| Show I I I VHAT CAN UK AsKbU tAll j All propositions for new antiMormon legislation can be fncc s fully met u the mmtlj of iiones and intelligent peo I pie by the simple assertion that nomor laws are needed Tina decUralionj true and unanswerable ttfausumed that the criniin laws an cniicted fort for-t I the punishment of those who violate l them those who commit crime and for tbe protection of the innocent and II lawabiding The laws against horse I Btealing are intend d to punish those who steal horsps and indirectly to protect pro-tect tbe owners of horses against t 1 thieves Nobody would think of applying f ap-plying a law again t burglary or bank I robbery for the punishment pf a man i who stole a hone When the law 4 against horse stealing has been applied i I to the horse thieves it has performed I Its mission and fulfilled the purpose of its enactment And so with all others j 1 I at our criminal statutes There is not a i Jaw i1t the books which undertakes to a1 1 sap that it shall not be violated It k I would vbo ridiculous for a legislature I F legis-lature to declare that an enactment I i en-actment must not be disregarded a I and expect its injunction to be I obeyed If our lawmaking bodies I could do this there would be no occa a ion for the executive or judic al S C branches of government as Congress and Legislatures would simply say what must be done and it would bf I done Tho laws do not undertake to say that they shall not be violated but do say that their violators shall upon a conviction be pu ished Congress i j I has declared polygamy and cow co-w habitation with more than one woman j IB a oSenses punishable by fine and imprisonment s im-prisonment but Congress does not say i 1 that men shall not practice polygamy t and unlawful cohabitation Congress has indicated the penalties for defying ti i tbe law and no one will undertake to denythat those penalties are being apt ap-t plied They are being applied and elf 1 forced with a degre of certainty that is 1 found in the administration of no other I I Jaw usjlce mar somg5imes Ml in these cases but the law never misses I I arrest is equivalent to conviction and I suspicion is almost certain to be followed LI fol-lowed by arrest In four cases out of five witnesses are not necessary to secure conviction as the accused confess l 6 con-fess their guilt and accept the responsibility I respon-sibility and consequences I In the light of the manner in which a the law against polygamy and unlawful unlaw-ful cohabitation has been and is being t enforCed i the enforced appeal for more d I antiMormon legislation is based t I upon a desire which extends beyond j j be-yond the purpose to punish for 11 1 the practice of polygamy Farther I legislation against the Mormons means I more than punishment for offenses committed unless it is contemplated to i I make belief In the religion of the Saints a crime and as this latter cannot possibly t I pos-sibly ce the case upon what ground I can a request for more legislation be I I based 7 If the antipolygamy law could I not be enforced if tnose guilty of the offense could not be punished if the guilty were not suffering the penalties i provided for violations of the law then 3 there would be some reason some justification i jus-tification for asking more law and increased t I in-creased power to apply it but as the i act is being enforced as no other law t r ever has been as the guilty are being l r punished as the law provides suffering + I the penalties in all their fullness and rigor there can be no honest appeal for further legislation if moro be asked it r is because the motive is a wicked one i j a and if more shall be granted it will be I because Congress does not understand I how the present laws are being applied I L t On this matter the SeW York Tines a in its issue of last Tuesday has an e I able editorial treating the proposition for further legislation in a clear and I honestmanner The article was called forth by the action of the House judiciary judi-ciary committee in agreeing to report amendments to the Edmunds bill and t I report the bill for passage The Times I Time-s editorial treats the matter so intelligently I intelli-gently that we quote it in full t The crime which tbe government ia I trying to suppress in Utah is polygamy I andn t a belief the doctrines of the I JJormon Church It is ot even a belief r be-lief that polygamy should be practiced I S In the wurtof supureasing this crime r and Tvjnremne those who h ve f violated Jtne law government lias r t certainly made satisfactory pro Jbiers Jb silfas dusffancbued all who pracute polyptiny It ha ex t eluded fronD juries all who believe mat Si it is ri ft11t ti > practice polygamy It lias I brougot bffjre Juries of persons oppose d b TI 1 t stllil r 1I f I to polygamy cores of polygaaiets ire ir-e nuinu the ii > brat officers of tbe ilo IUOP Uaurcti aud has sent these criminals I crim-inals ti IVuue tir It is still suicea fully pro mtiiiK YlullllUn d tile law I and thu t < m mi tioi rrporta that uolyiiitnioiis tuaiiiajits cons ctt ate IoU Ins iii ue I Ut a virn iients xecu ihave ehcers true cour11u been ion uc Wetr amt d cuurrr t tn Itl on fur nirtuy luiyiU1 Ijruuiinei t ix Jv 1 anili lave escaped arre > t and c ut Clou oin + > tJ y tl gut 1 lbIII bell S b-ell eulorccd till i the oimreine I ourt hi uLameU the ilrclfioii of the lixnl tribunal II In Heal > iil > aiuistbnre so easily punuJjrci and if n 1 wboiu the voxcuiuM CUll tied have teii unisbed wtiat remains be done I ma tr maid that there Bt Ioln imsis who live nut run 1110 53 anil whum the court cniinut puii > h fur luck ol evidence The pending lull contain souse minor provisions wUirh arc intended in-tended to remuxe the oDitacIes that have prevented the aucressful pro eclI ion of such ptrtou aid those provi UIH3 should in enacted wi bout delay For example > hfluw should rrquir all iiiMrriaKes in Utah to bo registered in a public olfic s and to be ciTtifiJ HI wriiiiif by the purtio and by tbi person otliciating If the exiiting lur ia incomplete in-complete and can be aiu > n led by the mlditiun of any other iruviions by means of whi b the work of seeming evidence against puhgamist would be aimplifird and Iud lei < illlficillt the nettied amen meius rhuud be enacted But worn the in + r cn U have Keen made couiplee when ib niaihinrry lor enforcing it hail bale beet perfected and wheji it ahnll I be thin the power of the courts inconlit and punish et ery person per-son inUtah who limits violated the Jaw or who may tw kiolntiny it will it be neiebsary expedient or lawful to go further Ought the goveriiiuent tu punish a reli ioiM organ zatiun because i onio of its lumibcra have broken the aw and been remit to Ihu penitentiary 7 We believe that the law against polygamy polyg-amy should be perfected and that provision pro-vision should be made fur a rigid enforcement en-forcement of it but we are unable to de that the Mormon Church bou < 1 betaken be-taken out of the bands of its otficera amid governed by a federal commission If the church Has broken the law of 1SG2 by acquiring and holding more than 50OOU worth of reel estate that law maY very properly be enforced by compelling a foneiture of no real estate held in exie < a of thai limit i All propositions looking to the punishment of the church by new law should studied in the light afforded by a consideration of tbo governments duty with regard to polygamy us H crime committed by individual If all > olj irambti have been or can be pun ibod by prosecution under the law as it lists or as it lUll be when perfected he government ehiuld not lay its lands upon the church It is the crime and not tbe belief against which leg ation and executive action should be b e directed and it seems to us that the crime rat bo suppressed without proceeding ceeding against the religious organtza tion with which the criminals are COlt netted |
