Show AMONG THE MORMONS The correspondent of Louis Leuis Globe Democrat who has been writ writ- writing writing writing ing from this city has furnished his paper considerable interesting resting in- in information information in information formation in which he has endeavored endeavored endeavored ored to present solid facts instead of giving i ving opinions based baaed on rumor as asis asis is 18 the custom with most traveling reporters W B S has a long letter in the Globe Democrat of October 3rd under the a above ove heading in which h he quotes freely from F A Browns Brown's address to the Third District Court which contains some pungent truths in regard to the prosecutions against the Mormons The letter also contains a brief account of several cases in which parties were severely I punished for what could only be re- re regarded regarded re regarded as technical offenses if they were an any infraction of th the law at all And it is introduced with the following condensed condense history of proceedings under the Edmu Edmunds Act will be sufficient to show th the style and spirit of this correspondence correspondence corres- corres M Th The other portions have 11 l 1 l l t AZ-t- been published before in this paper and therefore need not be reproduced reproduced reproduced although they make very good reading reading- W B S says SALT tALT LAKE CITY Utah Septem Septem- September September September ber 28 The 28 28 The Edmunds act became a law in 1882 After seven years the courts and the he people of Utah are finding out what the law Jaw means This mutual understanding has been reached at the cost of 1100 HOU convictions convictions convictions This process of getti getting ng ac- ac acquainted acquainted ac acquainted with the law has been at- at attended attended at attended tended by some remarkable trials and more remarkable decisions The rhe Edmunds act was passed in 1882 but there were no prosecutions until the fall of 1887 The he principal reason given by the Gentiles for the thed is d delay is that they knew it would be useless to prosecute with any Mor Mor- Mormons Mormons Mormons mons on the jury In Utah the jury j ury list is made up by the Clerk of th the Court and the Probate Judge Each of these officials puts in names Until the law was changed the Pro Pro- Probate Probate Probate bate Judges were Mormons and th the lists were made up of halt half Mormons and half Gentiles s By the change the appointment of the Probate Judges was transferred tr to the United States government and ana Gen Gen- Gentiles Gentiles Gentiles tiles wore appointed to these offices This at once excluded Mormons from all jury lists not only in criminal but in civil cases This is the law in effect today When the list o of made up each year by bythe bythe bythe the Clerk and the Probate Judge is exhausted the United States Mar Mar- Marshal Marshal Marshal summons such men as he sees tit fit for jury service Th The first point the Mormons carried to the Supreme Court was made against this method of letting th the Marshal select the jury The Supreme Court sustained the Gentile side of the question The next point which went up was made against the practice here of making a man commence serving his sentence upon his bis conviction Y regardless of the fact that an a n appeal may be allowed Again the Mor Mor- Mormons Mormons Mormons mons were overruled must go to jail as soon as sentenced There is no bailing to await the re- re result result re result sult of an appeal The third issue and the greatest of all aU was the one mentioned at the beginning of this letter It was developed in the case of Angus M Cannon a prominent member of the Church Mr Cannon had liv lived d din r in a house separated so as to acom accommodate accommodate two families He offered evidence to show that he had oc- oc occupied occupied oc occupied a separate room and had had no Intercourse with his plural wife The evidence was rejected a ver ver- verdict verdict verdict dict of guilty was given and the case went to the Supreme Court of the United States eliciting the rul- rul ruling ruling rul ruling ing already quoted Since then there has been b n little trouble about convictions Three times the Mormons were knocked out on the points they raised against the constructions put upon the law by the Territorial courts The fourth issue went the theother theother theother other way It was the application of of the principle of segregation to the J- J offense The Territorial Court a ad- ad admitted ad admitted it but the Su Supreme preme Court re- re refused refused re refused fused to sustain it Lorenzo Snow the Apostle had bad been indicted on three charges Two years and eleven months had elapsed si since nce the passage of the law One charge al- al al alleged the alleged the offense for one year another another er for or another year and the third I applied the complaint to th the remain remain- remaining remaining remaining ing eleven months Apostle Snow produced evidence that he had lived with but one wife during the period He was declared guilty not once but three times and given the full six penalty penalty six months under each indictment indictment making a ter term of eighteen ei months The The Th Supreme Court knocked the segregation principle in the head On the same principle so read the decision there might have been an indictment covering each of the thirty-five thirty months with im- im imprisonment im imprisonment for seventeen and one half years or fines amounting to r or even an indictment coverIng every week with imprison imprison- imprisonment imprisonment imprisonment ment for seventy-four seventy years and fines amounting to and so soon soon soon on for a smaller period of time It is to prevent such an application of the penal laws that the rule has obtained that a continuing continuing ing g offense of the character of the theone theone theone one in this case can ean be committed but once for the purpose of indict indict- indictment Indictment indictment ment or prosecution prior or to the time the prosecution is instituted Segregation went by the board Gradually the territorial courts have discovered cov red how far they can go with their construction of the Edmunds act to make it fit tit the situation Gradually also the Mormons with plural wives have learned that this is a l legal al trap designed to catch and punish them regard regardless s of pre pre- precedents precedents ced tech technicalities or ordinary i in- in interpretations in interpretations n- n It might not be entitled an act to suppose polygamy by such construction as the Judges shall deem necessary Ii a aT T 1 r J 2 A L i |