| Show TUB THE TEACHING OF THE MILES CASE I 1 the decision of ilia supreme court of the territory affirming tho alio judg alid of the ibo district court in tho the miles MM case is convincing to lo star our bat special ax as silo sho term H hafft in oot needed by conerus to lt enable tile courts of utah to punish all thil polygamist who ara am bri brought alight up INN be foro fare these tribunals for rod rial nils la 10 in accent wilt will ilia tax bm ban frequently expressed tho the great rellan cf tile the lawbreakers for immunity liu has ban been founded upon the seamey watch wit ch on foods I 1 hole suar biogo alaga the law fair or C tho fits marriage toi as the and not doi tho the subsequent cohabitation and as none base but those bound by religious to divulge nothing that taano place in ill tho ilia ballon local house are allowed to be hen the iho nuptials am and as record evidence can call never dover be obtained by tho ilia prosecution all to ense have failed and thus thas tho the law prohibiting those polygamous alli alicce priests led ind lay isy mm men numbered n imah lit this elect people tho the law its ha a and thus they buys gone on slid and paying in mar garringe ringe po III tt ollie defiance dc flanco of tho the statute Interdict interdicting ing it and their flagens ill ilia of flears of tho the mu law brio bring to ic count but now DOW ca a change haico has cOllic uio over tile he spirit of their dream admissions of a former marriage marr lago fiew held to be treat proof of fh tho Ata fact lad fid cohabitation h the 90 reputation of marriage Is judi bially determined ex constituting na aft admission and to make the muro A appalling appaU ing the supreme court of utah falls falla hick bick common law lair it we ills are arc entirely without minima upon the he subject or of marriage says miya that court in its ila judg mentin la abc silica can and ilia iho m minn miner crof of its celebration ond and the proof thereof arc left as 05 at common law As oo no special ceremony 6 1 re quiren at al common law late no proof la Is required to show io bather bay any was waa performed or not living her io in the iho conjugal relation lalion re and begetting children Is proof or of marriage ut at coni conal moil 1 I luw ilaw and the iho absence iha caco of a statute M of war riuo riago is ia utah puts ius the law of custom ia force la zion aud and thoro there la is a particular necessity for tile the adap flat or of such a rule or of hero here to advance public policy sad and the iho interest of families allies ficery guards the macy marriages amandius amanDi a man silly uy enter anio In nud lias has been beando do by law of hir joint claim claunt to athe alic common property la III can support by her husband husla ind is withheld it concealment of tho ilia rInge con tract to in pronounced iu in tho the judgment wo we are arc contrary 0 to o public policy and injurious to tho best interests of society it IB 19 the duty of courts not 10 uphold any uch such for clinic but to render it wholly holly unavailing g vt this victual will aid lio prosecution vantly in the iho trial ol of in fu lure polygamy cases cased hitherto the witnesses put upon tho the stand have pleaded their religious oaths nod dobli lations to divulge nothing and this hiu plus has been burned to lo prevail gut but dan ibis shield for crime lit Is not dot to bo be bes must testify to athal flat tacy know and it il is ia tho the duty of critic abc courts to compel them to their hoir religiously imposed reticence uw un availing when daniel 11 wells shall plead his bla duty duly to ills his religion and his bia god as a reason reason for contesting it a crime lio lie must bo be taught that big soel duly in ovia more Olau voland either cither he unit correct and revise like bis idra ada ad a of his wig loua ion obligations and perform tita his sworn duty as A or a 0 longer moot a ca I 1 in we the ease ho he our acted ware must force conan aion on oa his bia mind and when john taylor or joseph F fsmith smith or Wil lourd Wood woodhull kull or au all of them combined cannot produce the marriage register of the hie lor dion church sad cannot for the iho lire of them tell whether there is r such a to TC cord kept for not it lu Is the ibo duty or of the courts not DOI to uphold tiny any such weicht lor for crime but to commit bhend por eions nei property properly in custody of the iho toga erceia ter for until it il la produced in fit court it seems as if we atre 9 the end cod tho the prose catia 1 officer all little difficulty la finding spinet tho null anal polygon polygamy low to present to the alic grand jury all and BS it r dt clarca that aliat no special core mony la required of nt common law to afford proof of marrin geir tho the only al question cahon to he bo I 1 sea being vil ft bother vother ithem over mas n m a marriage the of does doca not b bar A r nod that judicial officer lias has lit sweep at every celestially met ried saint the prompt and vigorous vigo roua color C balent of ilia law against bulf a score of the most conspicuous lights will put pul a stop to lo all this ibis hig nonsense about the exam example plit of abra haw ham will bring the ibo church of jutus christ down to the iho pre strat kis irn boil teach them that there is ia no conflict be t ben the laws of god sod men maa thu the of the iho slate la is the highest lill icat law |
