| Show GOVERNOR EMERY AND the PENAL texal CODE 4 tir tae enemies of the tiie people of utah miah expose the weakness of their thein cause o and virtually acknowledge the strength a th of addra by invariably re sorting to gross falsehood or glaring misrepresentation in their attacks upon us the same tule rule prevails when they hey assail any one who is supposed to tavor favor us in the slightest f us in the slightest f lle ile degree 9 ree or who ia is guilty of not join ing and actively active lV assisting biating ae them in their malicious mall mali clou elou ge hemes and on deavor deavors 1 J t there ig is one report which they th ey have industriously circulated that we have hitherto taken so no notice of but it Is haw now being used for the purpose of injuring governor emery whose term of armm has expire dand who haa some grounds for expecting appointment reappointment re we therefore have something to i 0 eay on the subject iuis sin in their eyes J the subject iuis sin in their eyes is in occupying a conservative pg no noone one oue can truthfully ao no 1 cuse euse the governor of favoring the mormon cauce we vve have havo no fio flo A axe to grind in his bid case z we put nut up no petition fon ton for or A his fils continuance in office 1 I we have no request to make for his removal ile he has hag done nothing that we are aware of to merit mormon gratitude neither has he done anything to arouse gerl gentile hostility he has haa held himself aloof from factions and has not tak tab en of a violent partisan arti artl lr ir 11 in that he has incurred the displeasure of the rabid elplear element that causes the ferment on utah affairs and starts the falsehoods which find acceptance throughout the country the report above alluded to is thattie th atthe Mormon Mor monS 11 have repe repealed all the laws punishing adultery seduction fornication and lewd and lascivious cohabitation thereby giving license 0 illicit relations between the sexes A and now it is alleged that governor edi Efi emery iery aery in approving of the repealing statute haf has rendered himself unfit to hold his hig p resent office 0 the facts in the case are tire the seThe members of the salt lake bake bar disapproved of the old penal paual statutes of this territory which passed at different sessions of the legislature were scattered through the books and were inconvenient in form as well aa as inadequate to the requirements ot of the territory in its ita advanced condition and its mixed society soei Boci ety c consequent on sequent upon the influx ofa ota of a different class of population from its early settlers A penal code was wab therefore drawn up or rather adapted from the california statutes but few changes being made fro tro from rathe the tex text tand taud and shenew the new act receiving the approval of leading lawyers in this city gentile as well as mormon it was passed by the legislature and received the po approval roval of the governor by tha edvice ot at a number of legal gentlemen ot of well known ability not mormons Mor mons whom the governor had bad consulted this act embodying what criminal law jaw was considered necessary sary bary the former statutes lin in tin relation to crimes and were of course repealed by a clause in the new now code the penal code thus established defines and provides punishment for various species of crime and among them are crimes crimea against the person and against public decency and good morals these are grouped in title IX and treat of rape abduction carnal abuse of or eb children ildron seduction abortion the crime against nature indecent OL exposure obscenity prostitution n housea of ill fame of fences against morals fcc it faas isas good a code as that of mst of the states truett does not bot define the crime of adultery neither doisthe do does esthe the criminal code ot at new now york and we heli hear of no great outcry against the latter on nowr it should be understood that so no special repeal law was passed and sig ried fied aft www v banging from our stat statuses tiles all lawr against the crimes refe referred ried to but this thia is the Impre impression salon which gur bur our oar traducers traduce rs seek to convey to the public mind the new now penal code abrogated the old and among the repealed provisions was one against lewd and lascivious cohabitation 1 1 which had been used by unscrupulous 1 persons for the purpose of perse cution rather than p prosecution rose cution it was designed to prevent open lewd nes mes against public decency but bat it was wa s wrested by inaam infamous ous attorneys and equally infamous judges to apply to polygamy and one man still in prison serving nut a sentence under that law while his offense was wag what is defined by the laws jaws of the united states as bigamy he was convicted of having haking two iwo wives the sentence was pronounced by a judge who knew know that the law had no application pil on in the case whatever that it was waa passed against a totally different class of of nence fence and yet he wrested the law to the punishment of the accused for a time but as he will find in the sequel to his hib his own damnation in eternity the removal of this opportunity of which unrighteous men availed vesto prevent justice under the name nime and cover of gawlis the act which BO exasperates the bo howling wiling crew who vilify the mon mormons cormons Mor mons and hate bate the governor for not descending sc ac to their level for all the ot of preserving public morality and guarding th weaker eez a against violence and the unrestrained gd passions of brutal men the penal code contains ample provisions if Mor mormon mOW polygamy la to bo be legally assailed there is the congressional statute ot of 1862 forthal for thad that case ease especially madland made and provided but those who are so terribly anxious that the latter law shall be made macie effective are not riot altis satisfied fied fled with its provisions nor application they want to magnify law by perverting law th they y would execute law jaw unlawfully persecution not prosecution is their motive and seeing the means iniquitously used of distorting a law out ot of its meaning and intent effectually removed they gnash their teeth in anger and hs lie the process ands andi those who I 1 were in a any py way instrumental in its operation As to the governorship 3 it nia makes kes ked little difference to ua us who occupies the posit position lod iod governor emery has held himself aloof from the mor wor mor mons who form over nine tenths of the people of the tho territory and we have no cause to expect any fa corenor vo menor renor even the confide consideration ration to which this majority are entitled at ai hla hia hands but bat he ii ia not a rabid unscrupulous eater like some of his ore and nd therefore we would prefer his appointment reappointment re to taking the char chat chances fees ices ot at a political adventurer of the stripe of some pre vidu ap tees who would drink with the drunken plot with the low schemers take the stump and spout libels at our local elections and make himself an object of disgust to all honorable citizens governor emery is at least gentlemark and that ia Is more than can b be said of any of big bis traduce traducers rs 0 1 |
