Evening star., 1899-03-01

was to have a declaration that would be
effective and not merely an empty asser-
ton, and think q provision of this char
l acter Is absolutely necessary to the docu-
mentswe are drafting, in order to establish
beyond question the fact that we intend to
carry out to the letter our agreement, as
expressed in the compact with the United
States"
The constitutional convention of Utah
also provided that all laws of the territory
IN force at the time of its adoption should
rsmain in force until they expired by their
own limitations or were altered or repeal.
ed by the state legislature.
Among those was the following law
against unlawful cohabitation:''
IF any male person hereafter cohabits
with more than one woman, he shall be
guilty of misdemeanor, and on conviction
more than $500 or by imprisonment in the
county Jail for not more than six months,
or by both said punishments in the discre-
ton of the court
This law was by the flrst state legislatura
incorporated into the code of the state,
and now constitutes section 4209 of the
Revised Statutes of Utah, as published by
the authority of the Utah legislature.
There are in force therefore in the state
OF Utah laws which, are substantially the
same as the Edmunds- Tucker laws. which
were In force there.Tduring the territorial
government.
Gov. Wells. or Roberts.
During the campaignli which resulted in
thS Si0\Sioh VI bTifSnd1n H. hODeTtS GOF.
Wells of Utah, in reference to the same
subject, raised a question to the expedi-
ency of electing Mr.tRoberts.
Gov Wells speech i'm the Salt Lake Thea
ter November 4. 1898, in so far as it had
reference to Mr.. Roberts polygamy, was
as follows:
Il realize that this is subject that ought
not 10 belong to politics; that it has no
part in national politics; but in view Of the
ple1ses which the people have made here,
and which the nation understands, and in
view of the pledges which / have made my
self. / cannot shut my eyes to the conse-
quences that will come if Mr.. Roberts shall
be elected to Congress. 1t Is unnecessary
TO refer to the solemn assurances of the
people on this question-we all understand
mat they We're made, and that Mr.. Roberts,
as much as any other public speaker. has
frequently expressed himself as appalled,
and astonished that the sincerity of the
people OF Utah should be questioned in re-
gard TO their abandonment of old condi
tions and their acceptance of the new con-
ditions imposed by statehood.
In my inaugural address, as well as at
various other times in public and private,
nave given my personal assurance that
tne question OF polygamy as affecting the
people OF Utah was dead issue, and that
beHeVed that it would not return again
as public question to vex US, having faith
as L had and still have, in the manifesto Of
President Woodruff and it's subsequent
adoption by the people.
Now, it is not alleged that the people
nave receded from their position in this
matter. but a man who does not deny that
he is living in violation of the laws of the
state mas accepted nomination for office.
and very great publicity has been given to
his domestic relations and if elected all
these facts will be known by Congress
when he presents his credentials to the
House. am unable to tell what Congress
may DO IN the matter, as to whether he will
be seated or not, but 1 feel sure that the
agitation OF the question will be a very
do ntrtr tn
to every interest of the people Every
financial interest here will suffer, every in
duStriai enterprise of the state will be more
or less retarded the interests of the domi-
nant church itself will be injured. and the
liberties of the very class to which
Mr.. Roberts belongs will be placed in jeop-
ardy.'
Law Repudiatel.
To the governors remarks Mr.. Roberts
replied in a signed statement, published in
the Salt Lake Herald, November g. 1S9S
in which he says:
Governor Wells Is acquainted with the
system of plural marriage that obtained IN
Utah for fifty years-he is a product of
that system-born of a woman who accept
I'd it, fathered by a man who practced il.
He knows that it was accepted by the pure
women who entered into its obligation as a
sacred right, sanctioned by the ceremony
of a holy church.
question, after years of strife and heart
ache left upon men moral obligations from
which no decree of the church could re-
lease them, and no act of the state absolve
them.
He knows that the demand of the
American people, as expressed through
their repre- asentatives in the American Con-
gless in the enabling act, went no further
than this: That perfect tolerance of re-
ligious sentiment shall be secured
provided that polygamous or plural mar
riages are forever prohibited That is, the
demand went so far to prohibit future
marriages, but no further.
He knows that in the settlement of that
question in the constitutional convention a
territorial law which was by the best law
yers of the convention considered void be-
cause it paralleled congressional enactment
on the same subject, viz, the Edmunds-
Tucker bill-Was split in two and the part
of that law only which forbade plural mar
riages taken and adopted into the consttu-
ucn; and that the part relating to unlawful
cohabitatfon was purposaly omitted, be-
cause there was no demand in the enabling
act to interfere with existing relations
growing out of the Mormon system of mar
rage; and that it was the intention of the
convention not to interfere with these re-
lations, because not called upon to do so
and this the debates clearly show.
He knows that SINCE the adoption of the
constitution there has been no disposition
to exclude from political life men Upon
whom the aforesaid moral obligations con-
cerning their domestic affairs rested.
He knows that while technically a law
which crept into our statute book by what
may be called an inadvertenca; viz: that
the code commission put into the code
what was considered before statehood an
institutional law, and then the code was
adopted by the legislature, a number of
whose members have said to me personally
tfat they We're not aware that such law
was in the code. He knows that the law
has not been executed, that there has haen
no public sentiment that demanded it's exc
cution, and that, like some of the blue laws
of Connecticut which exist on the statute
books under similar circumstances * has
not been enforced. And one of Governor
Wells associates in the attack upon me
Judge Goodwin-is authority for the state
ment that a law is never enforced against
the sentiment of community"
Mr. Roberts then followed with a bitter
personal assault on Governor Wells.
Counter Reply.
In a counter statement to Mr.. Roberts
remarks Governor Wells said:
He knows that have not said one word
against the system of plural marriage, ex-
cept that it has been put in allegiance by
the manifesto of the president Sunnortad