Show AFFIRMED the court decision in the cannon case THE dissenting DIS SENTINO JUSTICES the of the Supreme Court of utah as to cohabitation Is by western abd iresa to the HERALD washington dec 14 the supreme court today to day affirmed the judgment of the court of atah in the caso 0 angus M cannon plaintiff in error against the united states cannon was indicted under the edmunds act for unlawful cohabitation with more than one woman defendant objected to the giving of any evidence on the ground that the indictment did not allege that he was a male person nor that cohabitation was with the women as wives the objection was overruled and a verdict of guilty returned and defendant was sentenced to pay a fine of and to be imprisoned for six months and to bo further imprisoned till the payment of the fine the principal question wa the construction of section 3 depending on the meaning of the word cohabit as used in it and judge blatchford in his opinion says the court properly charged the jury that tho defendant was to bo found guilty if he lived in tho same house with tho three women and ate at their respective spec tive tables one third of his time or thereabouts and bield out to the world by liis language or conduct all as ills wives and thatis waa not necessary it should by shown that he and the three women or either of them occupied the same bed or slept in the same room or that he had sexual intercourse with them it is the practice of unlawful cohabitation with more than one woman eliat is aimed at a cohabitation classed with polygamy poly eamy and having its outward semblance it is not on the one h un marital intercourse ter course with more than one woman general legislation as to lewd practices is left to the territorial government nor on the other hand does the statute pry into tho intimacies cies of the marriage relation but it seeks not only to punish bigamy and polygamy when proof of the existence of relations can be made but to prevent a man from flaunting in the lace of the world the ostentation and opportunities of a bigamous household with all the outward appear continuance of the same relations which existed before the act was passed and without reference to what may occur in the privacy of those relations and again in the spirit of the interpretation terp a man cohabits with more than one woman in sections 3 5 and 8 of the act when holding out to the world two women as his wives by language or conduct or by both he lives in the house with them and eats at tho table of each a portion of his time although he does not oc cupy the samo bed or sleep in the room with either of them or actually has sexual intercourse with either of them ho holds two women out to the world as his by his conduct when children of each all in the same house with lihn solf and regularly eats at the table af each and acts as the head of the two families the opinion gies websters definition of the word cohabit and says section 3 of the act was intended to reach the exhibition of all indicia of marriage a household and a family twice repeated objections to the indictment because it does pot allege that tho defendant was a male person nor that lie cohabited with two women as his wives or as persons as wives are overruled under the criminal procedure act of having pleaded and not demurred and being to have understood distinctly that the charge was against the male beraun and was for cohabiting with the women as wives and not having been poeju dicea diced by the failure to so allege the opinion concludes with the statement that a strong appeal was made in the argument not to uphold the rulings of the trial court because that would require tho polygamous husband not only to cease living with his plural wives bufalko to abandon the women theme elvea and alio supreme court of the united states was asked to indicate what the conduct of the husband towards them must be in order to conform to the requirement qui rement of the law the lav bays no cobit can bay in advance what particular states of things will bo lawful further than that man must not cohabit more than one woman in the sense of the word cohabit as defined while congress had alio issue of polygamous marriages born before january ast 1st it had left the conduct of the man towards tho polygamous wife to bo regulated by considerations which outside are not covered by the statute and which must bo dealt with judicially when properly presented from the decision of he court justices miller and field dissented justice miller in hia dissection dis sention of the decision des ision said 1 I think the act of congress when prohibiting cohabitation with morn than one woman means unlawful habitual sexual in ter course it 3 in my opinion a strained construction of a highly penal to hold eliat tho men can be guilty under that statute without tho of actual sexual connection 1 know of no instance in which the word been used to describe n criminal of beneo when it did not imply 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