Morning journal and courier., 1881-01-10
Monday Morning. Jan. 10. 1881.
A BLOW AT POLYGAMY.

A BLOW AT POLYGAMY.
 The next Congress will probably not be disgraced by having Mormon polygamist as member, Apostle Cannon having been | refused certificate of election by Governor
 Murray, of Utah.
 The history of the case which has thus
 been decided is interesting and important. It was not denied. that Apostle Cannon had a large majority of the votes cast for delegate to Congress from Utah, but Allen G. Camp
 bell, his 'sGenti1e'' opponent, protested against the issue of certificate of election to him on the ground, among others. that he is not citizen of the United States, and
 being polygamist, is not capable of becom-
 ing citizen in good faith. Therefore the votes cast for Cannon must be held void, and
 he (CampbeI) being the only eligible candi-
 date running at the election, must have been
 elected and the Governors certificate should
 be issued accordingly. Cannon, in his reply,
 claimed that he was naturaized in due and
 legal form twenty-six years ago, and that if
 he were polygamist, as charged by Camp
 bell, it would not disqualify him for the of
 fee of delegate. In the argument of the
 case before Governor Murray it was shown
 by copy of the actual record of the court
 in which Cannon claims to have been natural
 ized, properly certified by the clerk of said
 court, that on the day when Cannon claims
 to have been naturalized no such naturaliza-
 tion proceedings took place. The clerk also
 testified, under his seal, that from the organi-
 zation of the court until the present time,
 he having examined them carefully, he was
 unable to find any record in any of said rec
 ords of the naturalization of George Q. Can
 non. The pretended certificate relied upon
 by Cannon does not purport to be an exem-
 plifcation of any record of any court of rec
 ord, and is, therefore, void on it's face; no
 such record of the naturalization of Cannon
 in open court signed by the judge exists, and the naturalization act in force at that time makes such record the only proof of the fact
 without which, the statute says, the party shall not be deemed to be citizen. It was argued by Cannons counsel that if all this were true the Governor was not authorized to take cognizance of it. It should be left to the House of Representa- tives. The Governor did not take that view of it. The act of Congress organizing Utah says the Governor shall declare the person who received the greatest number of votes duly elected, and shall certify accordingly. An act of Congress, approved June 8, 1872, provided that no person shall be capable of voting or holding office in any Ter ritory who is not citizen of the United States, excluding such as had merely declared their intentions to become such. The Gov ernor held that this action of Congress and of the Territory bound him to take cogni- zance of the fact, which he considered estab- &shed, that Cannon is an alien, and is there fore ineligible to hold the office of delegate. Under other circumstances says the Cover nor in his ruling, Cannon might become nat uralized before his term of office begins; but it is charged by Campbell, aad not denied by Cannon, that the latter is living in violation of the law of 1862 making polygamy felony, and cannot therefore be well disposed toward the government of the United States, not be- ing citizen and 5eing incapable from his profession and manner of life of taking the oath of naturalization in good faith and these facts having been notorious for years it follows that the votes cast for him as dele gate are lost; and Allen G. Campbell being the persona citizen of the United States and possessing all the other necessary qualif- received the greatest number of votes at said election, the Governor is bound by the law to declare said Campbell duly elected and to certify accordingly.
 This action of Governor Murray is very pleasing, and seems to be based on good law. Cannon vvil1 m doI,bt +rv fo cyat CoporasS to give him his seat, but though queer things are done by that body he will probably fail' and be discharged.