Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1885-12-15

luton offered by Morgan was agreed to re-
questing the President, if not incompatible
with public interests, to communicate to
the Senate report of the actual instru-
mental survey of the line for ship rail-
way across the Isthmus of Tehuantepec,
and of any canal or canals designed 10 con-
meet such ship railway with the Gulf of
Mexico or the Pacific Ocean
On motion of Allison, it was resolved
that until the expiration of the Forty-ninth
Congress the Committee on Appropriations
shall consist of ten members, and the
Chair appointed Logan as an additional
member.
Sewell, at his own request, was relieved
of the Chairmanship of the Committee on
Military Affairs, and Logan was appointed
to that position.
Manderson was, at his own request, re-
lieved from service on the Committee on
Military Affairs.
Sherman was, at his own request, relieved
from service on the Committee on Privi-
leges and Elections and the Committee on
Library.
Sewell was appointed Chairman of the
Committee on Library, and a member of
the Committee on Privileges and Elections.
Hoar, from the Committee on Judiciary.
reported favorably bill fixing the salaries
of United States District Judges at 5000.
The bill was placed on the calendar
The Chair laid before the Senate joint
resolution of the Legislature of Connect
cut, urging Congress to pass without un-
necessary delay a bill to provide for the
Presidential count.
The Chair also laid before the Senate q
memorial from the State Executive Com
mittee appointed by the Constitutional
Legislature of the Territory of Dakota,
praying for admission of Southern Dakota
as a State of the Union and transmitting q
draft of the Constitution for the approval
of Congress.
Harrison said he had only awaited the
receipt of this memorial in order TO intro
duce q bill providing for the admission OF
the Territory named, and that he would
introduce such bill at an early oppor-
tunity.
Hoar, from the Committee on Privileges
and Elections, reported favorably the
original bill, providing for the performance
of the duties of President in case of the
death, resignation or inability of the Presi-
| dent and Vice-President. He said it was
substantially the same bill that had been
acted on last year by the Senate, and gave
| notice that he would call it up tomorrow
for consideration.
Edmunds expressed the hope that its
in order to that he might have an oppor-
tunity to attach to il, as an amendment
the bill already introduced by him, regu-
lating the count Of the Presidential vote.
Hoar was willing his bill should lie over
one day. This was satisfactory to Edmunds
Placed on the calendar.
At 1:20 p. NJ. the Senate went into eXecrI-
tive session, and at 2:20 the Senate doors
were reopened and message was received
from the President, transmitting the Kelly
correspondence, recently called for by Sen
ator Vests resolution. 1t was ordered
printed and to lie on the table.
The Senate then adjourned at 2:25 P. NJ.
House of Representatives.
WASHINGTON, December 14th-Morrison
of Illinois, from the Committee on Rules
submitted the report Of that committee or
| the proposed revision of the rules, and il
| was ordered printed and laid over until to-
| morrow, permission being given to Ran
| dali, of Pennsylvania, to submit minority
report.
Weaver, of Iowa, offered a resolution
providing for the call of States to-day, fo
| the introduction of bills.
Considerable antagenism was made L
| this proposition, and the discussion was Gu
short by q motion TO adjourn, which a
1925 was carried.
| Supreme Court Decision in a Mormon
Case.
WASHINGTON, December 14th.-The Su
preme Court to-day affirmed the judgment
| of the Supreme Court of Utah in the case
| of Angus NJ. Cannon, plaintiff in error
| against the United States. Cannon was in.
dicted under the Edmunds Act for unlaw,
| full cohabitation with more than one wo
man. Defendant objects to the giving O
anv evidence, on the ground that the in
| dictment did not allege that he was a male
| person, nor that the cOhabitation was witt
women as wives. The objection was over
ruled, verdict of guilty returned, and de
| fendant sentenced to pay a fine of $500 anC
| to be imprisoned for six months, and to bc
| further imprisoned till the payment of tn,
| fine. The principal question was as to tht
proper construction of Section 81, depend
| ing on the meaning of the word "cohabit.
as used in it, and Judge Blackford in hi.
| opinion saws: The Court properly
charged the jury that the defendant was t
be found guilty if he lived in the same
house with the two women, and ate al
their respective tables one-third of his time
or thereabouts, and held them out to the
world, by his language or conduct, or both
as his wives, and that it was not necessary
that it should be shown that he and the
two women, or either of them, occupied
the same bed or slept in the same room, OF
that he had sexual intercourse with them
> - $ 1t is the practice of un.
lawful ~cohabitation with more than one
woman that is aimed at, a cohabitation
classed with polygamy, and having its out
ward semblance. 1t is rot on the one
hand, meretricious, unmarital intercourse
with more than one woman, for general
legislation as to lewd practices is left to the
Territorial Government, nor on the otbe1
hand does the statute pry into the intima-
cies of the marriage relation but it seeks
not only to punish bigamy and polygamy
when direct proof OF the existencs of these
relations can be made, but to prevent a
man from Haunting in the face of the
world the ostentation and opportunities OF
bigamous household, with all the out.
ward appearances of the continuance OF
the same relations which existed before the
Act was passed, and without reference tc
what may occur in the privacy of those
relations.
And again, in a spirit of Interpretation, 9
man cohabits with more than one woman
(Sections 2, 5 and s OF the Act, when hold
ing out to the world two women as hi.
wives. by language or conduct, or by both
lives in the house with them and eats al
the table of each portion of his time, al
though he does not occupy the same bed OF
sleep in the room with either of them, OF
actually have sexual intercourse with either
of them. lie holds the two women out tc
the world as his wives, by his conduct
When he maintains two wives and the
| children of each, all in the same house
with himself, and regularly eats at the
table Of each, and acts as the head of the
two families" The opinion gives Web.
ster's definition of the word cohabit .
| and says Section 8 of the Act
was intended to reach the exhibition ot
all the indicia of marriage, q house,
hold and a family twice repeated
The objections TO the indictment because il
does not allege that defendant was male
person, nor that he cohablted with two
women as his wives, or as persons held out
| as wives, are overruled. Under the crimi
nal procedure Act of Utah, the defendant
having pleaded and not demurred, and
being held to have understood distinctly
that the charge was against a male person
cohabiting with women as wives, and moi
having been prejudiced by the failure to SC
allege.' The opinion concludes with The
statement that a strong appeal was p,adf