The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-08
The Polygamous Status.

! In another column Will be found letter
| from Attorney JOHN M. ZANE in relation
to the scope of the amnesty proclamation
of President HARRISON. The gentleman
thinks the views of THE HERALD "total
and complete error When a legal
marksman of his experience shoots so
wide OF the center, there is no wonder
that ordinary people fail to aim straight.
Some points in his letter are disposed of
in an article in this paper on the Powers
of the President, written before receiving
his communication. The rest we will
consider here
First, as to the disqualifications pro-
vided in the Acts of Congress. Mr.. ZANE
admits that section twentyfour OF the
Edmunds- Tucker act makes both convic
ton and the status of polygamy an abso-
lutte bar to voting, Office holding and jury
service. But he says the section does not
provide that voter shall take an oath
that he has not been convicted, or that he
is not a polyga mist, etc.
That does not affect the question at is
sue. The law does not give the form of
the oath to be taken. Neither does the
Edmunds act, OF which that is an amend
ment But the Utah Commission formu-
lated the oath to be taken, all these par
ticulars and specifications are included in
it; and it has passed the criticism of the
courts, and Mr.. ZANE admits that it is
required to be taken by persons who are
called to serve on juries. The gentleman
must be familiar with the oath which
registrars are directed to make the voter
take when necessary, commencing: 81 do
| further swear that am not a bigamist,
polygamist, etc.
The gentleman admits that the law
makes the status of polygamy ian abso-
lutte bar'' to the franchise. That being
so, the question arises what is that status?
We are not left in doubt or to the varied
opinions of lawyers and newspapers.
The Supreme Court of the United States in
the case of Murphy, ct al, VS.. Ramsey.
ct. al. thus ruled on this question:
'In our opinion any man is polyga-
mist or bigamistin the sense OF this section
OF the act who, having previously mar
ried one wife still living, and having an
other at the time when he presents him
self to claim registration as a voter, still
maintains that relation to a plurality of
wives, although from the date of the pas
sage of the act of March q, 1882, until the
day he offers to register and vote he may
not in fact have cohabited with more than
one woman
If that is not plain enough, the court
still further decided:
"Without regard to the question
whether at the time he entered into such
relation it was a prohibited and punish
able offense, or whether by reason of
lapse of time since its commission pros
ecution for it may not be barred, if he
still maintains the relation he is big
amist or polygamist because thai is the
status which the fixed habit and practice
of his living has established
One more quotation from the same rul-
ing will be sufficient:
'sHe might in fact abstain from actual
cohabitation with all, and be still as mach
as eUer a bigdmist or polygamist. He can
only cease to be such when he has finally
and fully dissolved, in some effective
manner which we are not called here to
point out, the very relation of husband to
several wives which constitutes the for
hidden status he has previously as
sumed. -
The gentleman's father, Chief Justice
ZANE, who has obtained considerable dis
tinction in sitting upon cases under the
EDMUNDs act, has ruled in harmony with
these settled points OF law, and in the
BENNETT case on October 2S, 1889, after
quoting copiously from the decision in
the MURPHY case, thus explained the re-
lation of man to plural wife which
constituted him polygamistint the mean
ing of the election laws:
''There may not be any outward act,
but some act of the mind consenting to
the continuance of the relation, consent
ing to recognize the woman as his wife,
consenting to MAINTAIN the relation is
necessary
In deciding as to what would consti-
tute dissolution of the polygamous re-
lation, Judge ZANE said:
'sThe dissolution would be effective if
the parties, before other persons, agree in
good faith to separate and afterwards con-
tinue to disregard the polygamous rela-
ton and abandon it, and refuse to recog-
nize each other as husband and wife. -
Judge ZANE held that until such COM
plete dissolution of the plural marriage
was effected, the polygamous status re-
NAMED and the man could not vote. |
WILLIAM B. BENNETT, in this case, would |
have been convicted of perjury for taking
the registration oath had he not given
evidence that his polygamous status had
been thus dissolved, that evidence was
both oral and documentary.
We leave Mr.. ZANE to compare his as
sertion that it has been ssruled by the
courts of Utah several times' that big
amist or polygamist means "a man who
is committing the crime of unlawful CO.
habitation,' with the rulings of his
father and of the Supreme Court of the
United States. They have both decided
to the exact contrary of his definition. If |
THE HERALD, as he asserts positively, is
in error, it has imbibed it's error from
those distinguished authorities, and with
all due respect we prefer them to the bare
opinion of Mr.. JOHN M. ZANE.
Now as to the question of an amnesty
IL IL