Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-08
REPORT on THE DISFRayCHisE.
MENT BILL.

REPORT on THE DISFRASCHISE-
MEST BILL
For purposes Of history we here
preserve the following material in
relation to the Struble bill, now pend
ing in Congress, the object of which
is to disfrauchise the Latter-day
Saints. We 90 this that it may be
known, in the days when confusion
shall sweep over our now fair and
prosperous country, what were the
names and personality Of the men
whose wicked conspiracies bore
fruit so disastrous.
Following is the report proper of
the House Committee on Territories,
on the bill:
Mr.. Struble, from the Committee
on Territories, submitted the follow
ing report: DE-.
20 accompany Il. r. s265.l
The Committee on Territories, hav-
ing under consideration House bill
/ No. 9265, amending an act entitled,
"An act 10 amend section 5S52 Of the
! Revised Statutes Of the United States
N reference TO bigamy, and for other
purposes, approved March p, lSs2,"
respectfully report the same back to
the House and recommend its pas
sage.
The act Of March 3, 1887, amending
section 5S52 Of the Revised Statutes Of
the United States, commonly known
as the "Edmunds-TRcker'' act, pro-
vided that an oath should be taken as
a condition precedent TO the right to
vote or hold office in Utah Territory.
In accordance with the law, the Utah
Commission prepared the following
form Of oath to be taken by intending
voters, viz:
81. $500. .-...-.., being duly sworn or
affirmed, dep0se and say that I am over
tweEty-Onc years Of age; that ! have re-
SIDED in the Territory OF Utah for SIX
months last past. and this precinct for one
mhnth Immediately preceding the date
hereof, that am = native BON or natural
lied las the case may be- citizen OF the
Uaitcd states; that my iull name is 1900.
--..----, that am -----. years Of age; that
my place OF business Is ---..-..; that am
a single or married msH, that the name OF
my l1wful vie is -....-.. 100000; and that
I Will support the Constitution OF the
United States, and will faithfully obey the
( laws thereof, and especially will obey the
l act OF Congress approved March -, lisa,
/ cnlitled"An act 10 amend section 53ss ofthe
/ Revised Statutes Of the United States IN ref
/ ercnce 20 higamy, aud for other purposes"
and that viii also obey the act Of Congress
Of march, ;, Iss7. entitled AN act TO amend
an act entitled AN act to amend section
5Ssa Of the Revised Statutes OF tive Unittd
/ states IN reference to biglmy, and for other
purposes, approved March q, lss2' y IN
respect OF the crimes in SAID actdehned and
forbidden, and that IErlll not, directly or
! indirectly, aid or abet, counsel or advise,
any other person to commit any o. SAID
crimes defined by acts Of Congress as poly
s-my. bisamy, unlawful cohabitation, IN
cest, adultery and forEIcasion."
BY referring TO the law 1t will be
seen that j: was the intention of Con-
gress to bind the voter to an obsery-
ance OF the laws passed for the sup
preston Of Polygamy. At the time
the law was enacted the opinion was
entertained by many persons that no
Mormon would take such an oath
without having formed clear inten-
ton to obey it,and doubtless this opin-
ion had controlling effect in the pas
sage Of the law.
The Peoples Party(Mormon) issued
an address TO the voters with respect
to the oath, It's effect, meaning, etc,
using the following language:
The questions that intending voters need,
| therefore, ask themselves. are these: Are
VIC guilty Of the crimes IN said act. or,
/ have we the present intention Of commit
| ting these crimes, or OF aiding, abetting,
causing, or advising any other person to
commit them7 Male citizens who can
answer these questions IN the negative can
/ qualify under the existing laws as voters
aud ONCE holders.
Probably no language could have
been used more misleading than the
above. The very purpose Of Congress
in passing the law, and the plain letter
Of The law, coniemplaies that thereaf-
ter the voters and ofice-holders OF
Utah Territory should give the laws
for the suppression Of polygamy firm
and loyal support; yet the Mormon
voters were instructed by their leaders
that unless az The time Of registration
they then and there tad a present inten-
ton to violate said law they were elig-
ible FOR registration under itand quail
/ fed to take the prescribed oath. It can
not be successfully denied that it was
the purpose and intention Of the law
that those who should register. hold
offices, or act as Jurors under it should
have n formed purpose to thereafter
obey its requirements. But the results
Of the registration under the advice
! given b. the Mormon leaders rend-
cred the law absolutely nugatory in
accomplishing the purpose for which
it was enacted. The fact is, that with
respect 10 the purpose and intention Of
the Mormon voters concerning polyg-
amy, the law has had no effect. and is
today dead letter. An extract from
the report Of the Utah Commission, for
the year 1887, relating to this subject,
marked exhibit"B ''is hereto annexed.
It viii, therefore, be seen that addi-
itionsl legislation is necessary 70 give
full force and effect to the existing
laws. The bill reported by your COM
mittee will, in their opinion, meet the
difficulty.
Similar provisions havo been sue
cessfully enforced in the Territory Of
Idaho. and the Supreme Court OF the
United States has affirmed its validity, |
in the case Of Davis VS.. Beason, a copy |
Of which opinion is hereto annexed,
marked exhibit "a" No religious
right is invaded, and no Constitution |
al objection can be urged to It's pas
sage. It will close the door to the !
evasions which have made the present
laws imperative, and will, in the opin-
ion Of your committee, be effectual in
the extirpaiion Of polygamy.
We also append extracts from the |
reports OF the governors Of Utah Ter |
ritory for the years lssT, 1855, and |
lsse. and of the Utah Commission for |
the years 1887 and 1889, which fully |
explain the condition Of affairs in the |
Territory.