Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1891-02-16
A STRAINED CONSTRUCTION.

A STRAINED CONSTRUCTION.
Az important examination Of Jurors
was made IN the Third District Court
this morning. Gentlemen well known
In this community, and whose word
would be relied on In any society here,
were questioned closely by the Assist-
ant District Attorneyan by the Court
In regard TO their Views concerning
polygamy.
The questions aud answers are inter-
e.tlng, rs they develop the position
occupied on this question by thinking
mon who are members Of the "Alor-
mon" Church. They also demon.
straic beyond dispute the fact that
good citizens, men Of reputc, who
never violated the law, who believe
II - be- wrong to practice polygamy be-
cansc the law prohibits Il aud the
Church iofblis Il, aud who would be
governed by the law In dealing with a
ease ofpolygamy, are rejected as Jurors
because they 10 not think that, apart
from legislation human and divine on
tho subject. II would be In hercutlyaud
essentially wrong fora man to have
moro wives than one nj the same time.
We do not wish to find fault with the
learned Judge who rejected these
juror for his judicial action, because we
think he decided according TO hi
understanding Of thu law specially
provided In such cases. II IL To he
found In Section Five Of the Edmunds
ACT, which makes Il sufficient
cause Of challenge to any porson
summoned IA n Juror or ,alcsman In u
prosecution for blgamy, polygamy or
unlawful cohablta,lon, "that he be-
licvcs II Right for man TO havo more
than ono living aud undiyorced wife
at the same tlmr, or to live In the prac'
tice Of cohablting with more than onc
v0man.n
That Is the law. Now M 10 the
Judges Interpretation u tie law. Docs
this phrase, she believes II right"
mean legally right, or something olscg
II a oitlzen believe. u wrong under
tile law OF the land, and also under
the rules Of the Church, 10 do a certain
thing, aud n he would 10 governed by
tho law In passing upon n case Of It's
infmclion, would not that fully cover
tho intent Of tho provision In tho I'd
mundsActand wound hot helhcrsfofe lie
legally qualified to serve M u Juror W.
believe hc would. We do not believe
that the Intent OF the law was 10 dive
D into a man's tuner consciousness to the
depth Of his abstract belief on n ques-
lion thoroughly settled NJ a matter
u action. 5000 url 'stn|DfI an|
Mr.. lanes Sharp takes tho ground
that II II both morally and legally
wrong TO practice polysamy. lilo dos,
moi bnlieye II 10 ho right for man 10
have more wives than one or 10 prac.
tice unlawful cohnbltallon. Doe. no,
inat M the fequrenen, OF mo law
IN TINS thH o'hef 'Mofinoia' summon
.a an luron occupy inc same ground
ihe 'Ac,s hre Una, ,ne pfaeuee Is ior'
niuu'h "o.h Ny 'ho ~" anu ny h'
'hus'h' therefor" moy ihlhk II u
wrong hut 'h'y hte QUESTIONED a.
20 WIN" wou'a DO thel
No"s unuot eonuiuohs stiht u'
not eNi'" Ihey arc 'a'eohlsed OF
pue-tons OF v.hics' apart from IA" ant
rom present i'c'-' IN NOT 'hai goihi
oeSohu INC puiposo ,oi 'ne IA" hh'
oeyohu INC province OF courts ant
court inelaN'
fronipl'ion Is inc Jaw IN some states
SUNDAY laws prevail In some cities
II man believes II TO be wronI
under the law 10 buy or sell
In okieah'f or 70 ouy OF sell anythinl
on SUI day ana would not break TIN
law, ou' would enforce II because II
inc lAW' Il not thnt sufficient Tor am
lawful purposef Would II beanythin'
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