Show A STRAINED construction ay AN important examination of jurors was made in the third district court february 16 gentlemen well known in this community and whose word would be relied on in any society here were questioned closely by the assistant district attorney and by the court to in regard to their views concerning polygamy the questions and answers are inter as they develop the position occupied on this question by thinking men who are members of the imor mormon church they also demonstrate beyond dispute the fact that good citizens men of repute who never violated the law who believe it to be wrong to practice polygamy because the law prohibits it and the church forbids it and who would be governed by the law in dealing with a case of polygamy are an rejected as jurors because they do not think that apart from legislation human and divine on the subject it would be in essentially ritually ally wrong for a man to have more wives than one at the same time we do not wish to find fault with the learned judge who rejected these jurors for his bis judicial action because we think he decided according to his bis understanding of cf tho law specially provided lp IP such cases it is to be found in section five of the edmunds act which makes it a sufficient cause of challenge to any person summoned as an a juror or ina in a prosecution for bigamy polygamy or unlawful cohabitation that he be alieves wright it right for a man to have more than one living and wife at the same time or to live jive in the practice alc tlc of cohabiting with more than one woman 21 that to is the law now as to the judges interpretation of the law does this phrase he believes it rights right mean legally right or something else if a citizen believes it wrong under the law of the tha land and also under the rules of the church to do a certain thing and if he be would be governed by the law in passing upon a case of its infraction would not that fully cover the intent of the provision in the ed munds Act and would not he therefore be legally qualified ged too to serve as a juror we believe he would we do not believe that the intent of the law was waa to dive into a mans inner consciousness to the depth of hla his abstract belief on a lines question thoroughly settled as a matter of action mr jamee jame sharp takes the ground that it Is both morally and legally wrong to practice polygamy he does not believe it to be right for a man to have more wives than one or to practice up unlawful lawful cohabitation does not that fill the requirement of the law in thistle this the other mormons cormons Mor mons summoned as jurors occupy the same ground the facts are that the practice is forbidden both by the law and by the church therefore they think it is wrong but they are questioned as to what would be thet their r views under conditions that do not exist they are catechised catechi sed on questions of ethics apart from law and from present facts Is not that going beyond the purpose of the law and beyond the province of courts and court officials prohibition I 1 to is the law I 1 in n some states sunday laws prevail in some cities if a man believes it to be wrong under the law to buy or sell intoxicants or to buy or sell anything on sunday and would not break the law but would enforce it because it is the law is not that sufficient for any lawful purpose would it be anything against his position if he believed that in the absence of any law human or divine against the traffic in liquor or against sabbath breaking there would be no essential crime in either we believe that the zeal of some officials against agaizo the departing practice of polygamy carries them beyond the bounds of true discretion and the legal interpretation of law and we think that abstract questions which have no bearing upon living action are ara not within the purview of the judiciary but should be relegated to their proper sphere whether it be of theology or philosophy or moral science we also think the third district dietrict court rejected some most excellent material for jurors by an extreme and u unnecessary construction of a provision the full signification of which is plain upon its face lio however wever we have no special desire to see any cormons mormons Mor mons serving on the grandeury gran grand jury djury |