The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-06-04
THE DEBATE.
Continuation Of the Cannon
Campbell Contest in the
H0use.
Mr.. RAENEY.
cOntiaued from Saturdays Daily.

save one, agreed in this, that contestan
was duly elected and returned and an.
titled TO the certificate Of election at th,
hands of the governor, instead of Mr.,
Campbell. It has been proved salts
| iactoTilY that be was nAturalized citi.
zen. over twenty-one years of spe, and
for many years resident Of Utah, Il Il
conceded that he therefore possessed al
the qualifications prescribed by the act,
Of Congress and the statutes Of Utah a.
the conditions of eligibility. By an ex.
animation Of these acts and statutes il
will be seen that the organic acts passed
by Congress (Revised Statutes, sections
1860, 1882 provide that the qualification
OF voters and of holding Office shall be
such ss may be prescribed by the Legis
lstive assembly Of each territory, subject
10 certain restrictions as to citizenship
and age; and that the statutes of Utah,
approved by Congress, Compiled Sta
tutes Of 1876, r. 81, 49, bav3 prescribed
qualifications accordingly in conformity
thereto; and that contestant in his person
answered all these requirements of law.
Section 1862 provides in effect that
every such delegate shall have q seat in
the House Of Representatives, with the
right Of debating but not of voting"
In this state of the facts snd the then
existing statutes il appeared to me that
the right of contestant TO seat folio we'd
as q conclusion of law; and that the
question of final right" submitted to the
committee was thus determined aud
their duty under the resolution of sub
mission discharged.
It appeared, however, in the record
that contestant was polygamist, and it
was claimed and held By majority of the
committee that this was dlsqualifca-
ton and should exclude him from the
seat as an unworthy person: while others,
including myself, held that this was a
fact affecting only the personal character
Of the contestant and furnishing only G
ground for expulsion, in accordance
with the practice of this House, and as
WaE determined after full consideration
and mature deliberstion in the Forty
third Congress in the case of Maxwell as.
Cannon.
The case stood thus in its fret aspect.
Since the report was made, however, an
act of Congress has been passed and ap-
proved by the Executive which expressly
provides that polygsmist shall not be
eligible for election to, or entitled to hold,
any public Office of trust, etc. And if
this act applies to the present contest and
disposes of it, the questions of law which
divided the committee become Of no con-
sequence save as abstract principles or in
so far as they may affect the validity and
operation of the eighth section of this act
in the future. l may be permitted to say
that so far as I am concerned l believe
the new act does apply to this case, and
that Mr.. Cannon, being self.confessed
polygRmist, must be denied his seat. IS
/ felt bound by the statutes as they stood
before, so feel bound by the provisions
of the new act, with this difference in
feeling only: before, I obeyed the behests
of duty alone; now. my pleasure and
duty concur.
I do not propose to discuss the evils of
polygsny. That discussion has been
had and exhausted; and we are all
agreed upon that point. The sentiment
of the country is against it, and should
be. But I believe that the moral and
religious people who feel so strongly
about it would not have asked this House
to violate the statutes themselves in order
to rebuke others for doing that thing.
They are lAW-loVing and ls0-sbiding
rejoice at the change made in the law.
Can there be any serious question about
the application and effect of the act re-
ferred to and approved March %. 1892
It has taken effect now. It says in effect
that polygamist shall not be entitled to
hold the Office Of delegate. Contestant
is not yet indicted into Office, and stands
as q petitioner before this House asking
for seat with no certificate emitting him
to one, pTinIG fGcie even, and we have
only to deny his request. The act does
not require any conviction for a criminal
ofense in order 10 work the Disqualified
ton provided; but the proof needs only
to show that contestant practices or main
tains the lswfulness of poly smy In
order to make him out a polygsmist,
according to the ordinary meaning of
that word as defined by Webster. The
same state of things, confessed in the
written admission of record, must be
presumed to continue to this time 10 the
absence of any proof to the contrary,
according to q Well-settled rule Of logic
and of evidence, and the rule does no
violence here because the polygaLnous
relations admitted are of q permanent
character. The admission was given as
proof in the issue raised to be used for
the purposes Of this contest until ended,
and an amendment ofthe law meanwhile
so that polygsmy becomes disqualified
ton instead Of cause fer expulsion, can
not be properly held to diminish its effect
as proof. ALI prior irregulsrlty in the
introduction of this issue into the contest
may be waived and the previous proceed
ings now adopted by the House. l do
not see how it can be justly contended
that any vested rights Of property are de-
ssroyed. For take it to be we'll settled,
or II not as sound law, that q public
office Ii not property but only trust or
privilege, and is subject to legislative
control, unless some constitutional pro-
vision is in the way. Whether it would
not have been more fair and wiser to al
low delegate elected under the law as il
stood then to serve out his term is not
now an open question, as no such
reservation or exception is incorporated
in the act.
Contestant seems not to have been dis
posed to heed statutes of this class, for
after the act of 1882, making polygsmy
crime, he appears to have married his
fourth wife In defiance of the same. So
We can hardly be said to be harsh in not
waiting to see whether he is disposed to
yield to the law IS amended. | grant
that those who assent to the doctrine of
the majority of the committee do not
need this new statute, and msy do as they
please even now. So far as am con-
cerned oHoweYer, this disposes of the pres
ent contest, and am ready to vote for