The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-12-03
POLYGAMY IN UTAH.
The Law Has Been Enforced, but There Is
No Diminution in the Practice.

No Dininution in the Practice.
WASHINGTON, Dec. 2.-The report of the
Utah Commission is made public. 1t states that
the duties imposed upon the commission at the
recent election were successfully performed, and
that all polygamsts were excluded from voting
and continues as follows:
after more than two years labor and expe-
rience mere, it becomes our duty to advise the
government and the country that, although the
law has been successfully administered in re-
spect OF dlsfranchlsement of pol yga mlsts the
effect of the same upon the preaching and rrac
tice of poygamy has not been to improve the
tone Of the former or to materially diminish the
latter. During the present year there appears
to have been polygamic revival. The insti-
tuition is boldly and defantly defended and com
mended by the spiritual teachers, and plural
MARRIAGES. are reported to have increased in
number"
A considerable portion of the report is devoted
to an account of the recent trial and con-
viction of Rudger Clawson which, the
Commission think, will have restraining in
fuenee upon young Mormons. at is not un-
likely" says the report that finally the federal
government will find it necessary to take into its
own hands all civil power in this Territory.
For the present, however, we advise only:
''First-that the offices of Territorial Auditor
and Treasurer should be definitely fixed by Con
gress IS offices to be filed by appointment; and
we may remark, in this connection that although
the organic act would seem to leave doubt as to
the appointaole character of these Offices, and
the Commission has persistently refused to
recognize the right of election under the law,
and the local courts have sustained this view,
still, the incumbents of these Offices at the pres
ent time are holding over from previous cleo
tons.
1--WE would recommend, in addition to the
above, the appointment of a commission to To-
cate university lands, and that probate judges,
county clerks, county selectmen, county asses
sors and collectors and county superintendent
of district schools be made by acts of Congress
appointatle by the Governor, and that all these
after nomination by the Governor shall require
to be confirmed by majority vote of the Com
mission before being commissioned. The reason
for this is obvious, The organic act now re-
quires that all nominations by the Governor
shall be confirmed by the Legislative Council
The Council is always the creature of Mormon
power; hence no suitable appointments can be
secured The Governor and the Commission,
acting respectively as nominating and confirm
ing powers, would insure such appointments as
would be effective in the effort of the federal
government to overthrow polygamy
For the courts, after conferrlng with the
judges and district attorney of this district, we
recommend:
"First-That the provisions of the laws of 1924,
relative to juries and the mode of their selection
be revised, either by providing for a greater
venre when the names in the box have been ex-
hausted better provision perhaps, would be
one authorizing an open venre in all cases prose-
cuted by the United States.
"Second-The jurisdiction of the several dis
trict courts ought to be extended so as to give
each jurisdiction of all cases of polygamy, wher-
ever in the Territory the crime may have been
committed.
'"Third-Tn United States cases, the Territorial
courts should be invested with power coexten-
SiV that pd Nv Init Statao
Circuit and District Courts in the several States
in matters of contempt and punishent thereof
"Fourth-Prosecutions for polygamy should
be exempted from the operation of the general
limitation laws; certainly while the parties con-
tinue to live in polygamy, the statute should
not run against the principal crime-polygamy.
"Fifth-The process of subpoena in all cases
prosecuted by the United States should run from
the Territorial courts into any other district of
the United States
''Sixth-Provision should be made for binding
over witnesses on the part of the government in
all United States cases. to appear and testify at
trial.
''Seventh-When continuance is granted upon
motion of defendant provision should be made
for taking dispositions of witnesses on the part
of the government, with opportunity given the
defendant to be confronted with the witness or
witnesses at the taking of such deposition
and to cross examine, such deposition to be
used at the trial. in the event of the death
Of the Witness or in case or mis- or her absence
from the Territory at the time OF trial. or in the
event that such witness conceals himself or her
self so as to elude the process of subpoena.
"Eighth-It should be made a penal offense
for any woman to enter into the marriage rela-
ton with man, knowing him to have wife
living and undivorced This should be coupled
with provision that. in cases when polyg-
amous wife called as a witness in any pros
ecution for polygamy against her husband, her
testimony given in such case could not be used
against her in any future prosecution against
herself, with like provision as to the testimony
of husband called as a witness in prosecution
aeainst his nolNgamnns Mifan