Show THE RIGHT triumphant THE decision of the supreme court of the united states in the nielsen case appealed krom from the first district court of utah as was expected reverses the dec decision jon of the lower court and releases the defendant from the penitentiary I ile he le will be set at liberty as soon as aa official advices advises can be obtained the history of the case has been detailed in these columns the brief of counsel for the appellant has been summarized and the able argument of ron hon IT 8 13 richards on his behalf has been given to our readers in full the court of last resort agree with taft defendant defenda nV counsel and decide that a man cannot be convicted of two different offenses which a are covered by the same i Arans transaction action A man cannot be punished for the offense of adultery who has been convicted convict edof of unlawful cohabitation when the former offense is a alleged to have been committed during the time of the cohabitation of course not will be the response reposo of most people who know anything of constitutional law or common justice A man cannot be legally legall y punished or placed in jeopardy twice for the same offense but strange to say this very thing has been attempted in utah in different ways in a pretended effort to make the people of utah have extra ra respect for the law and its tors I 1 the famous or rather infamous segregation scheme was was of this character it was spoiled by the supreme court ot of the united states the latest plan to 1111 inflict niL double punishment has been defeated by the same judicial authority in both cases our native utah attorney attorn ey has been the active counsel ape nc the th e chief mover and adviser in the legal controversy his success is gratify ing as his labors have been and performed in the as face of much opposition and many difficulties cul ties whichard which chare are not apt generally known or appreciated brother richards is in every way worthy af pf of his laurels 5 it is to be featly regretted that 2 either attorneys or judges will ablow anti mormon prejudice to airest an ecla them in the discharge of their is 41 duties the cry was raise dalseg many years ago that the laws T should be enforced in utah as st other parts parte of the united states to that there will be little but who that is acquainted with the V facts facia and the situation laere here can SAY aay candidly that this has been thi the rule since the special raid upon a cert claw class of community this was inaam 1 the th chief justice on W bench at the time ann his opinion that the penal of the law of congress were not sufficient efficient and that he wished they could be made more severe then mine the he shameful cruel and lawless segregation 11 plot by which defendants were made to suffer more than the full measures of lawful punishment it was done vindictively maliciously and cunningly with the understanding that it was not lot sound in law but with the belief that it could n not i of be appealed from bom and that the unfortunate victims of the scheme were at the mercy of their shameless and inhuman persecutors this later scheme was devised I 1 in n similar spirit it has met with a 81 similar rallar fate thattis Tha fris eminently proper the two cases caida should be a lesson to those who are charged with tile the administration of the laws in tab the mormons cormons Mor mons are an unpopular people there are many their falth faith which are ob to other folks some of them are in a position which makes them appear hostile to one of the s h beof of their country in all other respects aspects they are conceded to be bod citizens useful members of the and now not openly or at discord with the law question why should there be oh a bitter and vengeful spirit in proceeding against them if the object is th induce people have been in a condition forbidden by special enactment to inform fOrm to te its provisions why should not a course be taken likely TO lead ieda to result stretchy stretching hl ng me law violating the well known provisions of common and constitutional law is not surely the best ay y to command respect for the wv it if would seem from experience and common knowledge of aan nature that the desired tqula alt is much mora more likely to be aught about by justice tempered aft h mere mercy Y and when the law st be enforced that it shall be ne as to in other parts paris of the united tes 1 and 0 in the spirit of legal and uncial ud cial fairness devoid of tem temper per bof adof special rigor the text of the decision has not ye t been received so far as it has en nude made known it is of great boue lu and will release from im prosecution a large number of persons who have been indic indicted ted ot who have been marked for fol double punishment we hope it fl be found to contain some rul up sa of the court on the main ques eions lons involved that will be a guide tria the courts and to the ade people of wh in ilk the settlement of the im portent issues between them and the majority of their fellow citizens citizen s in this great nation |