Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-06-13
NEW RULINGS NEEDED,

In the Graham case, recently tried De-
fore Judge Norrell, there We're some
points OF common public IT. rest that
have been passed by without riuch gem
eral consideration. II is probable that
they win come up again. and then at
tract further and greater attention the
case is TO be appealed TO the SUI
preme court Of Utah, and an opportuni-
" win thus be afforded to obtain some
notifications IN the former rulings OF
that court. in reference 10 a rapidly
diminishing custom, which once formed
a troublesome difficulty and clash be-
tween a portion Of this community ana
the law.
one OF the points on which the appeal
a 10 be taken Is the validity Of the COM
plalnt, which charges the commission
of an offense In Salt Lake county, when
Il ls alleged in that complaint that the
offence was commenced in one county
and completed IN another Il Is difficult
10 see how the statute that provides Tor
the trial In either county Of cause
partly committed In one and continued
In another can be applied fairly and
logically TO a case IN which the associa-
tion with legal wife was In the outside
county. That Is not an offence nor part
Of an offence. II defendant Is charged
with "cohabitlng with more than one
woman IN Salt Lake county" can be be
legally convicted when there were but
two women named In the indictment
and only one Of them Is shown by the
evidence to have been associated with
the accused 10 this county,
In many cases an offence can be ac-
tually begun IN one county, or judicial
district, and completed IN another The
dynamite case. Tor Instance, IN which
the engine for human destruction was
fashioned in Juab county and then sent
10 do it's murderous work In Salt Lake
county. or the stealing Of a horse in
one county and the selling Of IL iu am
other. The case could be tried lawfully
In either county. But there is no law
against q mans living with his legal
wife IN any county, and therefore that
Is no part OF a crime In Itself; II the
offense charged Is cohabitatlon with
more than one woman In Salt Lake
county. and there has been but one
plural wife In this county, how can the
statute nationally apply?
Since the passage Of the laws framed
70 meet special conditions in Utah, a
great change has come In the situation
That holding out" and Haunting be-
fore the public OF certain family rela-
tons, which was then denounced has
gradually subsidized. until It has In
great measure disappeared, Il Is con-
Ceded by the reasonable portion OF the
opponents Of the system sought 10 be
suppressed, that the people who formed
plural marital relations in past times
and who do not hagrantly violate the
law and public propriety, shall not be
disturbed In the performance OF duties
that devolve upon those who ought 20
poryide for their own. There Is a dis
position 10 be lenlent to them within
certain limits.
But even those who are anxious not
TO violate the law, and yet TO act 100 "a
proper manner to women and children
dependent upon them, are handicapped
BY peculiar rulings OF the courts, made
TO NJ the old conditions and not fairly
applicable TO the present There ought
to be some notifications OF the old
interpretations OF the law. OF course
without doing violence 70 It's proper
Intent. so that people who desire 20 DO
what is right as a matter OF conscience
and affection, may not be looked upon
as lawbreakers, because OF strained and
harsh rulings intended 10 be severe and
repressive, when extreme measures
were thought 90 be necessary.
We hope that IN the case to be- ap.
pealed, there VIII be an opportunity AZ.
forded 10 the court OF last resort 100 this
State 20 make such eXposiuons Of the
law as win he adapted TO the changed
conditions now existing, and at the
same time viii not be In opposition FOB
the true ana plain intent OF the statutes
still in force.