Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-13
They Affect Substantially tho Sam.
Persons.
FULL TEXT OF DARrCa,s RULING,
6i'en Out by Him TO the Pebble
Today for the First
Time.

I
Ing the two amnesty proclamatlous an,
'hoquestion is now passed upon by thl
district court FOR the Hrt time. Tn,
opinion runs Ss follows
In this case the dsiendoat is uudc
Indictment Tor the crime Of unlawful
cohabiiation.
According to the allegations In To,
Indictment, the oiienso was committee
alter tho fret day Of November, 1890
and prior to tho lsuulng OF the proc
lsmatlon for amnesty snl pardon by
tho President Of the United States Oh
September 95Ih, 1894.
The doiondant 1les HE plea in bar o.
The action, AMI claims that be ought
not u DO prosecuted because tht
cUsues, II any was committed. wn,
pardoned by virtue Of the taii proc.
lamstion.
IL To c1nlonded by counsel for defend.
ant, that while this case 10 not Affected
oy tho proclamation Issued by Prosl.
dent Harrison on January I, 1898, d. 10
| affected by that OF President Clsyp.
land, aud tnat the latter proclamation
u more Tar reaching than the former.
council Tor tho people maIntalua
that lhe two prOcIamntlonH arc sub.
shnt'aily the same Ia effect anu ogefa-
unni anu this leads 10 consideration
anu comparison OF tho two prorlanla.
| lonai Tor u the Oileuse ~ not ailecttd
| by the l0rmur proclamation, aud the
lnVcr 10 the same In effect aud opura.
uln rs the former, then tue plea la this
case cannot avail! the defendant,
lthppears fiOm the proclamation Of
ffrsluout Harrison that express refer.
enoe ~ made 10 the act oil Coupfess
approved Msroh -, 1902, ana 10
statutes IN fufthefhnco aud amend.
meut thereto, and by way Of Induce.
ment reference In made 10 the mani.
irsio Of the Church OF Jeiut Christ oil
Latttr-lny Saints, tho Mormon
Church, iisuvd on the Bih day OF
October 1890; 80 representations made
thAt the members VI the said Church
we're oheylng the laws OF the United
states In reference 30 plural mstflages
and unlawful c3hAbitation; 10 a
petition OF the officials OF the Church
pledging tie membership thereof 10
the faithful obediuuco Of the Laws
IN question, and asking that amnesty
DC sfEnsod for past otisnses against raid
R"ri which request was strongly
urged by large number OF non.
Mofmont; TO tho recommendation Of
Tue Utah Commission that amnesty be
proclaimed under proper conditions A.
TO the future Observance OF the law.
and 10 the fact that during the mai
two yeats amnesty had boon granted 10
n large humbsr Of tho same olass OF
persons conditioned upon the faithful
observance OF the said lava Of the
United States.
It's evident from an examination OF
tho two procIamstlOnB that the several
lAcA above mentioned constituted the
moving consideration or iuducement
TOR Tue granting OF tho amnesty. After |
roolting nnd referring 10 those seyofaI |
matters and conditions, the President |
RfantH amnesty anu pardon ne follow; |
~, benjamin Harrison, President Of |
the United States, by virtue OF tho |
power Ia me vested, DO hereby declare
and grant iuil amuetty and |
pardon 10 all persons liable u the non.
altles OF said act, by reason OF unlawful
CohabitallOn under the color OF polyr.
ANGUS or plural marTiAgea, who have
since November lat, 1880, ahstaIutI
from such unlawful cOhabitAtiou. mn
upon the expires condition that thew
shall faithfully obey the laws OF tho
United States, herein before named,
ami not otherwise. Those who shall
fail to avail Themselves OF the olempucv
hereby Offered will DO vigorously
prosecuted"
IL seems clear tina. the Prosldent ia.
Tended 10 and did sEAnt full amnesty
aud pardon to all persons who had
been or were members II tho said
who by reason OF unlawful
under the color Il pOlyg.
imous or plural marriages, WaFU liable
. the penalties OF aail act, provided
nuy had oheyol tnB law since Nov.
'mber l. 1870, and upon the express
condition that they wOulI Obuy the
aw In the future.
The President does not In expires
erms refer TO th0 various crimes /
F.hloh are tho result Of polygamous or
llurHl marriage, but Ia u general WAY ,
oiers 10 the "penaltiesD provided by !
aw Tor such crimes.
In criminal law tue term "penaltyp
lonotes a punilhmeGt Tor the non L
VI All act commanded, or
Or the performance Of an act forbidden
y law. Webster defines the term ~,
Penal TeIribution; punishment Tor
fime or oitout0; the suffering In per.
ON or property which u annexed by !,
iw or Judicial decision 10 the comma. i
lon VI cTime.D
Bowler defines II as "the punish.
lent inflicted by law for It's Viola. y
I0n.n
In statutes this term Il frequently IL
sud In its broad seuss, anu when ~
asd, II may, without much strain Of y
"a ordinary meaning, he held 10 em- u
race all the consequences VISITED upon I.
hose who violate the laws. ~,
Grover VS. HuCkins, 20 Mich. 40. N
Constituting the proclamation az a h
hole, am OF tho opinion that tho IN
,rm "panRlllrs" was therein used ia N
10 seuse above indicated; that the g,
Inguage employed IN SAID PROCLAIM. 10
on Is broad enough 70 include all the 90
rimes which grew out Of the relations as
iurein referred o.; that such was the OF
ltsntiOn VI the Pfesidont when he
the proclamation; aud
lat II operates not only upon tho
lines OF unlawful oOhabitation, big IN
my anu polygamy, but also upon adu.. IA,
ny, when committed by reason Of y,
ION relations, aud all such civil dis az
lilitipa which Mgre lmuogad no Nh. | '.