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Show Slightly Astonished. Our reporter, re-porter, in the District Court yesterday, was more than slightly astonished to learn that an act could be criminal, no statutory provision having been pronounced pro-nounced against it. He informed us that Chief Justice McKean declared polygamy a crime before 1S62, there having been no law passed by Congress denouncing it ; his declaration being that common law anterior and superior to statutory provisions, proclaimed it. What? An expression of the people's will, publicly declared, or something else ! We would like to hear from Judge McKean, who, being a Chief Justice, should bo a man versed in legislative lore, an elucidation of this subject. As Chief Justice of the Territory, he should be chief expounder of lepal positions. Will he tell us how an act can become criminal, there having been no law pronounced against it, and the "common people" having pronounced pro-nounced iu favor of it We assume a political position; the Judge assumes a legal position. We dare him can be meet us t |
