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 and
Cleveland by which men could reap the
advantage OF the amnesty granted, II
was u condition to the amnesty proc
lamations II N true. that there should
be an observance OF the law. and an
absence OF conviction for violatin. the
law must be the accepted proof that
the law was observed.
w.
The mlademcanor charged against
Roberts, viz: Unlawful cohnbitntiOn.
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 mis-
dcmehnor: and Il does not. and would
not even " proven against him, consti-
tute "a disqualification for the Office OF
representative for tho reasons;
"a That no law OF the United States
applicable TO Utah or any OF the States
defines unlawful cohabitatlon TO be
disqualification for the Office OF repre-
sentative.
(2) That no constitutional provision
makes the misiemeanor OF unlawful CO.
habitatlon II disqualification for the Of
iico OF representative.
90 That " neither n United states
law. nor the qualifications prescribed In
the congtltution OF the United States
requires innocence from such miadc-'
moanor % unlawful cohabltation rs n
qualification for the office OF reproscn-
tative. such innocence In not. and can
not. be- made IA 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.
90 That neither the House OF Rep
resentativcs. nor this committee. has
any power to prescribe or demand OF
the member from Utah. any quallhcn-
tlon In addition to or different from
those already prescribed In the Con-
stitution OF the United States. Cart. l.
See -
The Edmunds law. passed IN iss2
created and defined the crime Of unlaw-
full cohabitation, named II mlHdc-
mcanor. and In addition To the punish
mcnt " fine and imprisonment dlsquali-
fed those guilty OF II from voting and
holding Office; but this law was ~ APP
plicablc to Utah so long M II was u
Territory. when Utah became State
tho law. together with the dlsqualih-
cations for voting and holding Office
ceased to tc operative. Ex-senator
Edmunds conceded to be one OF the
ablcst constitutional lawyers OF our
country, In n signed statement pub
lishcd In the New York Journal, Janu-
airy. 1895, says:
THE instant the State was admitted
every act OF Congress relating to Its
Internal policy ceased to have any
force whatever. The consequence Ii,
that In point Of law, the State OF Utah
has the same sovereign rights that any
other state has"
Moreover. the particular disabilities
relating TO voting and Office holding
were removed by the Enabling Act un-
der Which Utah was admitted to State
hood. l quote from the Enabling Act
as follows;
Section 2. That all male citizens OF
the United States over the age OF
twenty-one years who have resided In
said Territory for one year next prior
to such election, are hereby authorized
TO vote for and choose delegates to form
y convention In said Territory. Such
delegates shall possess the quallnca-
tons OF such electors, - delegates
10 form convention In said Territory.
sucn delegates shall possess the quail
iications OF such electors. The
board Of commissioners, known as the
Utah Commission, Is hereby authorized
and required to cause u new and COM
plete registration Of voters OF said Ter
ritory, 10 be made under the provisions
OF she laws OF the United States and
said Territory, except that the oath re-
Dulred for registration under said laws
shall DO 80 modified ns to test the
qualifications OF the electors rs pre-
scribed In this act; such new reglstra-