The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-01-08

At last it appears that a contest is to
be waged against epresentatiVe-eiec
Brigham II. Roberts, in the hope that
he viii be denied the right OF. repre-
senting the state Of Utah in the Fifty
sixth congress. The following form of
protest was forwarded yesterday to
Washington to be filed as a specifica-
ton in the contest to De commenced
against Congressman Roberts seat.
The protest is made by Messrs. 7. c.
Tiff, w. NJ. Paden and c. T. Brown,
VINO have subscribed their names 10
the formidable document, and who are
acting IN their individual capacities as
citizens, and not as representatives Of
the association of ministers of the gCS-
pei in Salt Lake City.
1t is understood that the three rev
erend gentlemen named as protestants
followed legal advice in the premises,
in order to make the preiiminaries to
the contest conform to statutory re-
qUirements.
What is known as the Business
Mems association" composed of a few
individuals, who had conferred with
Mr.. Warren Foster, the defeated Pop
ulist candidate, with q view OF aiding
him financially in his contemplated con-
test proceeding for Congressman Rob
erts' seat We're moving so slowly that
Messrs IIiff Paden and Brown con-
Guided to act at once. 1t is said, how
ever that the move and the manner of
presentation meet the approval of the
business Mems association as well
as of the Ministerial association. The
latter body Will have a meeting Mon
day night, when some formal and off
cial action, seconding the efforts al
ready made, viii be taken.
TEXT OF PROTEST.
The form Of protest follows:
House of Representatives, Fifty
sixth Congress. In the Matter OF Brig
ham H. Roberts. Member-elect from
the State OF Utah.
To the Honorable Speaker and
Members Of the House Of Representa-
tives of the Fifty-siXth Congress Of the
United States:
The undersigned, Thomas c. Tiff,
W n. Paden and Clarence 7. Brown,
resident citizens and qualified electors
Of the state of Utah, do hereby most
respectfully protest that Brigham Il.
Roberts. epresentative-elect from the
state Of Utah, to whom on or about the
10th day of December, 1898. q certificate
Of election was issued, in due form. by
the governor Of said state, ought not
TO be permitted to qualify by taking
the cath OF Office, or, having SO quail
fed, to sit as a member OF the house
Of representatives OF the United States.
for reasons affecting the honor and
dignity of the people of the United
States and their representatives in
congress.
And your prOtestants show and al
legye as the grounds of their protest;
Il That the said Brigham H. Rob
e1ts, ever since and prior to the ad-
mission Of the state of Utah, Jan. 4.
1896, has been living in open, fragrant
and notorious violation Of the laws o.
the state Of Utah.
-. That he. publicly and Dersistently,
iuStifies his course of unlawful con-
duct by the claim. that he acts under
the sanction Of laws higher than those
of the state or the United States: and,
% That the laws, thus violated and
set at naught by him, are none other
than those against pOlygany and
polygamOus cChabitation, which laws.
sanctioned by solemn Covenants and
pledges OF good faith, are peculiarly
binding upon al citizens Of the state
of Utah.
And your protestants. in support of
the grounds Of protest above set forth.
do further show as follows:
LAW Is QUOTED.
''First-That. by the tennis Of an act
amending section 5352 OF the revised
statutes Of the United States. common
" called the Edmunds law, approved
March %, 1882, the Offense OF polyga-
nous or unlawful cohabitaiOn was de-
fined, and it was, aLt)ng other things,
provided:
That no polygamist, bigamist or
any person cohabitilass with any OF the
persons described in this section. as
aforesaid, IN any territory or other
place over which the United States
have exclusive jurisdiction, shall oe
entitled 10 vote at any election held In
anv such territory or other place, or be
eIigible for election or appointment 10.
or pe emitted to hold any office or
place of public trust. honor or emolu-
Tnent. in. under or for any such terri
tory or place, or under the United
States.
.Second-That by the terms of an act
Of congress, approved March 5, 1887,
commonly called the Edmunds-Tucker
act. il was, among other things, pro-
vided that the corporation. church OF
Jesus Christ of Latter-day Saints was
dissolved and its property escheated,
and it was further provided:
Sec u: That every male person Il
wears of age, residing in the territory
of Utah shall. as a condition precedent
TO his right to register or vote at any
election in said territory. take and SUD
scribe an oath. or affirmation. before
the registration officer OF his voting
precinct. that he is over q years of age,
and has resided in the ter1>-ory OF
Utah for six months then last past. and
in the precinct for one month imme-
diateiy- preceding the date thereof. and
that he is a native born Cor naturalized !
as the case may be- citizen Of the Unit
ed States, and. further. state in such
oath or affirmation his full name. with
;lis age, place OF business. his status |
whether single or married. the name |
of his lawful wife. and that he Will sup
port the constitution of the United |
States and will faithfully obey the laws |
thereof, and especially will obey the |
act of congress approved March %, |
1882, entitled. An act to amend section |
1852 of the revised statutes Of the |