The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-02-17
THE NEW ANTI-POLYGAMY BILL.

In the Senate, yesterday, Senator Garland
introduced a bill from the judiciary committee
amendatory of the present law against big
amy and polygamy. Under the provisions of
the new bill, which is, Of course, aimed at the
institution of Mormonism, the man who con-
tracts a bisamo1ts or polygamous marriage is
liable to a fine of not more than five hundred
dollars and to a term of imprisonment not
exceeding five years. BY far the most I'M
portant section of the bill, however, is that
relating to the prosecution of polygamists, and
which provides that in all cases against the
v~iolators of the anti polygamy law those men
shall not be competent for jury service who
are or have been living in polygamy or who
believe that tenet of the Mormon faith to be
morally, religiously or legally right. As far
as the fine of five hundred dollars is con-
cerned it will have no weight in preventing
the Saints from the encouragement of marital
miscellaneousness, for in the event OF con-
viction of any member of the church, the
public moneys of the Territory or the tithing
Office fund will be used to defray all court
expenses. The term of five years imprison-
ment TO which convicted polygamists are
liable under the present law has long been a
subject of ridicule in Utah by both priest
and layman, for the simple reason
that conviction was impossible; but
in the event of the passage of Senator Gar
lands bill, that section making Mormons
incompetent for jury service in polygamous
,rnSanrtiopc will ,,oLo tho 1aW capahla 0f
enforcement, and We may reasonably expect
such cases to be successfully conducted on
behalf of the government. Heretofore, the
trials of polygamists have been farclal in the
extreme, for no matter how direct and posi-
tive the testimony of guilt, a conviction could
not under any circumstances be obtained
when Mormons composed a portion of the
jury. The people of the United States
and the government are regarded as
common enemies, and a Mormon
jurors oath to find a verdict according to the
evidence has no binding force when brought
claim, commanded the institution of polyg-
amous marriage. This is best evidenced by
the fact that notwithstanding the large num-
Der of Mormons who have been prosecuted
for the violation of the law of go, only two
(Reynolds and Miles) have been convicted
punished for the felony.
But though Senator Garland's bill is a step
in the right direction, it is yet deficient in one
important particular. 1t does not define the
nature Of the evidence necessary to prove a
polygamous marriage. 1t may be supposed
that the testimony of the officiating priest is
sufficient. and that a polygamous wife if put
under oath will not hesitate to assert her
marriage with the defendant, but experience
has shown that such testimony can not be
obtained. Polygamous marriages are con
tracted in an Ubiquitous institution known as
the Endowment House. whose sacred portals
no outsider is ever allowed to enter. The
presiding genius of the establishment Is gen
orally a high priest Of the Mormon Church.
who goes though some form of mummery unit
ing man and concubine. These priests when
calledu before a court of justice totestity % the
marriage of persons whom they themselves
married, will take a solemn oath to tell the
truth. the whole truth, and nothing but the
truth, and then 90 on to affirm with brazen
etrontery that they never saw the prisoner,
never saw his polyganious wife, and know
nothing whatever about the reputed marriage.
The polygamols wife, in nine cases out of
ten. will also deny all knowledge Of the cere
mony, and though she may have a babe in her
arms while giving the testimony, will stare
the prosecuting attorney out of rountenance
and swear she was never married to the de-
PENDANT. Cnde these circumstances is it
any wonder that conviction has been impos-
sible?
1t is evident. therefore, that though the sec
ton of Senator Garland'S bill excluding from
jury service Mormons or Mormon sympathisers
is eminently wise and we'll calculated to assist
in securing convictions, the bill is neverthe-
less deficient in that it does not define what
evidence shall he considered necessary to
prove a p~olygamOus alliance.