The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-05-22
THE UTAH BILL.
The New Measure From the
House Committee.
THE PRELLER MURDER CASE,
The Greek War BIoodless-Fronl
the CapItaI-Another Domestic
Tragedy-Turf

WAsHIsoroN, May 81. The House
committee on judiciary to-day instruc-
ted Chairman Tucser 70 report
favorably an amendment to the consti-
tuition declaring poiygamy unlawful.
There was bat one member of the
committee vino did not agree. to the
action OF the committee; ne only desired
further time to consider in. The fol-
lowing il the full text OF the amend
ment as IL shall be reported.
kesDircd, ETC.. that II IS deemed neces-
sary by the TWO Houses OF Congress TO
propose an amendment 10 the const.tu-
ton which shall be valid TO all intents
and purposes as part Oft he constitution,
when raufied. as hereby proposed.
by the legislatures OF three-fourths OF
tue sovereign States, the proposed
amendment 10 BE- numbered and 70 read
as follows. to-wiL:
Article XYI.-First-Tnem marriage re
! lation oy contract, or,in fact, by one
person OF either sex and more than one
7 person OF the other sex. shall be deemed
-polygamy. Neither polygamy nor any
pOlygamous association or consultation
between sexes shall exist or be lawful in
any place within the jurisdiction oil the
United States or in any OF the States.
Second-The United States shall not
| nor shall any State make or enforce any
law which shall allow polygamy or any
polygamous association or cohabite ton
between sexes; but the United States
aud every State shall prohibit the same
by law within their respective juIisdic-
ton.
Third-The judicial power of the
nj h.. 20
prosecution of crimes of polygamy and
of posygamous association or cohabita-
ton between the sexes under this article,
and Congress shall have power to
declare by law the punishment therefor.
Fourth-Nothing in the Constitution
nor in this article shall be construed to
deny to any State exclusive power,
subject TO the provision of this article
to make and enforce all laws concerning
marriage and divorce within its juris-
diction, or to vest in the United States
the power respecting the sane within
any State.
Judge Tucker, chairman of the judi
! ciary committee, said to the Associated
! Press reporter: The committee will
report the amendment on Monday, and
viii then probably take up the Ed
munds Utah bill. The subcommittee
have considered the Edmunds bill and
will submit their views to the full COM
mittee, which Will meet thereafter as
often as practicable. The Edmunds
bill will be very greatly modified. but
am not prepared to say until action by
the full committee in what respect. ]
will say, however. that il will not be in
way materially to change the policy
of the government in reference 10 poly
gamy. but the effort will be. while con-
demnilg the crime of polygamy.
TO do so in consistency with
constitutional law and with respect TO
the liberties of the people affected the
amendment TO the Constitution itself.
so that no element in the definition of
the offense would be left to con
gressional action having defined the
crime. lest it should continue or be re-
vived In a new State when il ceased to
be Territory. The amendment gives
Congress power to punish the crime
created by this article, and to the courts
of the United States power TO try it.
Then in order TO prevent any inference
in favor or power of Congress to inter-
fere in the general law of each State, as
to marriage and divorce. the amend
ment further provides that no
construction shall be given TO il
which would deny to each State ex-
elusive power to regulate that class of
questions or to give any such power to
Congress. The amendment, therefore,
while serving rs a remedy for crime
even in the States themselves is entirely
conservative Of the power Of the States
over the important domestic relations
Of the family. The amendment was
framed for the purpose OF throwing the
weight of the Constitution itself against
polygamy. As the present Constitution
makes it essential that every State that
comes into the Union. as wei as those
already in it. shall be Republican in
their form of government, 50 this
amendment provides that every State
in the Union shall De American
in its type of society and not Asiatic.
That is, the States shall be Republican
as to their form of government. and
monogamistse as TO their social life.
Judge Tucker said that he had given |
the amendment thorough and mature |
consideration. The subcommittee and |
their full committee had agreed TO il,
after a full consideration. and il had |
met with general approval from per
haps fifty members of Congress to |
whom il had been shown, and on whose |
judgment he could rely. He intended
to ask and secure speedy and
thorough Consideration Of 1t by Con- !
gress. rrrl .Ir-