Helena weekly herald. [volume] (Helena, Mont.) 1867-1900, 1884-12-11
Report of the Utah Commission.

WASHINGTON, December 2.-The report
of the Utah commission is made public
1t states that the duties imposed on the
commission at the recent election were
successfully performed and that all polyga-
mists were excluded from voting, and con-
years labor and experience here, it becomes
our duty to advise the government and the
country that although the law has been
successfully administered in respect of
the disfrahchisement of polygamists, the
effect is the same upon the preaching and
practice of polygamy, which has not been
of the character to improve the former or
decrease the latter. During the present
year there appears to have been polygamy
revival The institution is boldly and de-
family defended and commended by spirit
ual teachers, and plural marriages are re-
ported to have increased in number.
A considerable portion of the report is
devoted to the account Of the recent trial
and conviction of Rudger Clawson, which
the commission think will have restrain
ing influence upon the young Mormons.
1t is not unlikely, says the report, but that
finally the federal government will find it
necessary to take into its own hands the
civil power in this Territory For the
present, however, we advise only first that
the offices of Territorial Auditor and
Treasurer should be definitely defined by
Congress as offices to be filled by appoint
ment. And we may remark in this connec-
lei, at,Ja of mi
seem to leave no doubt as to the appoint
ment and character of these offices, and
the commission has persistently refused to
recognize the right of an election under the
law and the local courts have sustained
this view, still incumbents OF these
offices at the present time are holding over
from previous elections. We would recon-
mend in addition to the above that the
commissioners locate university lands,
that probate Judges, county clerks county
Selectmen, county assessors and collectors,
and county superlntendents OF district
schools be made by act Of Congress ap-
pointable, and that all these after nomina-
ton 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 requires that all nominations by
! Governors shall be confirmed by the legis-
lative council. The council is always
creature of Mormon power. Hence no
suitable appointments can be secured. The
| Governor and commission, acting as nOmi-
mating and confirming powers, would in
sure such appointments as would be effec-
tive in the effort of the Federal govern
ment to overthrow polygamy
For courts, after comforting with the
judge and district attorney of this district,
we recommend, first, that the provisions
of the laws relative to juries and modes
of selection be revised, either by providing
for a greater number of jurors or by
authorizing an open venlre when the
names in the box have been exhausted. A
better provision, perhaps, would be one
authorizing an open venire in all cases
prosecuted by the United States. Second,
that the jurisdiction of all courts ought to
be extended so as to give to each, Jurlsdlc-
ton in all cases Of polygamy wherever in
the Territory the crime may have been
committed.
Third-In United States cases Territorial
courts should be invested with power CO.
extensive with that possessed by the United
States Circuit and District courts in the
several States in matters of contempt and
punishment thereof.
Fourth - Prosecutions for polygamy
should be exempted from the operation of
the general limitation laws. Certainly
while the parties continue to live In po-
lygamy the statute should not run out
against the principal in the crime of po-
lygamy.
Fifth-The process of subpoenas in all
cases prosecuted by the United States
should run from the Territorial courts into
any other district in the United States.
Sixth-Provisions should be made for
binding over witnesses on the part of the
Government in all United States cases to
appear and testify at the trial.
Seventh-When continuance is grant
ed upon the motion of a defendant pro-
vision should be made for taking the depo-
sitions of witnesses on the part OF the
Government with the opportunity given
the defendant to be confronted with the
witness or witnesses making such deposi-
tion and to cross-eXamine such deposition
to be used at the trial in the event OF the
death of the witness, or in case of his or
her absence from the Territory at the time
of the trial, or in the event of such wit
nesses concealing himself or herself SO as
to elude the process of subpoena.
Eighth-It should be made penal Of
fense for any woman to enter into marriage
relations with man knowing him to have
a wife living and undivOTced. This should
be coupled with provision that in cases
where polygamous wife was called as
witness in any prosecution 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 husband called
as witness in prosecution against his
polygamous wife.