Show THE STATUM STATUTE OF limitations nast LAST evening we took occasion to ld show that tha t the ogden ji junction wait was gravely in error aa as to the nature of the offense of bigam bigamy vor or polygamy under thelah the law of 62 we not notice ice ica that tho the herald of this morning enlarges on this subject taking the s bame same me ground with usi us and that the correspondent VV who called the attention iop lop of ther oher J t editor to his error has hat another letter in this mornings morning lq issue of our ogdon ogden contemporary giving an extended legal argument which substantiates his and bur bun our position he is AL IA lawyer ivyes of large laige experience and matured I 1 intellect he shows cig cli clearly arly that under the common law it is the contract contracting ink and ana consummation of the marriage and and add not the living together as man and wife that constitutes the offends onn of endi and that tha the lav taw of 62 which he quotes quotas affirms the c common law rule i UJ M i I 1 i marriages marri mairi agea m E occur within tho the tex ri or other places of ot exclusive jurisdiction in the united states such aa as forts forta eto ete tc sd in not providing that living together aa as buch ouch lipa husband hubband band and wife whether not narried married at all oc or illegally married shall be the se of bigamy the consequence of this Is that as the fatute statute of limitations re quires an ati indictment for this class of of lenee lence to be found within three years beard arter alter the Infract infraction ibri bf bof the law no prosecution under the law of 62 will lie he against any person in this territory who has not contrad contracted ted a plural marriage within the past three years unless indicted within three thred years yeara after the solemnization of such marriage this should be generally understood and ind iss is isa a matter that been thus decided by the district courts ot of this territory it will be perceived by our read fead era that we now put the limitation althree at three years yeam while last evening we placed icat it at two years we nind find that we I 1 in company with W the herald and a nd almost everybody with whom we have conversed on the subject learned learned lawyers included 1 were mistaken as lo 10 the tj time MY though not as to the principle pM we hasten to rectify the error we NV e find that an act of congress was passed being approved april 13 1676 16 amending the revised statutes so as us to extend the time of to three years instead of two it reads U as s follows ho person shall be prosecuted tried or punished for any of offense lense noncapital not capital except as provided in section one thousand and forty six alx u unless uless the indictment is found or the information is instituted within three years next after such shall have been committed but this act shall not have effect to authorize the prosecution trial or punishment for any of rense offense barred by the provisions of existing laws the exceptions referred to above are for crimes under the revenue and slave trade laws the limitation for which la is five years I 1 I 1 W springs another question in the junction which i it seems strange straw ga the counsel for i theaopel ile lle eipl lant did not take tako up in their eabe case before the higher court eburt he asks As Con Congre gresi gresk aa has hag mily only provided for a fine flue of not exceeding and Ini imprisonment not more than thun deais years where is the authority in the court to add labor or hard bard labor a la in any penitentiary to this nine fine and imprisonment la Is penalty fully exhausted by the fine and abd imprisonment in this is quite consistent with the whole proceedings in the cas case e the exclusion of mormon jurors the admission of others welo who had bad expressed an opinion of the defendant antya guilt ac and it is just as consistent as the decision of a judge now on the bench inflicting lilot 9 a nine fine af pf 00 fo for an alleged allege d contempt of court when the ibe statute a ta tute puts the maximum ilie ille flie fine at when cour isas 9 well as other officials manifest so strong an a n animus ni ai against alliet accused persons persona s J f it is no wonder that the latter gry iry to take lake advantage of every technicality lt for their own protection and wo we consider any other policy under all the circumstances would be perfectly suicidal we hope the junction will now frankly acke acknowledge 0 w led gems its mistake BO so that it may retain the of circle circie of readers ers ors andrup and supporters pa airs |