| Show CHURCH DIVORCES judge zane explains his position on the matter interviewed BY A REPORTER an explanation called foran ly the report of the utah commission Conce minK the reference in the utah commissions report to judge zones so called church divorce decision and remembering te deep impression eliat ruling made in public mind a tribune reporter was sent yesterday to have a talk with judge zane about it deporter He porter judge I 1 noticed that the utah commission referred to your ruling upon evidence on the trial of bennett for illegal voting as though you attached some value to a church divorce judge zane it does appear so in the opinion referred to I 1 stated that it was insisted that any agreement between the parties to terminate the polygamous relation though made in good faith and always observed by a refusal to maintain it I 1 held eliat if a man and his polygamous wife agree orally or in writing in good faith tc terminate the polygamous relation and actually sep arate and ever after live separate and apart and refuse to recognize each other as husband and wife that the relation by such agreement separation yep living and refusal to recognize terminates tha relation that is the only way except by death that the relation can bif ter mina ted if a polygamist were granted an unconditional pardon and amnesty that could only act on the past offense ofie nse and if he continues thereafter to recognize his polygamous wife as such the relation will continue in the case of murphy B U S p 35 the court said the disfranchisement operates upon the existing state and coriaci bionoi the person and not upon a past of bense it is therefore not retrospective j fie alone is deprived of his vote who when he offers to register is then in the state and condition cf a bigamist or a polygamist or who ia then actually cohabiting with more than one woman disfranchisement is not prescribed as a penalty for being quilty of the crime and offense of bigamy or polygamy for as has been said that otte nse consists in the fact of unlawful marriage and a prosecution against the offender is barred by a lapse of three years by section of the re statutes continuing to live in that state afterwards is not an offense with more than one women is in the same opinion the court says in our opinion any man is a polygamist or bigamist in the sense of this section of the act who chavias previously married one wife still living and having another at the tune when he presents himself to claim registration as s voter still maintains that relation to a plurality of wives although from the date of the passage of the act of march until the day he offers to register and to yote hp may not in fact have cohabited with more than one woman without regard to the question whether at the time he entered into anch relation it was a prohibited and punishable offense or whether by reason of lapse ot time since its commission a prosecution for it may not be barred if he abill the relation he is a bigamist or polygamist he has a plurality 01 wives more ihan one woman whom he recognizes aa his wife and his status as to several wives may well continue to exist as a practical although fur a period he may nut in fact cohabit with more thau one for that is quite consistent with the constant recognition of tl e same relation to many accompanied with a possible intention to renew cohabitation with one or more of the others when it may be convenient the crime of polygamy and of unlawful cohabitation may be barred by the statute of limitation or may have been pardoned but the polygamous relation may continue but merely continuing the relation in the language of the supreme court is not an of lense but that makes the parties to the relation poly nevertheless such unlawful relations between individuals not de fined and punished aa crime cannot be terminated by pardon or amnesty or by divorce if alie man and his polygamous wife separate in good faith and she contracts a lawful marriage with another man with whom she alone lives that acet would terminate the relation coif the polygamous wife dies the law ill not repaid the polygamous relation as reaching into eternity the grave agreement whether verbal or in writing w diether upon the president of the church of jeans of latter day saints or any other man saint or sin ner or by the parties in the absence of aall others is competent evidence in such a case to go to the jury to ba considered bethem with all the other evidence before bliem in determining de whether the polygamous relation was dissolved the fact that the agreement was sanction 1 by the church author ties and war led a church buted no additional audit ional strength to it under the law the agreement of tin parties may be used aa evidence but the divorce in law is absolutely void and of no effect whatever tribune |
