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Show ' LEGAL VI W OF THE HiW-r.UKS HiW-r.UKS CASE." I In. la' Lis caption will bo IIjiiih, in i uiiotliev column, an article Ly a politic- I man of Ban FraiiL-i-.ci of Li ' u IcltiI at- , tuinuicii'J- '1 ho writer takos a po.il- j lion whi'-li cannot In; Mn.-Oif'nlly (vm-trov:itcd; (vm-trov:itcd; !br by the Vcrdi-jt wli'i'.h pronounced" I InwiuM guilty nf alul- ; h-tythfi anti-polygamy act nf Congress I w.s virtually (U-flnrt-'l null and void. ' llawkir.-i a.- a poiyK.uni. could not; c iiiniiit adultery with tl"i wives to i wlioin he had been married, whell.cr 1 lie iimrriutr-'H wre declared hjl or iilri' il; and in adjudinu; Iiim puiity of adultery the decision was virtually j made that polygamy does not vii.it in Utah that the m'-ii viho have inarV li'jd plural wived am not married, and 1 1 hat such plural wives are nut wives: i-r-ju, there i.s no polygamy heio. This i point wo culled attetitiuu to before, j 'I'ho third district court, in charging t lie jury, went behind tho moral law j whti'h is the foundation of all civilized I criminal jurisprudence, went behind 1 lLo command which lirbt declurcd j adult ory a crime, went behind tl.fi Lji.iis of tho Christian religion, and avo to adultery a different uYiiuition j lo that given by the Almighty by crime-. The same rulo upnlie.s to the cases vX indictment for "lascivious cohabitation." cohabi-tation." If the parties no indicted are adjudged guilty u.s charged they cannot bo polygamisH, for that would involve marriage with tho women wo-men with whom they arc alleged to lo guilty. Juilgo McKean has taken a 1 ummary way of cutting tho (Jordian knot, but liin instrument will be found to have clipped olf, and cut himself severely. When tho present proceedings proceed-ings are declared unlawful, aa they assuredly as-suredly will ho by a higher tribunal, the question of polygamy will be found, beforo tho courts, ju.st whoro it was when this senseless, vindictive and malevolent crusade wait commenced. |
