Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

Of those relations which had been
formed under the sanction Of the Nor
mon" Church. II was & status that
could not be changed by any legal
process; nor was there any way pointed
out In the respective amnesty proclaim.
ations of Presidents Harrison ana
cleveland by which men could reap the
advantage OF the amnesty granted, IL
was a condition to the amnesty proc
lamations II Is true, that there should
he an observance of the law; and an
absence of conviction for violating the
law must be the accepted proof that
the law was observed.
".
The misdemeanor charged against
Roberts, viz: Unlawful cohabilauoh'
both under the Congressional enact
ment. at one time applicable TO the
Territory Of Utah, and the statutes OF
the State OF Utah, Is defined as a ms,
demeanor: and It does not, and would
not even II proven against him, constl.
tute a disqualification for the Office OF
representative for the reasons;
On That no law Of the United States
applicable to Utah or any OF the States
defines unlawful cohabitation TO be a
disqualification for the Office OF repre-
sentative.
(2l That no constitutional provision
makes the mlsdemeanor OF unlawful CO.
habitation disqualification for the OF
fee OF representative,
(S) That n neither a United states
law, nor the qualifications prescribed In
the Constitution OF the United states
REQUIRES innocence from such misde-
meanor OF unlawful cohabltatiOn as a
qualification for the office Of represen-
tatiye. such innocence Is not. and can
not. De made a qualification for SAID
office at all. bv the House or the COM
mittee, and can not be required In The
case OF the member from Utah.
(D That neither the House OF Rep
resentatiyes. nor this committee, has
any power to prescribe or demand OF
the member from Utah, any qualllica-
ton in addition 10 or different from
those already prescribed IN the Con-
stltution Of the United States. Cart l.
Sec. 81
The Edmunds law, passed In ISIS.
created and defined the crime of unlaw'
ful cohabtation, named II a misde'
meanor, and in addition TO the punish
ment Of fine and Imprisonment disquali.
| fed those guilty of II from voting ant
holding office: but this law was OILY ap
plicable to Utah so long as 1t was
| Territory. When Utah became state
the law, together with the disquallh
| cations for voting and holding Office
ceased TO he operative. Ex-senator
Edmunds conceded TO be one OF IN
ablest constitutional lawyers OF ou
country, in a signed statement pub
| lished In the New York Journal, Janu
| AIRY. 1895. says:
1.-THE instant the State was admitted
every act OF Congress relating to II
Internal policy ceased TO have an
force whatever. The consequence Is
that in point Of law. the State OF Utal
has the same sovereign rights that an,
other state has"
Moreover, the particular disabilitie
relating 90 voting and Office holdin
were removed by the Enabling Act un
der which Utah was admitted to state
hood. ! quote from the Enabling Ac
as follows.
Section 2. That all male citizens Q
the United States over the age 0
tweniy-one years who have resided l
said "errtory for one year next prio
TO such election, are hereby authorize
to vote for and choose delegates to forr
q convention In said Territory. Sue
delegates shall possess the quallfica
tons OK such electors. delegate
10 form q convention In said Territory
Suca delegates shall possess the quail
ficatlons OF such electors. Tn
board Of commissioners, known as III
Utah Commission, Is hereby authorize
and required to cause a new and CON
plete registration Of voters OF said Tel
ritory. TO be made under the provision
Of .ho laws OF the United states an
said Territory, except that the oath r.
Quired for registration under said law
shall be so modified as 20 test N
qualifications OF the electors as pre-
scrlbed In this act such new regisrs