The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-28
ASSAULT ON GOV. MURRAY.
Congressman Caine Points Out Some Of
His Alleged Misrepresentation
The Governor DenOunces the Charges Against
Him as Malicious, and Declares His
Readiness to Meet Them.

WASHINGTON, Jan. 26.-John II. Game, dele
gate In Congress from Utah, has addressed q
communication to the general manager of the
Associated Press with regard to the ''misrepre-
sensations and perversions of facts made by
Governor Murray in his message to the Legisla-
ture, evidently with the purpose of deceiving
the Eastern public. The Delegate says: He
(the Governor) asks the repeal of the law
making escheats result to the perpetual emil
grating fund of the company This law was re-
pealed eight years ago by the enactment of sec
ton T3 of the compiled laws of Utah, which
says: If the decedent leave no husband,
wife, or kindred, the estate escheats to
the Territory for the benefit of common.
schools This is the law now. and
has been since 1876. He misrepresents the scope
and effect of the act incorporating the Mormon
Church when he says it is a law respecting es-
tablished religion. 1t did not purpose to estab-
fish any religion, but simply made the Mormon
Church a body Incorporate with powers, as stated
in the charter, not inconsistent with or re-
pugnant to the Constitution of the United
States. Other churches, including the Presby~
terrain, have been incorporated in the Territory,
and only so much of the act Incorporating a
church as might establish, maintain, protect or
cOuntenance the practice of polygamy' was dis
approved by Congress. The compilers of the Terri
tOrial laws in 1876, failing to find any such pro-
visions in it as named by Congress. included the
entire act in the compilation, but no part of ib
was then or ever re-enacted by the Legislature,
whose acts, to be valid, must be consistent with the
laws of Congress, else they are null and void. His
statement that this law vests the ecclesiastical
courts with an authority which may be exercised
in the United States by the civil courts is en-
tirely without foundation in fact. No such pow
es are by law conferred upon the ecclesiastical
courts. They only act as arbitrator, and regu-
lata the fn11nVyShin Of T1nopnhapc nf 4ha -oI,uol,
and that without expense to the parties. His
on the dover question give an en-
tirely false idea of the property rights of women
in Utah. The fact is they are equal with menin
their legal rights and the power to acquire, mold
and transfer real and personal property. A hus-
band has no control whatever over the property
of his wife, and need not join with her in deed
ing it away, Hundreds of women in Utah hold
titles to their homes and other real estate, en-
tirely independent of their husbands. True
there is, technically speaking, no right
of dover existing in the Territory, but the
law OF descent and succession there is more
liberal to the wife in many instances than
the common law Of dover right would be. For
instance; a widow ~intestate is always entitled
for life to the homestead of her husband, and to
all personal property which by law is exempt
from execution. In addition thereto she in
herits for life one third of the remainder of the
estate when he leaves one child, and if more
than one child, then one-fourth of the remainder
of the estate goes to her for life. If he leaves
lO loSuGt DuG tliIt ulOlleIs Idllcf, SlSJeI,
brother, one-half of the estate goes to the wife
absolutely. and if neither issue, mother, father,
sister, nor brother survive him, the whole estate
goes to her absolutely, and in all cases where
the exempted property is insufficient to support
the family during the settlement of the estate
an allowance is made out Of the estate for that
purpose. He says: Marriage should be made
by law a civil compact, to be entered into
only by persons competent to contract,
and valid only as between one man and
one woman, and any other marriage under any
circumstances should be declared void from Tia
beginning This is a common Law which, in 7
absence of a statute on the suSgJ0U, prevails
Utah, hence the enactment of such a law as
proposes would not in any degree change tho
legal status of married persons. As a matter of
fact, no polygamous marriage has ever been
claimed, even by Mormons, to be valid in law.
They have never been enforced or annulled by
the process of civil law, as his language would
import, but are simply regarded as religious
obligations. The public schools of the Territory
are not, as he would have the public believe, Sec
tartan in their character. They are as free from
the charge of sectarianism as public schools in
any other parts Of the country"
A Salt Lake dispatch says: 'In an interview
this afternoon, Governor Murray says no charges
We're ever filed in the Department. of Justice
when he was Marshal of Kentucky years ago,
and that the conspiracy to defame him now is
well understood here and in Washington. Nor
mon agents from Salt Lake and their allies and
paid attorneys in Washington and New York are
making a determined effort to destroy his useful.
ness"
Governor Murray sent tine followingdispatchto
Mr.. Springer this afternoon:
Hon. W. M. Springer, Washington:
"Press dispatches received here show statements
made before your committee rejecting upon my Off
cial conduct as Marshal of Kentucky some years
since. Such statements are wholly false and maicia
Gus. I desire to notify your committee that / hold
myself in instant readiness to meet and crush any
charges. ELI A. MURRAY"
The Mormon press and church are jubilant
over the special dispatches from Washington by
Elder Game, Mormon delegate from Utah, an,
nouncing the discovery of these pretended
charges against Governor Murray. Every effort
is being made by the Mormons to get the Gov
ernor out of the way.
A Strange Suicide.
PITTsBURG, Pa, Jan. Pa man giving the