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Show I j, J i j A THUNDERBOLT.. ; I ?J When Judge Zane a iew days since I $ told the Grand Jury, in answer to a ques- Ji tion by that body, that they could bring v ! I 1 1 ' one or more indictments against a man ;a ' ? i ' for unlawful cohabitation where the evi- ' j' h j dence was sufficient to warrant the con- ! S f; ; i f elusion that such a man had at divers H ,- Pjf times broken the law against unlawful ' ' ij i i f cohabitation, the decision fell like a !? 1 " i thunderbolt among those who were liable 1 to such indictments. The first to feel the ! f j I ' t effect of this decision is H. S. (Jowans, of j J J' I Tooele. Against him have been found ? ! 1 ; f three indictments under which ho was ; arraigned yesterday, and to which he 1 ( ' pleaded not guilty. The fact of these j j . three indictments having been found J - j against one man for a continuing crime ; I i seems to have thrown consternation and ' , ' , terror into the ranks of the polygamists. t ' ' And very justly may it do so. Why? ' , . Because under- that construction of the j ' law, and we believe that it is very gener- I I I ,. ! " ally accepted as correct by the members . j of the bar, continuing to live in unlawful i ! i , cohabitation may be punished indefin- l s j ' - iteiy. The rationale of it is that a I continuation of the crime is a con- ; i ' ; tinual' repetition of the crime, t and each repetition may bo pun- D ( , ished the same as the initiatory crime. This may seem harsh to a certain extent, v ! but is such a doctrine anymore harsh in j ; ' one claBS of crimes than in another? To ) " i those who persist in their practice of un- i . i lawful cohabitation there stares them in i i the face three incontrovertable facts, 5 v j which are : First, Continual flight from , 4 j! the officers of the law; Second, Continual i f! ! ; ! punishment by the law ; or, Third, Con- i .- ; it , tinual obedience to the law. These three i t i alternatives are presented to those who are I In !j in the predicament of Mr. Gowans. The ! i desire of every law-abiding citizen and j . i welhwisher of mankind is that they may ! j , render continual obedience to the law. j , Under no circumstances is it a pleasant (m i eight to see any man immurad in a prison, ii ; " no matter what his crime may have been i ! ' ' . . nor under what belief or conviction it ' j ! ; may have been committed. Neither is it i ( . a pleasant sight to see men persistently ; defying the laws, although those same ' men may fully believe that they have a ' l ight to violate and defy them because ; : they are in conflict with their ideas as to i , . , their religious or other rights. A religi- : : ; ous right is no more sacred than anj' other right, nor is a religious infringement infringe-ment of the law any moro to be excused : t han any other infringement of the law. The respect and consideration which j. ; are paid to the convictions of consciences in matters of religious rights are entirely I' , different from the rights themselves. J Rights of all kinds are independent of the consideration or disrespect in which they i : ; are held; and the tenacity and zeal in ' , ; i ; which a man . may claim a right are l J . j " j things entirely different from his title j ' ; thereto. (Hi: The endeavors of the officers of the : j ' law to suppress polygamy and unlawful ; ! cohabitation is one question, but aside ! i I from that immediate one there i . ; ! is this other question, To whom be M , ; r : long3 the right, in Utah, to say what y shall be and what shall not be a legal i nurriage and wheu a crime in relation : thereto has been committed, to the United j I - States or to the Mormon church? If the I , Mormon church has a right to declare a j ' . i marriage system and define the status ':, f thereof, it also has the right to say upon f what grounds divorces may be granted, i n n If the Mormon church has this right in f I . Utah under the Constitution, it has it ft ' . in every Territory - and State, not- i; - withstanding the autonomy of the f ; I ' States. When this pretension is i carried to its logical conclusion : ! : : it will be seen that the Mormon church i j has all rights and the United States none. ('.'j' The pretension is too absurd and prepos- i . tcrous to be entertained for a single mo- ment, and the Government will not allow I ? 1 it for a moment. Ii various members of J ; the Mormon church persist in their claim I I to this right and continue to violate the j ; laws against polygamy and unlawful co- . ; i . habitation, the suffering and imprison . ment which they may have to endure ' ? ' , they will bring upon themselves. ) i : Would it no ba well for the people of , ' " Utah to pause for a short while in their ; t j mad career of lawlessness and look upon j ' and think about the situation here as it s- Blind fanaticism and burning fnwizy ) seem to be their -only guides. That ; men in th fervor of religious zeal get into such a frame of mind as that jl j.' t just indicated as that of the people of Utah, l l , 'j we know, but how they do it we have i I never bean able to comprehend. It is nothing new, but on the contrary is very 1 old; but every time it comes it presents 'fj the same difficulties. The people of Utah y j have the power within themselves to ; j ; correct the present deplorable condition ; i j , of things, and they should use their I y power. For them to expect that, the law is going to yield to them is foolish- ji; ness in the extreme, and the sooner they : ; j recognize the fact the better it will be for ! them. They should also recognize ari- !i other important fact the Government ia I j. determined to suppress their unlawful ' i jractices at all hazards, and that any ; I supplementary legislation that may le needed to accomplish this end will be ! j '.nacted by CongresH. Now, what do : j j they propose to do? To the eye of reason 1 it looks as though they themselves would I: ; determine their own salvation or destruction.' destruc-tion.' May that determination be for ; salvation and obedience to the law. |
