Show THE STATUTE TO BLAME I The vagueness of section 3 of the Ed munds act is responsible for most of the misery that has been brought upon the people 61 this Territory by the application applica-tion of the law That section also stand in the way of any adjustment that otherwise might be brought about of the trouble which exists The section declares That if any male persona person-a hereafter cohabits with more than one woman he shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished etc The vagueness comes in in the failure to say of what cohabitation with more than one woman consists When the law went into effect many intelligent polygamists did what they thought would put them in perfect compliance with the act naturally they regarded cohabitation as it had been regarded since the word was formedas meaning I what it had always been looke J ucon as meaning with this idea in their minds and with the view to the avoid ance of trouble for themselves and fain ilies they ceased to cohabit with more than one woman It was soon discovered discov-ered that this actual separation from their wives this discontinuance of the intimate relation and association of husband and wife was not a conformity < con-formity to the law that it was not a cessation of cohabitation in the eyes of the judges and therefore did not relieve the polygamists polyg-amists from the liability to the punishment punish-ment prescribed in the statute We know that in many instances there was honest and earnest effort to conform to the law but the effort failed because theindividuals did not know how to obey the law If actual separation from taeir wives were not such obedience Men have been sent to the Penitentiary who honestly and intelligentlyfried to live up to the requirements of < 4he statute other men who are doing their best to keep the law are expecting arrest daily and many who are living in perfect accord with the reasonable interpretation interpreta-tion of the act are hiding from the officers to avoid imprisonment to which they would be subjected if they were to permit the court to lay hands on them maybe argued that we must look to the courts for the correct interpretation inter-pretation of the laws and abide by the explanations of the judges ordinarily this rule is the one to be followed but it cannot be observed in the interpretations interpreta-tions put upon the term unlawful cohabitation co-habitation No two of the Federal judges have given the same explanation explana-tion of the meaning of the law and no one of the judges has followed his own interpretation through successive eases Their Honors have had new and different differ-ent interpretations for new leases every time coming up with a ruling to fit so that the man who last month was living in compliance with the then prevailing judicial idea this month would be guilty of a misdemeanor To keep within the law and escape conviction con-viction and imprisonment the man who had been the husband of more than one wife at the Same time wnntri find it necessary to consult the Jadge of his district and the District Attorney every morning and conform his contact to their changes of opinion and temper Again the guilt or innocence of a man of unlawful cohabitation depends Jargely upon his deportment in other respects For instance the conduct of individual with his wives may be I perfectly satisfactory to the District Attorney I At-torney which is equivalent to saying it is satisfactory to theJodge also until i that man is discovered helping a friend out of the way of the officers when it suddenly transpires that his previously lawful course was simply II unlaw ful cOhabitation meriting eighteen I months imprisonment and 900 Inc If the law had reid of what the ofi feuso of utfiawful cohabitation must j consist we believe there would have j I been a very general compliance with the statute if Congress were now to I define the meaning of unlawful cohabi I taim we believe there would fallow avery a-very general conformity to the law nut there can be no compliance no conformity wlsen ito cemply or con form is impossible there scan be no ir at twe wte at > t1 compliance when what is hot unlawful cohabitation today will be the offense tomorrow and send the man to the Penitentiarythere can be no conformity when the District Dis-trict Attorney finds that the rule which will serve to convict in the case on trial today will acquit in the case fomor rowantl he asks and obtains a different interpretation a When the statute has been deprived of its vagueness and people can understand under-stand what it is necessary for them to do to comply with the lawthere will be some reason in propositions looking to a settlement of the annoying troubles which prevail in Utah but until people peo-ple are shown how they can comply with the law without being cowardly brutal and inhuman all talk of an adjustment ad-justment will be idle |