Iowa County democrat. [volume] (Mineral Point, Wis.) 1877-1938, 1882-12-22
THE TWIN RELIC.

mun0S B1II.
Following is the text of the report of
the Utah commission:
OFFICE OF THE UTAH COMMISSION,
SALT LAKE CRY, Utah, Nov. Il, 1882
Sir: The election of delegates to con-
gress having been held in Utah Terri
tory on the 7th inst, under the super
vision of this commission, we deem it
proper to report to your department
the progress made up to this time In
the discharge of our trust. Since our
last report, dated Aug. 81, We appoint
ed registration officer for each voting
precinct of the several counties, and
established some additional polling
| places, with view of affording proper
facilities fer sll the legal voters. In
order to conform the local law, so far
| as practicable, to the requirements of
the act of congress, We were obliged to
promulgate rules and regulations for
the judges of election. We next ap-
pointed judges of election. three for
each polling place, about 80 in num-
Der. The local law requires that the
judges shall be selected from both po-
litical parties, if practicable. Accord
ingly we selected them, in general,
| from both parties: but in some in
of them from the Liberal party" or
from the Peoples party" because
there were no eligible and quslitied
| persons, so far as we were informed, in
such precincts belonging to the other
| party. Commissions were sent to each
of the judges (copies of which, togeth-
er with the rules and regulations, are
herewith inclosed). In order to pro
cure such information as we deemed
useful to the government, we addressed
| circulars to the registrars, and from
/ heir responses we learn that the total
number of registered votes is SO, 266, Of
whom 1872 are males, and Il, 494 are
| females. From their reports 1t appears
that about Il, 900 men and women are
excluded from registration by reason
of polygamy. Several counties of this
Territory are quite large in area, some
| of them over a hundred miles long,
sparsely inhabited, and difficult of ac-
cess by mail or otherwise. This has
occasioned considerable delay and extra
exertion in preparing for the election
and receiving the returns. The
| ANOMALOUS CONDITION OF THIS COUNTRY
and its people, together with the inher
ent difficulty of adjusting the local laws
| to the act of congress, are such that
| they imposed on us great care and de-
| liberation, lest, on the one hand, We
should go beyond the limits of the law,
or on the other hand, fall short of a
vigorous and effective discharge of our
duties, we were obliged to construct it
for ourselves, and in doing so we en-
| deavored to conform to the we'll known
| canons for the construction of statues,
having due regard for the evident in
teption of congress in this act, con-
structed with other acts of congress. in
pari materia. "Polygamists and biga-
mists," and persons "cohabitating with
more than one woman" are, by section
s, to be excluded from voting and hold
ing Office.
Immediately upon addressing our
selves to the discharge of our duties,
we were obliged to consider the scope
and extent of this exclusion. Did con-
gress intend that those only should be
excluded, who, at the very time of the
registration of election, were then living
| Ill VI III uh11NAl1i IOhfbDAhb
| ton with more than one woman" If
so, such construction would render
this section perfect nullity. The
means of evasion are patent to the dull
! lest comprehension. We therefore con-
cluded that neither the letter or the
spirit of the. statute required.such mar
row construction, and, in our publish
ed "Rules and regulations" we give
the exclusion wider scope and appli-
cation. We found that the local law
| prescribed certain form OF oath to be
taken by persons applying to be regis
tered as voters. We adopted this oath
verbatim, adding clause in regard TO
"pOlygamy and bigamy," and unlawful
Capitalization which we considered it
proper to do, III order to make the local
law conform, so far as practicable, to
the principles and requirements of the
act of congress. In short, we were
charged by the act Of congress with the
duty of excluding from the polls and
from eligibility to Office, certain class
of persons. How this was to be done
was not defined by the act.
Were we to exclude only those who
had been convicted of the crime of
polygamy in the courts? This construc-
ton would have been derided by every
body in this territory. We concluded
that it was the intention of congress to
leave it largely to the discretion of the
commission, to determine the mean OF
discriminating between the legal and
illegal voters. This we endeavored to
do in part by the prescribed oath,
| u,h ~, 70 ba Of O
legal voter. e. g., those in regard to age,
residence, citizenship or naturalization,
and freedom from the dis9ualifications
imposed by act of congress. During
the week before the November election
the commission made an order appoint
ing five gentlemen of character and
standing as board of canvassers of
the returns of the election for dele
| gate to the forty-eight congrers Ia copy
| of which order is enclosed herein). On
the 16sh day Of November, 1882, the
said board of canvassers met at the
rooms of the commission and canvass
ed the election returns, from which it
appears that John L. Game had
received 23,039 votes, and Philip
T. Van lille had received a maj
ority of all the legal votes, he
was declared duly elected, and q
certificate given accordingly. Having
reason to believe that it is expected by
the executive that this commission will
make suggestions as to any additional
legislation that may be needed to carry
out the principles of the law under
which the commission was organized,
We would state that, in our judgment,
A MARRIAGE LAW ENACTED BY CON-
GREsS.
| would be an efficient auxiliary in the
suppression of polygamy. 1t is as
serted, and generally believed by nom
Mormons in this Territory, that plural
marriage is still practiced here in
secret. We would recommend that
congress enact law declaring all fU-
ture marriages in this Territory null
and void, unless they are contracted
and evidenced IN the manner provided
by the act. For example,: That ali
marriages shall be solemnized in Ger
tain designated public places: and wit
messed by such persons, and registered
in such public offices, as to make the
proof of marriage morally certain; pre-
viding, also, that the person officiating
IN the marriage .mony, together with
the parties anc witnesses, shall make
their affidayits against polyg2my. and