Show f THE DISSENTING OPINION Iftl I it The dissenting opinion of Associate I Justice Powers in the lIusser unlawful i cohabitation case whichappears In full I in this issue of THE HEBALD will sound I I I strangely enough in the ears of Utah lawyers The attorneys here have become J i I I come so accustomed to hearing the I opinions of the judges in the District I Courts affirmed by the District Judges in I I T the Supreme Court and are so familiar l with the ways of the judges in sustaining li I sustain-ing approving and applauding each other when their rulings in the lower tribunals come before them for review iq the higher court that Judge Powers < t dissenting opinion will be as startling as his plainspoken words are refresh ing His Honor evidently is not a convert j con-vert to the du tickle me and Ill tickle you doctrine that has so long prevailed I in our badly conceived and worse organized j or-ganized Supreme Court He finds a 1 Grotbei judge has been committing gross 1 + error in the trial of a case and is t < not afraid to point out and denounce I de-nounce that error in language i that can be understood The system is r 1 V simply infamous that makes the judge in the lower court attorneyadvocate i and judge for himself in the higher 1 I tribunal but Justice Powers has not i permitted the ugly construction of the I r r 1 court toinfluence him in a desire to arrive at iustice It is true the dissenting opinion is o f i t no force as regards the unfortunate defendants III de-fendants it can do them 110 good but I it permits Judge Powers an opportunity i to say that courts cannot afford to viI ° t i Jate the law and the rules of practice to ii i achieve any result however desirable that result may be when regularly attained I I I I I tained In effect the Judge says what statesmen jurists and social scientists everywhere say that it is better for the If community that the guilty escape i punishment than that the punishment y t be unlawfully imposed and the rules S tl disregarded and set aside His Honor 1 I does not apologize for the guilty and t manifests nosympathy for lawbreakers he merely protestsacamst the courts violating the law in an effert to punish i the accused against denying to a per t f 90IIOn trial the rights which the law k 7ji 9SJ3pteeto him against the declaration + I v declar-ation by a court of tne guilt of a defendant I de-fendant without proving guilt or permitting + per-mitting the accused an opportunity to rt H B disprove the charge fff We print the text of Judge Powers dissenting opinion because t cause it is such a radical departure from the old and almost unbroken rUle of Supreme Court proceedings and because be-cause also it is so clear and concise a t statement of the error committed on the I a l trial through the 00 manifest prejudice t V V of the court which permitted and encouraged j en-couraged the prosecution to outrage justice law and decency in the trial of the case Besides Justice Powers will t be assailed by the rabid and prejudiced II and his opinion will be a complete defense J I |