Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-02
ONCE 1 POLFGAHIST NOT
ALWAYS 4 P0LYGAHIST.

NAA tAANi4bt5 tAaAi4eL VI lADh u INC
right to be registered and to vote. on
the ground that he was once a poly
gamist. Also that they are liable
under the laws Of Congress and Of
the Territory Of Utah 70 criminal
prosecution and q suit for damages
If they do so.
"Once a polygamis! always q
polygamist, - Is untrue in fact and
in law. The Supreme Court Of the
United States has ruled on this
question and decided that the Us.
sumption is wrong.
in the case Of Murphy VS.. Ram
sey et al, the Court ruled H. fol-
lows:
at is not therefore, because the
person has committed the ofIeuse Of
higamy or Polygamy. at some pre-
vioUs time, n violation Of some eN-
listing statute, and rs IN additional
punishment Tor lis commission. that
he i di>iranchisei by the act Of Con-
Eress OF March -, 1852; nor because
he Is gully Of the oTense - defined
and punished by the terms Of that ac.:
but because. having at some time
entered into a big mons or p1lvg-
amouS relation 10y marriage with 2
second or third wife while the fir-t was
living, he still rlaia'ai7-e L o.lf has mo-.
,iis'0lUe9 i,, although for the time be-
ing he restricts actual cohahita-lon 20
IN. one. lie might IN fac. abstain
from actual cohahi.ati0n wiki all. and
he still as much as ever bieamist or
polygamist. He can only cease 10 he
such when he has finally and fully
dissolved in some elIel;ual manner.
which we are not called on here 10
point out, .ae very relation Of husband
TO several wives, which constitutes the
forbidden status he his previously as
sumsd.
The disiranchisemert operates
upon the existing slate and condition
OF the person and no; upon q pas. O.
Tense.
Il is, therefore, not retrospective.
He alone Is deprived Of his vote who.
when he otfrs 70 regis er. is then IN
the state and condition Of 4 bisamis,
o. poiygami-t or Is then actually CO.
habiting with more than one wo-
man."
In addition to the ruling Of the
Supreme Court Of the Quilted ; ates.
by which all courts and judicial
Officers are bUunu To he governed.
Tho Utah Commission have issued a
ruling which has been and now +,
In force rs regards all the officer,
appointed by the Commission.
- 1t il as follow:
"The acknowledgements opera.es
upon the existing state and condition
Of the person, and no: upoa a past Of
Tense. II Is, therefore. not ru.rosrec-
tive. He alone Is deprived q his
vote, who, when he offers 10 register.
Isthon in the state and condition Of a
bisamist or polygamisi. or Is then ac-
tually cohabiting with more than one
woman. But a big4mist or polvg-
amist is such a person as is pescri bed I
IN paragraph TWO above"
Paragraph =, referred to above. |
WAS as follows:
"a bigamiS' ,or polygami,.) in the |
sense Of the sIh section II the Ed |
munds law, Is a man who has entered 1
into the state Of plural marriage AZ any
time IN the pas. and still maintain,
that relalion-it not having been dis
solved by death. divorce. or Other e.
fec.ual inanner'-and he is still a
Polysamist, even though he restrict,
his cohabitati1n 10 bE. one woman 80
So that no registration or election
otticer-can plead Justification in law.
or in the proper discharge OF duty.or
in directions from his superiors in
Office, for the deprivation Of tn.
right to vote which many People,
Party citizens have suffered.
In addition 10 all It's. Chi,fl
Justice Zane has ruled further uuou
the matter. VIM. Is. Bennett a.
West Jordan, was tried October =
1850, in the Third District Court
for Illegal voting. TIE ground al
the charge was that lIe was A p8Iv,
amist, because his former ylurlf
wife was still living and that
though he had separated from her.
he could ice nothing else than a
poIysamis., unless the President
Taraoncd him. This vas urge! b,
the strongest c0unsclthc Liberals,
could engage.
Judge Zane reviewed the pyopo-
sition and said: c
The question is, VIVA, is the mean
ing 81 the term p0lyGamist. as used in j
the statute, and what j. Necessary ro q
terminate that up'1lionships In o
general sense \ nj. is a po!Frami,r b
who practices PoIygamy, or MAINTAIN. :
That II is right, but tha: is prob,bl, b
too general a definition f,rtbi, s,,,,,.. .
In the case If Murphy Us. R.u..,-
the United States Supreme Court Ia
the law cid not apply to tboSa v,bo q.
Went INTO polygamy before there va.
a law against 1t. but to those y no w.
actually in the relationship. a ma, a
must actually have a p,pr,Ii,,- :,
% De a p'lysamisi. The fa,- Il
OF cohahiiation Is no. a ss,,,r. =
determining the meanin. Of ,,o Il
term. ! man ceases IN ,. :
p'tysanist when he fully ana f. ,
naIly terminates the RELATIONSHIP. -. .
way TO accomplish this j. no, p5in-o3
OUT 50 The question i, what i No.
cary to cause a cessation Of the poIyg-
ainous relation? Can the relation ~
Isl where the parties have not only !
ceased 20 cohabit, but have sez,rs,e5 !
IN good faith? That is, does il a1i.,
because OF the former rela,ionsbi,s
10 maintain relationship reguirs. &
some act Of the mind 70 con.f,1a N. d
Sondi;iou-thst Is. consuming :, "a 4
s-'Snizs more than ons woman asawifa I
!'oes man recognize a woman AZ bis