Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1881-12-15

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our judicial tribunals. But it has now be-
come apparent that an immense increase Of
litigation has directly resulted from the
wonderful growth and development of the
country. There is no ground for the belief
that the business of the United States Courts
will ever be less in volume than at present
Indeed, that it is likely to be much greater
is generally recognized by the bench and bar.
In view of the fact that Congress has already
given much consideration to this subject, l
make no suggestion as to detail, but express
the hope that your deliberations may result
in such legislation as will give early relief to
our overburdened Courts. The acting At
torney General also calls attention to the dis.
turbance of the public tranquility during the
past year in the Territory of Arizona. A
band of armed desperadoes, known as "Cow
Boys" probably numbering from 30 to 100
men, have been engaged for months in COM
hitting acts Of lawlessness and brutality
which the local authorities have been unable
to repress. The depredations of these Cow
Boys" have also extended into Mexico, which
the marauders reach from the Arizona from
tier. With every disposition to meet the exi.
gencies of the case, I am embarrassed by q
lack of authority to deal with them efectual.
ly. The punishment of crimes committed
within Arizona should ordinarily, of course,
be left to the Territorial authorities. But it
is worthy of consideration whether the acts
which necessarily tend to embroil the United
States with eighboring Governments should
not be declared crimes against the United
States. Some of the incursions alluded to
may perhaps be within the scope of the law
full Revised Statutes, section 5,286 (forbidding
military expeditions or enterprises" against
friendly States), but in view of the speedy
assembling of your body, I have preferred
to await such legislation as in your wisdom
the occasion may seem to demand. 1t may,
perhaps, be thought proper that the setting
on foot within our own territory of brigand-
age and armed marauding expeditions against
friendly nations and their citizens shall be
punished as an ofense against the United
States. will add that in the event of
request from the Territorial government for
protection by the United States against "do-
mestic violence" this Government would be
powerless to render assistance. The act Of
1895, chapter 36, passed at time when Ter
ritorial governments received little attention
from Congress, enforced this duty of the
United States only as to the State govern
ments. But the act of 1907, chapter 80, ap-
piled also to Territories. This law seems to
have remained in force until the revision Of
the statutes, when the provision for the
Territories was dropped. am not advised
whether this alteration was Intentional or
accidental, but as it seems to me that the
Territories should be afforded the protection
which is accorded to the States by the Con-
stitution, I suggest legislation to that end.
1t seems to me, too, that whatever views may
prevail as to the policy Of recent legislation
by which the army has ceased to be part
of the posse comitatus, an exception might
we'll be made for permitting the military to
assist the civil Territorial authorities in en-
forcing the laws of the United States. This
use of the army would not seem to be within
the alleged evil against which that legisla.
tion was aimed. From the sparseness Of
population and other circumstances, it is
often quite impracticable to summon civil
posse in places where the officers of justice
require assistance, and where a military
force is within easy reach.
The Department of the Interior next claims
his attention, in connection with which the
Indian problem is discussed at length.
Among other recommendations, he advises
liberal appropriations for the maintenance of
Indian schools.
On the subject of polygamy and the mar.
riage relation in the Territory of Utah, he
says: For many years the Executive in his
annual message to Congress, has urged the
necessity of stringent legislation for the sup.
preston Of fpolyamy in the Territories, and es-
pecially in the Territory of Utah. The ex-
isting statute for the punishment of this odi-
GUS crime, so revolving to the moral and re-
ligious sense of Christendom, has been per.
sistently and contemptuously violated ever
since its enactment Indeed, in spite of com.
mendable efforts on the part of the authorities
who represent the United States in that Ter
ritory, the law has in very rare instances been
enforced, and for cause, to which reference
will presently made, is practically dead
letter. The fact that adherents of the Nor
mon Church, which rests upon polygamy as
its cornerstone, have recently been peopling
in large numbers Idaho, Arizona and other
Of our Western Territories, is we'll calculated
to excite the liveliest interest and apprehen'
sion. 1t imposes upon Congress and the Ex.
ecutive the duty of arraying against this bar
barous system all the power which, under the
Constitution and the law, they can WELD for
its destruction. Reference has been already
made to the obstacles which the United States
officers have encountered in their efforts to
punish violations of law. Prominent among
these obstacles is the difficulty Of procuring
legal evidence to warrant conviction, even
in the case of the most notorious offenders.
Your attention is called to a recent opinion
of the Supreme Court of the United States,
explaining its judgment of reversal in the
case of Miles. who had been convicted of
bigamy in Utah. The Court refers to the
fact that the secrecy attending the celebra-
ton of marriages in that Territory makes
the proof of polygamy very difficult, and
the propriety is suggested of modifying the
law of evidence, which now makes wife
incompetent to testify against her husband.
This suggestion is approved. l recommend,
also, the passage of an act providing that in
the Territories of the United States, the fact
that woman has been married to person
charged with bigamy shall not disqualify her
as witness. upon his trial for that ofense. l
further recommend legislation by which any
person solemnizing marriage in any of the
Territories shall be required, under stringent
penalties for neglect or refusal, to file GER
tifcate of such marriage in the Supreme
Court Of the Territory. Doubtless Congress
may devise practicable measures for obviating
the difficulties which have hitherto attended
the efforts to suppress this iniquitY. | assure