The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12

Uals, but large classes, to commit muir
der. and have left the commission, time
and place, to the individual will and
within. or caprice, or whatever it may be-
Of each individual man who listened TO
their advice and influenced by that ad-
vice somebody not known did throw the
bomb which caused Degan's death
Century Magazine. April, 1893 p. $50
II will be seen by the decision of the
court upon the motion for new trial in
the case Of Spies ct al. VS. People that
the anarchists were not convicted upon
the ground that they had participated
in the murder of which they were con-
ViCted. Whether they were or we're not
participants in the commission Of this
crime was not the main question at is
sue They were convicted because they
belonged to an organization which. as an
organization, advised the commission OF
acts which would lead to murder.
OF like import IS the decision in the
case of Davis VS.. BeasOn, decided by the
Supreme court Of the United States in
1889 the decision being reported in vol
ume 49, United States Supreme Court
decision the Revised Statutes Of the
State Of Idaho provided that no person
who is a member Of any order. organ
iZatlOn, or association which teaches, ad-
vises, cOunseIs, or encourages its mem
berS, deVOtees, or any other persons TO
commit the crime Of Dlgamy or pOlyS-
amy, or any other crime defined by law,
either a rte or ceremony OF such or
der organization. or association or other
wise, is permitted to vote at any election
or to hold any position or office of hon
or, trust, or profit within this territory
This provision Of law the Supreme
court of the United States held to be
constitutional and legal It viii be OBJ
served that this act dtSfranchlSeS certain
persons and makes them ineligible to
any position or office or honor, trust, or
profit, not for committing the crime OF
polygamy- nor for teaching, advising
cOunseling. or encouraging others to
10 mt their
membership in an organization which
teaches. advises, COunsels and encOur-
ages other to commit the crime Of
pOIygamy. In WOOley vs.. Watkins Z
Idaho Rep. 900. 5J6), the court says:
Orders, organizations, and associations,
by whatever name they may be called,
which teach, advise, counsel. or encour-
age the practice or commission OF acts
forbidden by law, are criminal OrSanlza-
lions. To become and continue to be
members Of such organizations or asSO-
Citations are such overt acts OF recoShi-
ton and participation as make them par
tiCeps Criminis and as guilty. in cOntem-
pIation Of criminal law, as though they
actually engaged in fuTthering their I'M
lawful objects and purposes. tSee also
Innis vs. Bolton. Idaho Rep, 401. 4l4-)
1t being a fact that the first presidency
and the twelve apostles of the Mormon
church teach advise counsel ana en-
courage the members of that church TO
practice pOIygamy and pOlygamOuS CO.
habitdtiOn. which are contrary TO bOJh
law and morals, and Mr.. SmOOt- being
members of that organization, he must
fall under the same condemnation.
And the rule in civil cases is the same
as that which obtains in the admlnIStTa-
ton Of criminal law. One who Is men,
Der Of an association of any nature is
bound by the action Of his associates,
whether he favOrs OF disappTOves of such
action He can at any time protect him
self from the consequences Of any fu-
ture action of his associates by with
drawing from the association, but while
he remains a member of the association
he is responsible for whatever his assO-
GATES may do.