The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-11-29
A CITIZEN INQUIRIES.

Editor Tribune:-Why is it that a man
who is in tho continuous practice of crime.
who boasts of unlawful living, who is re.
| ltGions leader in n community and living n
criminal prccep, before his following should
| receive more consideration az the hands of
a court than docs the private individual who
| falls by accident personal temptation. or
| perhaps by reason OF ths very example Of
| the leader referred toi II is needless 10
say that reference Is here made to tho re-
| cent farce which was onnc,ed when Joscph
F. Smith appeared in the district court to
| receive sentcnco. In realty while the pro.
ceodings were farcicnl in ono respect, they
| Involved tragedy; for all OF the coutro-
versy which has been wagcd for years he.
| tween The Nation and the polygamists and tn Q
pledge OF honor given by the latter TO oh.
| serve the law, were rnnde 70 appear as laugh.
able incidents in history when Joseph F.
| Smith fined three hundred dollars for
his ofonse. AS we'll might he have been
| dismissed by tho court with gold medal
because tho hnc was absolutely no punish.
| mont Mt hll--it was mere bncntclle com
pared with the amount which he takes from
| his people every year, Again, why should
this man receive much consideration when
fact that he claims TO commi, j, in the name
Of God1 CITIZEN
Salt Lake, Nov. 25 9o6
There are many answers to the fore
going questions; some of them are
especially founded in law; some of
them especially founded in morals:
some of them especially founded in
public policy; and all of them together
combining to make this replv-there
is no logical reason why the things Of
which the correspondent interrogative-
ly complains. should he.
IL is evident that the easy escape OF
Joseph F. Smith from all disagreeable
breaking is an encouragement to crime
of similar character. Courts are
supposed to adludicate the law and
administer iustice--to not only
punish guilt, but to warn against
further offense. Often this adiudca-
tion of the law can only comprise the
administration of Justice if what VIC
call the element of mercy enters into
the judgment of the court In such
cases mercy is only perfect Justice
And such eases are where more com
munity good is done by tempering the
letter Of the law by the spirit of the
law. which itself is Justice
II is a fair inquiry for every citizen
of Utah Did the trial court adiu-
dicate the law and administer Justice
in the community sense when it inn
posed mere fine upon Joseph F.
Smith? What community good re-
suited from the prosecution tho SEN
tence, and the payment of the fine?
Was crime punished? Was any warn
ing delivered against repetition of
the ofense' Was any polygamist. now
violating The law, induced by this iudg-
ment of the court TO cease his illegal
practice? Was any man contemplating
polygamous marriage or the resump.
tion of polygamous marriage relations
warned against making the attempt
at crime! The answer to all these ques.
tions must be in the negative The law
was made ridiculous To speak of JUS.
tice in this connection is absurd The
whole thing is SO grotesque as TO in
duce sneer and derision from the de-
fendant and all his sympathizers. and
to induce a feeling of horror on the
part of all the law~abiding citizenship
Of the Republic. 1t has placed Utah
in a deeper pit of the world s con-
tempt
The court, in passing this absurd
sentence upon Joseph f. Smith, gave
indication to the world that some Gen
tiles here, at least, accept Joseph i.
Smith & claim of religious right to
violate earthly law. Nothing less
than this can account for the farcical
character impaired TO the proceedings
by The court itself.
IL man. claiming no special pre-
rogatiye from heaven to commit an
infraction of the moral code, had
fallen in a moment OF weakness and
temptation, it is probable that this or
any other court would have ad~
ministered a harsher punishment. If
any man, not claiming prophetic au-
thority. had acknowledged that for
more IMAM generation ne Dau been
deliberately and willfully violating
the law almost every day of his life,
and doing this in defiance of A pardon
granted TO him fifteen years ago upon
condition that he would thereafter he
law-abiding citizen, no court in Utah
but would have delivered a sentence
both punitive and protective in its
character.
lf Mr. Smith were a private citizen
his crime would be no more offensive
than the crime of any other pri-
vate citizen. But when Mr. Smith
assumes TO live the most Cody life
that is lived by any one on earth (and
this is his assumption), and when he
is accepted as m examplar by three
hundred and fifty thousand people, and
when he deliberately drags other peo-
pie into the commission of crime
like his own in order that his may be
protected by community sentiment,
either the law against Polygamy is a
vicious, prosecuting, sinful thing. or
If shonld bp ad indicated in his caso in