain ami
ass.. II