Show unlawfully HELD THE full text of the decision of he supreme cobit of the united states on the nielsen habeas corpus es case will be found in our columns taday day it is a very important document it settles forever the question whether a man can be P punished uni shed for unlawful corabi tion and for adultery under indictments covering the same time and involving the same transaction it also settles the question whether tasea corpus is a proper legal remy edy under such circumstances the court rules that the double punishment inflicted by the utah court i inthis in n this case was not merely an error in law but a denial of a con tuU onal right and that the court as wrong in refusing the writ of cheas corpus for which the defendant applied when unlawfully con acted and imprisoned the doctrine enunciated in the snow now segregation case base is here re heated enlarged upon and confirm ws and it is made very clear and tive that the utah courts in the ow lase case and also in the nielsen oe i acted in hi direct opposition to a oft K line of legal precedents the board being full bullof of them as aswell well us in violation of the constitution 01 he united states the offense ense of unlawful cohabits 01 ol receives some attention from n 6 court and the principle Is th laid down that this is a conlous offense lense of that thatis it is not corn com bended in an isolated act and abat st only one offense can be charged UP P to to the time of the finding of tue indictment that while proof of sexual intercourse is not essen ay iy yet the act if proven is part of tan included in the offense of un atil cohabitation and therefore altery is covered by the cohabits if committed during the time bobsled in hi the indictment for also that the offense of vr Unlawful aWful cohabitation under the act was intended to apt y to men living with more chaft e woman 1 in unlawful fal relauia of 01 hue husband band and wives 1 I these points being settled bavie by the courton court of last resort they are now the supreme law of the land and they are as aa powerful in their application to the courts of utah and the officers thereof as to individuals liable to be brought before those courts As we have stated before there have been a great many indictments found under this double system which the supreme court of the united states declares unconstitutional we may not have been technically and exactly correct in saying that a number of defendants had been convicted and sentenced j under similar circumstances to trie bilsen vilsen case in judge judds comiti at provo we do not wish any one injustice the Her herrode rodA parallels the nielsen case moto MA closely than any other branch of the first judicial 1 IW brict 0 P F herron of grove however served out l tence for unlawful cohabitation ga and that for adultery and so ad 1 ew cyrls 9 beyond legal remedy save him from an 19 tWo 11 11 t tence there are other cases how ever ain the ogden branch of l dickal district andreou abl numerous cases of doi which have been heyd 1 iima decision in the tm exactly the same et fend ants had not I 1 l fenced yet they arfe wa bemy 1 the same in prin Waria add itta id 1 melon had if the first dista district tenoiar ten tiar would gouw i with persons editions to theah lIal and further 01 ha that nol ih Q 1 per legal remedy been no i lional W 09 oate 1 dinu these ducted d wald ago tt i not because they were the BW kwal iam tt fere was ali fake I 1 i bahe Th eig otha awis it df weba athi dp retae court effrie abbl be fa vey 1 aboy atoy wd ad up to of last towan eft to jhb geee not pi asean legal ly and ja 91 mal ml iffa 10 11 lam ilam jv hid t MR I 1 aw vim te amias imy ever that leaves controversy thay e eacle wh plead gull y after pleading gelty to tile the in rde mail arr war bwy hafid thail by MAO tf i pi th ibos 0 pi RI an ac ir 0 od da afi that bigly thA iod vi 18 4 baay be fawe ri Wry abw babdj io tha imm ment atri riether thal essm wl lw have altel proc wae alq ja th ai lf lii armal i bam to M vt 44 A ba t ica dyitt itai OP IF inam ofay difo mailo ow WA at gp athle aai wt taj P s teft aona at aup N agboli lo 10 04 PE ac ml 10 0 mi ft 01 fl te bf JUANM 36 thelfa wA ial rif af offenses and one class clam netitia atom er demand for all essential purposes and may we not expect from the experiences that have been gained cihat in future the spirit as well as the letter of the rulings of the highest judicial tribunal of the land will he be respected ted in court as much at least as out of court and that vengeance and malice will not again figure in official circles in this territory by way of executive or judicial excesses or in straining enactments act ments beyond their legitimate aie limits and intents |