Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-13

Nv ulou tue class ot reHout ihetel
rho pardon aud amnssty granted
T. limited TO those persons, II tie
rlase mentioned, "wbo since Nuvem.
Dor u lsBj, have obaiainod from sucI
unlawful cohabitatiOn, anu 10 coupled
VITA the iufihOr condition that
'nvy shall obey the laws OF tho UnNeI
9tAtos Referred 10 Ia the proclamation.
subject 10 this condition, thofo 4.
| granted full amnesty and pardon, the
effect and operation Of which are h
release the penalty ami blot out the
guilt, ~ that the offender is as innocent
in tho oye VI tho law ~ hs was bsfofa
TIE oilcnso was committed. Itrestofe.
MS civil rights aud removes his ole.
abilities aud punaltitp.
.x Parie Garland, Wall, 1888.
Am. anu Eng. Eucy. OF Law, $50
| rms Proclamation grnuta full am.
nesly anu pardon In several termH, nr 4
the HghlF, lmmuuiiics, aud privilege
Which IL rsatOfUs 20 tho Iufsona ru.
Traced In II are such nB are uri1yst
~ OIL citizens Of tue Territory. II.
| hoWuvoT does not sheet propprIr
| tiEhN, The proclamation IL
| publlc act Of which nil c1uft.
| q the Territory nfo bound 10
AXE notice. supoftodus the staiut,
law therein referred 10 In 90 mras tbp
penallisr aud disabilities clontod by m.
statute Affect those persons who aio
embraced In the Proclamation, ami
/ who have compiled with tue cJul.
lions therein mentioned.
~, Armstrong W. United States, 10
Wal. l5i.
iig. ~
Upon consideration Il soems clear
That tho proclamation o. Pfcsidcn.
Harflson graptod iull pardon 10 all
persons embraced IN %, Tor all ofcnssr
committed Ia violation Of the laws
telnrred %, prior 10 November Lot,
lssl provided that auoh puHons sinco
that daiu have 0boyod such laws.
inc case ~ bar, although the persDn
is one embraced In the clasa mentioned,
Il not affected, because the oiionrr IA
alleged ~ have been committod since
that date. But II II insisted by counsel
ior tho doiondant that this case IL one
embraced within the proclamation Of
itoA'uaht Cleveland, and that the lat
!oI PROCLAMATION has wider scOpo
man the former From Nh sxamlns.
Noh OF the latter proclamation 1t will
substantially the same RfounJs As thr
former, except that the executive JId
NOT roller g. tho report OF the Utah
Commission OF September i5. 1900
After stating that the proclamation o.
January :, 1893, "dii declare tnat
grant full pardon anu amnesty 10 Ger.
tain offenders under said acts, upop
condition Of future obedience 10 their |
requirements" ana after declaring |
himself satisfied, from tho evidence |
.urnisheJ him that the adhurents u the |
Churoh generally aUB.Rlned from |
plural marriages and lOlygGm1us 60.
hsollauOni and were now living Ia |
Obedience 10 the laws, President Glove.
anu proceeds 10 proclaim that Uhr |
time has now arrived whom the inter. |
eats OF public Justice aud morals will |
DO promoted by tho granting OF am.
noaty HLu pardon % all such CfIendefH |
as complied with the conditions OF said |
proclamation, including such u said |
Offenders Oh have been convicted
under tho provisions Of said aot.O
III VIII be seen that reference Is here
made To those who have compiled with
the conditions Of the former proclnma.
l0ni ami TO those who have been CON.
Vicled under the act therein mentioned.
tul II the views hofoinbeioru expresaed
are correct, all such offenders were
Ia tho proclamation OF 1898,
anu II seems that this position ia
'lrengthenei by the amnesty clause i'm
ne proclamation Of 1894, which reads
M f0llowt:
Now therefore, l. Grover Cleve.
anu, President of the United Staton
ly virtue VI the powers ia me vested,
40 hereby declare and grant
ul amnesty aud pardon 10 all
leItona who have, In violation
y salu acts comm ttsd either OF the
'uehsea OF polygamy, blgamy, Rdul.
eIy or uhlhWIul cOhhbiiall0n, under
ne color VI p0lygamOus or plural mar.
la2e,i or who, having been cOuyIctpd
4 violations OF said acts. M, now
uueflng deprivation OF civil rights In
consequence OF tho same, exeepting
VI persOns who have not COMPLIED
WIN ihe conditions contained IN said
Executive proclamation OF January
IN, lbUb." This refers expfsaslv ~
ho "oonditlous" Imposed by the
reclamation Of 1893, and sxcepts All
orsons who have not compiled with
lch conditions. The defendant In this !
hse bel0nga 10 class OF persons wnonr, i
ueo'ed ny the exception, because his 6
iIeSei uuense was Committed since n
,oVembhr lsl, 1890, aud therefore his n
lea In bar cannot avail him. IL h IA
'ue, claimed by counsel Tor defend. n
NJ Ihnt the amnesty clause In the h
Exclamation or 1894 refers more sps. Ii
Ideally by name, 10 the oiienaea in. I,
'nded ~ DO affected thereby than u
pee me Ike clause In the proclama.
on Of lsD3 Teieis specifically to the
ws which denouncs anu define the
''s whish constitute the crlmes and
cato the disabilities, "A specific refer a.,
lcu by name 10 suoh ofiouGos Is not
5oussnry, IL Il evident that both ii
'Oclamatlons affect, SUBSTANTIALLY tins iu
mu porsous, tho same Otlsnses and hi
e same disabilities aud that tho case ~
bar Is affected by neither proolama.
alton. In
The Plea In bar Is ovsrrulsd and de. al
Cd. a,
/
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