Show I 1 1 l 1 tite tile howard amendment once I 1 more in ili our la last laa A i isue issue sue wo stated wrone objection I 1 I 1 tu to the Ill howard oward amendment to 0 o the anti and Poly polygamy guny let act that the clause authorizing tho the trial and conNic corn action tiou of offenders by the com t am without tile the of a jury djs unconstitutional and could not in ili our opinion bo be cli enforced forged in im any court in the land a provision pio vision would simply re bult in leu len dering entirely nug nugatory ii tory the whole liw law and be a le petition of the farce which I 1 I 1 tends to 9 bring tho the law and its administrators into contempt wo we have nery little doubt I 1 that mr delegate hopper hooper tab i ill be I 1 i phife elly NN willing illing to lia hai a 0 such ft a law enacted cven if for appeal ance sake lie does not openly ad 0 oc to its passage I 1 we suggested in our former article that ethcie e were mere to our mind other though minor r objections to 0 o tho the howard amendment r I 1 among these nic think the irth section i ay iy I 1 impolitic imi ind and fil ill tend to render the who whole le act acl 1 alii e if retained retailed it reads as f follow 6 see sec 10 that ON acly elv el V person male or female alio N lie shall hall hil knowingly olvin gl and willingly aid and ilist IL in or be pi in escot at such ceremony or rite I 1 of mormonism known its as buch sealing scaling or spiritual marriage with intent to countenance encourage and give effect to the same amu be deemed quilly luilly if a u crime and on oil conviction cof before a boint of competent jurisdiction shall be punished as last jast aforesaid and I 1 tile the person or persons celebrating or ing blich shall be punished as last aforesaid and by ft cinc of 1000 each 1 4 ind and imprisoned at hard labor in the timy for n at t least two years i if the author of the bill hul had intended to I 1 drall draft boni something ethin to give pel perfect impunity to i L tile the celebration c of poly gamie llie and t to 0 render ahlvoid the I 1 I 1 liw law vic A c do not think he could have doii 10 iseda sed n 4 4 mu of accomplishing that hat result ti than an 1 I lie lias has ON I 1 need in section laj 16 it places it absolutely out of the PONT power dr of 4 the prosecution to obtain any evidence of sidi i marriage by nial making ld it fill the ic rr antinis in tm tinis aws a provision the government could call as witnesses ani any 11 lebn n or believed to be bc tat at buch bitch prohibited malige or scaling 9 anc a com it pel them 0 io o testify with it tho the witnesses I 1 ono lie andall and all could tind and behind tile the al article bicle of the cons whick ext e 1 0 e them from froin cri ming themselves no f V witness could be compelled to answer arid li the only possible way jhb govern government nent could hope to obtain evidence on which to found an indictment or convict conNi ct navot would da be to resort to the ilia odious hystek of espionage and try hy to n ring i in niLs its spies A system demay I 1 I 1 say 1 ely little inferior brior indignity to it 0 is ii designed to 0 o uproot aud and one which does not I 1 I 1 commend itself ey strongly to the moral 4 I 1 11 i bense of manual marild nil in general I 1 tile the icah section then in our judgment I 1 4 cosmes the hie defeat of any a ily practical working orl ing t of the liw law and must guht operate as a serious ious check in it its administration tho is 4 in bu buch h matters matteis in to make stringent a ain mca aure lawmakers law makers makels fa fay by y to do too much they over bahoot the maik oer lc laap 61 themselves ves and make all borts of blunders we hope that congress Con giess I 1 vill le ie member that polygamy and mormon J aiu biti hilve e grown up to tb be d a practical live s 1 i question lu estic 1 11 and i shout should 1 I 0 only nl 1 be dealt with in ril 1 11 it is is ii seless and woi se than vain 4 to undertake to run a quixotic tilt against i A I 1 theril them the 31 cannot be c ither cither put down or 0 I 1 1 tt it 1 either w oi 01 gy dy f against y 11 them ol 01 by or unconstitutional A 1 enactments we are satisfied that jt it is ia josf 14 1 these things i which have given the system i i and enabled the leaders to force it on att 11 the ilia people because govern r afa 4 1 ment acu t has lone done nothing g or what it has done doa A e 1 l wd the iho camier of doi ngit have been sor little ja ad apted to the purpose tile the people laugh and M ti scon and begin to belleve belic ve not only y that tach 42 t i leaders isaae rs are arc i light ight bi but it that that tho the is 1 5 in legality the impotent tiring thing it is represented 44 af to be I 1 A 4 1 F 0 I 1 J it should avach be remembered py by lel leg vl isla tors as we well 11 as by judges i thatis is not sq 0 i i much the severity as the certainty of junish 51 r 41 0 ment which fissures ism f cs obedience to law iani the tac t law sw ws it il scalds now on thes abject af poleg jj 11 ailcy ii sufficiently perhaps but fg 14 y totally y far ng a is T 1 t it ib 4 L concerned loi learn ad A according to our view and for I 1 the I 1 lubons the afi howaad amena 4 I 1 beut not only fails to conedy the defects i J 11 bial exist in the Is not likely w jl 5 I 1 ia I 1 I 1 10 mole moie effectual the problem of poleg 11 11 pj I 1 i I 1 i amy will demain a problem baill as difficult 11 i I 1 I 1 of bol ution ab ear adal what ig ia moiel con ri M I 1 gicas t I 1 LIS will A ill be laughed af for its 1 pains luis i af |