The Montana post. [volume] (Virginia City, Montana Territory [i.e. Mont.]) 1864-1869, 1868-01-11
WHOLE NO. III.

eiOn 10 the uoNerEOr; reNlSeS the luQiclal
system in regard TO jurors, the practice
of polygamy and the solemnization OF
marriages; annulls the acts of the Leg
islature disposing of the soil of the
United States, and exempting church
property from taxation, and provides the
qualification of electors. The bill is a
good one in it's provisions, but we sug-
gest here, that, if other acts of the United
States regarding Utah stand as dead
letters on the statute book, what ad-
vantage is to be derived from adding to
their number without providing for
their enforcement The following are
extracts from the bill, which is very
voluminous.
Citizens only of the United States shall be
competent TO serve as grand or petit jurors in
the Territory of Utah.
In the trial of any case in which the
United States shall be party; the United
States shall have the same right to challenge
jurors that the other party has.
The probate judges shall be appointed by the
governor.
In all cases Of election by baiiot H. shall be
/ unlawful for any person Co put any mark, fig
ure or device upon such ballot, whereby any
the ballot given. And any violation or
| attempt to vIola'e this provision shall be
deemed a crime, and upon conviction thereof
before a court having jurisdiction, the person
| offending may be punished by hne not exceed
ing five hundred dollars or by imprisonment
( in the penItentiHry not exceeding SIX months,
| or by both such fine and imprisonment, at the
discretion of the court. Aad at alb elections
none but male citizens of the United States,
! over twenty y-one years of age, residing in the
L aesla II or
qualified by the conviction of some crime,
! shall be competent voters.
{ There shall be IN the militia of said Terri
] tory $50 uficeE of higher rank or grade thar
! that of major general, aud all officers, civil
and Military, shall De selected, appointed, and
commissioned by the governor; and every
person who shall act or attempt TO act as an
! other, either civil or military, without being
fsst commissioned by the governor, and quill-
| fed by taking the proper oath, shall bs deemed
| guilty of n mlsdemeanor, and upon conviction
| thereof, shall be subject to a fine not exceed
ing one thousand dollars and imprisonment IN
| the penitentiary not exceeding enc year, or
both such fine and imprisonment at che dis
cretion of the court.
Marriage in said Territory may be solemn
lied only by any of the justices of the supreme
court, justices of the peace duly elected and
qualified, In their proper townships or pre-
cincts, or by any priest or minister OF the gos-
pei regularly ordained and settled or establish
I >
ties Competent to enter into the marriage
contract. And the person sOlemnlzing such
marriage shall sign and deliver TO the husband
and the wife certificate thereof, wherein
shall be set forth the names, the ages, and
places of residence of the parties, and the
place nnd date Of such solemnIzatIon, togeth-
er with names of witnesses, no" less than two,
present ut such solsmniZatiou; which certih-
cate may be recorded In the Office OF the prop
er register of the county, and such certificates,
4..1s- - u.N aNaNN ha
dence In any court OF the facts therein set
forth, as above required.
If any officer herein authorized to solemn
lze marriages shall, knowingly and wllEully,
s0lemDize marriage In which eithar OF the
parties disqualified 20 enter into tue mar
riage contract, he shall be deemed guilty of a
misdemeanor, and upon conviction thereof
before court having competent jurisdiction,
be shall be sentenced and pay fine OF not less
than one hundred dollars nor more than hye
hundred dollars, aud stand committed until
the fine shall be paid.
The bill after designating numerous ordi-
naTces granting lands and privileges to GER
tain parties declares them, and all other laws
and parts of laws of Utah Territory which Iu
any way interfere with the primary disposal
of the soil by the United States, are hereby
disapproVed and anDulled.
All that part of section two, OF act or ordl-
nance entitled an ordinance Incorporating
the Church Of Jesus Christ of Latter Day
sonal property of said church snail be free
from taxstion and all that part of section
three, OF said ordinance, which declares that
the said church has the original right to sol
emniEe marriages compatible with the reveia-
uous. Of Jesus Christ; and also, all that part
of said section which declares that said church
does and shall possess aud enjoy continually
the power and auShorlty in and OF itself to
originate, make, pass, and establish rules,
regulations, ordinances, laws, custoTs, and
criIerions for the good order, safety, govern
ment, conyepiencies, comfort, and control OF
said church, and for the punishment or for
giveness of all offences relative to felloSshlpt
according TO church coTenants--that the pur-
suit of bliss and the enjoyment of life, in ev-
cry capacity of public associations and dc
mestic happiness, temporal expansion or splr-
ituRl increase upon earth may not legally be
questioned-be, and the same Is hereby, dis
approved and annulled.
The registry of marriages, births, ard
deaths, required in the fourth section OF said
ordinances to be kept, shall be at all times
at reasonable hours, open and free Tor the IN
spection and examination of all persons. And
any refusal to exhibit the said registry of
marriages, births and deaths, kept at any
branch or station, or ar any other placs under
the authority and direction of said church or
for Its use, shall be deemed mlsdemeanor-
IL shall not be lawful for said church TO
Its officers or members as such TO grant diVor-
ces or solemniLe merTiages.
The trustees of the church are required 20
make, In November of each year, a full report
to the governor of the real and personal prop
erty of the church.
An commissions and appointments, both
civil and military, heretofore made or issued,
or which may be made or issued before the
first day Of January, eighteen hundred and
sixto-seyen, shall cease and determine on that
day, and shall be of no effect o. validity there
after.
In prosecutions for the crime of polygamy,
proof of cohabitatiOn by the accused as hus-
band OF wife, or the Acknowledgements OF the
party accused of the existence of the matrl-
morial relation of husband wife, shall be
sufficient 20 sustain the prosecution.