Show THE LATEST cohabitation construction i I 1 i aw attempt was made by judge zane on Tuesday Tu esay to atye another definition of the term unlawful cohabitation under the edmunds act this as he understands it itis is the rul ruling ingot 0 the supreme court 0 of the territory now the court of last resort in cohabitation cases it means when stripped of be he rags of verbiage and circumlocution thrown around it any association whatever of a man with a woman claiming to be his plural wile wife after all the changes and vicissitudes to which this simple phrase in the ed munds law has been subject since its ita premature birth amid great excite ment it now stands before us to be viewed as it is today to day what it may be made to look alike ft like tomorrow to morrow no mortal beingman bein being gean can predict with certainty it is doubtful if even the supreme court with whom judge zane differed at the time of their ruling will accept his explanation of their construction forthe for the present we know what a mormon is expected to promise when he agrees te I 1 obey the law as construed by toe the courts A man who has married a plural wife for time and all eternity must pledge himself not to associate with her any more even under the most harmless conditions anything n g indicating n c ng that relation f J judge zane e says would 0 be evidence of cohabitation that at is whether the man and woman actually cohabited lived together or not no 11 an v y association of any kin kind 11 s such as visiting R the house or associating WI with her in public places at church or the theatre or other places would be evidence evL dence of cohabitation an and to sum it up the judge admits his ina inability clity to what would or would not be construed to mean cohabitation ina in a case cake before a jury j ury loaft so after er alano man who has a plural wife alive can tell what his conduct must be towards her to escape the twists and quirks and traps and snares of the law as construed sa s1 by the courts judge u e zane ane says the decision of the supreme u re e court ourt of the territory is that A lawful marriage apol and the ac no ledge eat of that relation in this tU district strict is conclusive evidence of cohabitation as to the lawful wife and no evidence can be admitted to contradict cohabitation that is the kind of law as construed by the courts dealt out for the special prosecution of normans mormons Mor Nor mons 11 we challenge the production of any precedent for such brulin a ruling g never since courts have been empowered to deff dense he laws has a declaration like this been made from tile the bench it is contrary to well known and undisputed rules rates it violates the jurisprudence of centuries pr presumption tio ft that may not be disproved by evidence is a new thing under the legal sufi sun it is fabricated and fashioned especially for the prosecution of mormons cormons Mor mons and is a monstrosity y and an absurdity as twell as an outrage marriage and cohabitation are two different things the latter may be presumed from the former but every presumption may be by evidence A ruling that says such evidence shall not be introduced is e equivalent in to saying an accused person shall be we vented from of ferins evidence in his own defence cohabitation with the legal wife being thus presumed whether it exists or no botand not tand and the defendant being de barred from disproving its existence all that is necessary to convict a mormon of unlawful cohabitation is to prove that he has visited or associated with a plural wife or as judge zane puts it with one claiming to be his plural ah war that association mry be simply at church or at the theatre or other public place thus a married mormon if lie he goes to church or orthe the theatre or some other pubic place with a woman who claims to be his plural wife can be put to prison tor for any length of tinie time the prosecution may please and to pay any amount of money that highl be named if ne i e never meets the woman alone for a s second e con d under aay circumstances whatever aal this his is no fanciful view of the matter r but represents the facts an indictment may be found for every day in the year as s ruled by judge powers and penalties may be multiplied till imprisonment runs beyond the term of a mans natural life and fines lines are irai imi posed enough to swallow w upa ul a fortune fort gue if a married mormon associates even in public with a plural wife or one who claims to be his plural wife that is all in the decisions of the utah courts in refard regard to the law which tile the mormons cormons Mor mons are abused for not prom ising to 0 obey in judg judge e ennels zanes harangue to royal B young in response to the defendants manly and quiet explanation of his position he be contradicted his own definition odthe of the requirement of the law seeing the ridiculous consequences of that explanation he said it is not necessary mr young that you wont speak to these women or that you wont attend ave th e same church with them or that you wont even call on them under circumstances that would not indicate that they were wives and abid yet he had bad but a few minutes before stated that such association with them would be sufficient evidence of unlawful cohabitation and hastening to qualify his remarks he added the fact of your associating with a polygamous wife colors all your association with that woman who claims to be your polygamous wife and all your associations speaking to her meeting with her are attended with great difficulty fi and the only sure safe way would be to keep away thus after all a mormon who has a plural wife is in danger of indefinite imprisonment and fine if he is seen to speak with her or should meet her in church or the theatre or any other public place and axa bear this in mind by the ruling of this same judge if if a I 1 gentile who has a wife should commit the most debasing and infamous acts of debauchery with a woman not claiming to be his wife he cannot be punished unless his lewdness is committed in open view of the public this is how the law is construed by the courts in utah royal B young said rightly when asked to promise to obey the law so construed 9 1 I could not your honor make such promises promises as that 1 I would be grande branded ct as a coward my own conscience would smite me thus so will every defendant say ay who is a man A mormon who has married wives under sacred and eternal covenants and who for the sake of escaping fine and imprisonment will promise to cast them off with their children never visit them in the direst afflic affliction tion retrain refrain from going near them at the death or sickness of their and his own offspring would be deserving of far more vigorous epithets than those premised by mr young we are ashamed to think that a judge in this boasted land of liberty and justice would utter f from ron the bench such monstrous edicts and call them law as judge zane pronounced on tuesday he gravely sat in court and explained as the terrible crime of royal B young for which hlf he multiplied upon him the penalties of the law that he had visited his plural wife while she was in the throes threes of childbearing child bes bearing ring and at another time when his chila child was dying has humanity fled from the courts of utah Is the administration of the law here a tragedy or a farce can any respect be felt for a law capable of 0 f such villainous perversion or the 0 ff i cers who administer it in so despicable a manner we hope this decision and that speech of judge zanes will find their way into the hands of all the leading men of tile the general gover ment an administration that thair will sustain such doings is unworthy of the support of the country and will certainly arouse the displeasure of the great ruler baler of the universe we find it difficult to repress the resentment sent ment that naturally arises over such perversions of law and outrages upon i justice tice as are becoming common in fu this is raid against the saints but we know that redress will come in due time asid and that he who knows and judges all things will in his own way make rhani manifest if es t hi his is anger and smite with Hs his mighty hand the wicked and unjust from the judgment seat we are willing to wait with patience and bide our time |