Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-12-19

Mr.. Morse. Then, do not accuse ms
" ialsoh0Ud or tell me to hang my
head In shame when my statements
are truth and history. tLnuyhier.l
Mt Riwlius: That i not the s,ate.
mUut you made In your speech. Tho
statement you made applied to tho
people living ia Utah t0dsy. Brigham
Young IN load; dil you know tha,2
lLluEhtHf1
Mr.. WiI.Jn, u Washington. Did no
have 30 10 out OF doors 20 die In tho
bosom Of his famlly2 Laughter anu
confusion il the hHil.l
MI. Powers Mr. Chairman,t object
TO lhi4 proceeding. 1 raise n point of
orlos upon H. Brigham Young was
porn IN vermont Laughterl
Mt. BawllnE Now, Mr. Chairman,
" ! may De permitted to proceed,
would Ike 10 DO 20 for u few moments
without Interruption. a care was tried
Ia Idaho about 1856 IN which large
number Of witnesses were called WHO
lcsIihcd that polygamy IN that terri-
tory az early az 1884 bad been forbid
den by thU Church. Testimony was
given In case In the spring OF 1855
that Ia Utnh the Mormon authorities
had ia reality forbidden the practice VI
polygamy or the contraction Of pOlygn-
nous marriages ~ far back NJ 1886, and
that after that time tho practice had
not existed. Ia 1855 the Legislature OF
the Territory Of Utah passed what ia
entitled can act regulating mar.
rlagCs" 10 will BE- found In Com
piled Laws of Utah OF 1855, page o..
the SECOND section Of that act pro.
viics thgt marriage IL prohibited and
declared void where there ~ q husband
or vito living ffom whom tie pors0n
ms rfying has net beta divorced.
Tina. declaroa polygamous marriages
unlawful. The act provides for tho
Issuing Of licenses by the clerk Of tho
court 10 prfsons proposing 10 be- mar.
/ Rod such licenses can only DO issuud
70 puIa1na who are known; or, In cnss
the pefsous arc unknown, they are 70.
| CURED 10 make AFFIDAVIT that their
status entities them 10 marriage, and n
fal,u affidavit h made PERJURY, punish
able o. such.
The act desigaatrs tho persons who
shall be- authorized 10 sOltmnlEe mar.
fiagca, and then II provides that any
such person who sOlomuizel marriage
under conditions not authorized by tho
acs Hhall be- punishable by impfison-
mcnt not u exceed three years, and by
nue.
That i,a law which Ia efioc, renders
polygamy unlawful, and provides for
tho puniahment OF any person who
practices Il or who participates In tho
determination o. a pOlyEamOus mar
ringe, aud that, be 1t remembered, Is an
ACT passed by tins representatives OF the
people ot Utah at that time.
In 1899 statute was passed, TO be
IUnun "a NlHn Hnaaluu lane or ITfaI. O.
that year, the nrut section Of which
provides gs fOllowb:
Every porson who has a husband or wife
| living, who hereafter mHtfics another, whether
married OF Hiurlc, aud any man who hereafter
simultaneously or tue same day mafriea moro
thhn one womani q guilty Of poygamy, aud
| nhlll uc punished BY nno OF NOS more thau
| l4Nl snd by imprisonment for a term Of not
| more than I'VE years hut this section shalt
| iofmor marriage Wtoso bus6aad or wife ~
| such marriage shall have been absent too dye
| successive years and u not known 10 such per.
auu 90 be- living nnd u believed BY such person
/ o. ur dead, nor % any person hy reason ~ any
turnCF marriage which shall have boon ds-
suNod by valid decree Of a competent court,
rilEU which shall have been pronounced void
10y valid decree ~ competent court on tho
ground Of nudity Of the marriage contract.
The next section provides the pun
iHhmont for unlawful oohabitallOn Of
man with any other than his lawful
viie-makes II a misiBmeanor. Those
laws are TO bo continued In force under
the provisions Of the bill which 10 iav-
orally reported by the committee on
territories Tor the admission Of Utah.
The final section provides that all
laws Ia force Ia tho Territory NJ the
time VI admission shall 10 continued
In force under the state government.
understand we'll enough that there
Il n sentiment among certain members
ofthe House that there ought 10 be In
thu enabling act n provision that lths
| constitution u tho state shall make
polygamy punishable As crime.
| There Is no substantial objection 10
that. In 1858 tbs people Of tho Terri.
! tory Of Utah proposed 10 insert such
provision In their constitution. The
| only objection that there In 10 II does
not come from the Mormons or from
the Mormon people. The Territory
has enacted stringent laws for the
suppression u polygamy. There are
| other provisions 10 which l might
refer relating 10 the methods by which
these laws shall DO enforced.
Mr.. Powers: / would like 90 inquire
| OF the gentleman whether he BIAS any
| objection 10 tbs insertion In the enc
Abling act Of clause prohibiting
| pOlyBamy2
Mr.. RGwlinG None except what I
shall state. 1 was proceeding 10 say
MT. Powers II you will assent to
that, you can pass your bill before 8
| O'Clock thih evening.
Mr.. Rawlins: 1 was going to make a
suggestion on that subject. The pro-
| vision which II proposed by the
minority to bo inserted In the conslitu.
| tiOn makes p0lygAmy or dual mar
| rIsgo felony aud provides for ita
/ punishment; but IL does not denne the
| Otienss or make any exception, II
| that provision Ii Inserted IN the terms
| ln which IL IL embodied In the minor.
| ity report, 10 could not DO In any man
nuf changed or modified by the Terri
torlal legislature. IL Is not complete
! iu its definition; II IL inaccurate; II
would work Injustice; IL would prevent
the enactment Of laws by tho state
which would tend more completely 10
suppress polygamy and 10 prevent Its
revival, n any such thing wero
| supposed liable 90 happen.
Here tho hammer FELL
Mr.. BreiE / ask unanimous con.
! sont that the gentleman from Utah
| mr. Rawliusl be allowed TO continue
nia remarks until he has concluded.
There was no objection.
MI Biwiins; ! thank the gentleman
| and the House for their courtesy. 1
am sorry II has become necessary that
| [ should OCCUPY more than the time
| allowed under the rule.
| tMr. poWers advanced In Mr.