Show HERES AMNESTY DEFINED when the modified jurors oath elsewhere had been which appears for the third district court yesterday afternoon the was a mixed that the time had come when judge zise would be willing to give his bin opinion on the intent the public to 0 o and ad scope of the presidents s proclamation the opportunity to solicit ai a i expression from fiem him came this morning imperfect and rather aniu when an telli tilli Kible gible report 0 of f what his honor was quoted as having said to a reporter ol of temporary was called to a morning oo his hs attention it la is with Dle pleasure asure ind and satisfaction that the fj following lOwing opinion given in bis big exact words worda is presented to tb the P public bublic the interview in this mornings herald to which you call my attention was obtained upon the street and I 1 presume the reporter failed to com or rem remember enaber accurately what aid scald I 1 will state more fully what I 1 intended him and the public to understand athe the amnesty proclamation as a it appeared concludes 11 1 I in the papers jal zim president of I 1 n harrison Harria oD the united state biatek I 1 do hereby declare and grant full fuli amnesty and anci pardon to all persons liable to k the penalties of said not act by reason of unlawful cohabitation under was dwter of polygamous or plural marriage who since november 1 1890 have abstained nod from such unlawful cohabitation but upon the express condition that they shall lo in future faithfully falth tully obey the jaws ot of the united states hereinbefore named joac etc from estrom this it appears that the pardon and amnesty is confined to the crime of unlawful cohabitation anti anil it extends to all who committed thu the ottense prior to november 1 1890 and who have obeyed WO law since and ave h ve not been convicted convict ea ai well me as to those convicted of that offense lense of if the offense was waa before that date the amnesty and pardon applies though convicted afterwards all the penalties and disabilities ot such offense are removed and the person peram so amnet amnestied tied and pardoned may hold offices office vote and sit on juries 49 the amnesty and pardon does not reach or apply to persons persona convicted convict eu 11 of polygamy bigamy incest adultery or fornication the statute of limitations of three years applies to these offenses eDeeB not affected by the amnesty and pardon A person convicted of unlawful cohabitation committed before nov lit let 1890 and who afterwards obeys the low law may sit lt on a jury hold office or vote rho fb oath prescribed for jurors was changed so as to permit persons persona pardoned and amnestied to take it it still requires jurors to state on oth oath that they have not been convicted of polygamy bigamy incest adultery or fornication cation instead of requiring the juror to state that he be Is in not a and that he IOB does not associate or cohabit with persons of the other sex he in ia required in the oath to state the legal effect of those terms viz that he be does not claim recognize or associate a to with wore more than one woman as wife if a man separates separ atee from his polygamous wife and does not claim recognize or associate with her as 8 his hia wife he to la not a polygamist in a legal sense he cannot be unless unites he be at the same time intends to renew such polygamous association A man cannot obtain a divorce from hia big polygamous wife because there is no marriage contract nor never was to dissolve such a contract is utter y void the law condemns it and when the parties separate parte se with the intention of living separate and apart and with the intent not to associate as man and wife an and continue such separation reparation with such intention the polygamous relation Is ia ended that is ia the only effectual way that such euch a relation can be terminated if a divorce could be granted it would not sunder thel the rela tion without such euch separation nor would amnesty and pardon terminate it without such euch aeo it is not necessary that any formal agreement in writing or otherwise should be entered into if anere to la such an understanding in the mind of the party and he ceases to associate with his hie plural wife in law he to ia not a polygamist iet and after such separation as bougas long as such intent continues he may furnish her support if he chooses as he be may any other woman or any man or child chii in flu society an individual assumes many relations usually they are lawful ones but some people assume unlawful ones the polygamous relation belongs to the latter and a lawful marriage belongs to the for former mere later in the day a news re presenta tive five sought out oat governor arthur it thomas and obtained from him the following expression of opinion it will be observed that the head of the executive department an a well astae as the head of the judicial department of the territory emphasize and agree with the views already expressed by this paper the governor says the question que atlon Is ie dow the pardon restore the right of a person laed under moo 8 of the edmunds law jaw a approved march 22 1882 to vote and hold office to vote veto one must register and take the oath prescribed in sec 24 of the edmunds tucker sot act to hold office affife one must be a voter qualified to register and vote and since the passage of the edmunds tucker act the official oaths have been made to conform to see sec 24 of the act following what seemed to me the effect of the decision of the supreme court ot of the united states in re gar land I 1 had bad supposed suppo eed the pardon removed all political disabilities imposed directly or indirectly as a c use nee quence of the offenses pardoned but others now claim basing their opinion mainly on the decision of the united states supreme court in re murphy et Q a and especially the language on pages 42 and 48 thal the pardon does not affect or remove political disabilities or restore the right to vote or hold bold moo the rhe court held that section 8 did not attach a pe penalty alty to bigamy or any crime and hence was not an ex post law it was held by the court there was IS a passive status hiatus in which one who had previously committed a crime remained though he was only living with one woman was violating no law and add the offense itself was barred and that this status remained until he in some way not pointed out ly by the decision should get rid of this status which characterized him as a polygamist within the mean ing of section 8 of the abe law this passive and in itself innocent status has occasioned much difficulty and has stood in the way of men honestly desiring to obey all laws and it to ie now claimed that as it to is not punishable and the disfranchisement not a penalty for 14 a crime it is only a law prescribing the qualifications of voters and nt affected by the pardon the argument agali A t the effect of the amnesty does not net oon convince vines me giving full effect to the language of the court and applying it to we the cases cam and questions before it I 1 do not in the decision so as to limit the effect of the pardon the status of a polygamist could not dot exist as a consequence of a crime rind and no less a crime because it was not punished and the prosecution barred the maintenance of this status the court says makes the person a polygamist within the meaning of section 8 and as this moral wrong Is in continuous the law to is not an ex post facto one I 1 do not find the court says this is not a penalty for the status and if section 8 is read with other provisions the whole seems to be a penal act I 1 cannot see why pardon does not reach the crime and all its political effects and disabilities and provide a way out of the status which the court did not point out and which the parties themselves have been unable to find and the polygamous relation is unlawful but there is no way it can be dissolved except by the mutual consent of the parties and noway no way pointed out by the law or the court for him to be restored to his former political status the amnesty it seems to me provides the way and any person who has not since the date fixed by the pardon violated the law can vote and hold office when a man lives with a woman in wn aa unlawful relation the crime of that relation comes ceases upon the actual separation of the man and woman and the pardon it seems to me cures the wrong committed prior too to he separation |