The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-17
HISTORY AND THE LAW.


most constitutional lawyers of the
United States and a statesman whose
record rests to some extent upon his
study OF and opposition to the Mormon
question since 1866. recently supplied the
New York Journal with a history of the
controversy in reference to polygamy
and a professional opinion concerning
the constitution Of Utah and the con-
stitutional rights of B. II. Roberts 10
demand and receive his seat in con-
gress-
In view of the effort being made to
deprive Utah's elect of
his office and salary without due pro-
cess of law, and the threat of Repre-
sentative Hepburn to the effect that
Utah shall be deprived of her repre-
sentation until the law against polyg-
amy is enforced. or such a law is enact
ed and it's object carried out. if the
interest to follow the Vermont legisla-
tors review of anti Mormon legisla-
ton.
1t should be borne in mind that Mr..
Edmunds holds the hierarchal tenden-
cies of the dominant church in this
state to be the chief objection to its
recognition at the national capital,
where questions Of morals and religion
are usually of little moment.
Had there been no evidences of
church domination or ecclesiastical die
tation in the various campaigns of the
state, it is possible that members of
congress would have been slow TO act
as they did, according to more men of
national prominence than the ex-sena-
tor. And while no one here believes
that Mr.. Roberts nomination or cleo
tion were secured by the church au-
thorities, the report was started for
partisan effect year ago. and it has
been circulated ever since.
1T is about fifty years" says Mr..
Edmunds, since hierarchy was es
tablished in Utah." This placed the ter
r!tory under church control, in his opin-
ion. Utah became an organized terri
tory of the United States" he cortin-
ues, 'and seven years thereafter a large
military force was required to induce
the Mormon territorial government and
officers to obey the laws of the United
States"
These are the statements of the man
who led the Republicans for many
years in the upper house of congress,
and whose opinions have a great influ-
ence on his party wherever Utah mat
tiers are concerned. From that time
on he says, until the passage of the
act oc congress Of March %, 1882. the
political hierarchy under the form of
territorial self government grew
stronger, and polygamy had become an
established and strong and growing in
stitution, in spite of the fact that ever
since 1862 there had been in force an
act of congress making bigamy in that
territory, as well as others. a crime.
and providing for its punishment"
He believes that this act was d dead
letter, however. because the machinery
of administering justice was under the
control, either affirmatively or negative
-, of the hierarchy" He tells of an
act passed in 1882 which provided for
DISTINGUISHING all polygamists and Eek
Outing them from cffio ial employment"
he NdlAS dltGUllOu " al
act passed or the Srd of March, 1887. in
which it provided. among other things.
for annulling the territorial law of Utah
under which Legitimate children in
hesited the same as legitimate ones"
He directs attention 10 the efforts made
To prevent members of the hierarchy
from taking up government lands or
receiving any other privileges of citi-
zenship, a novel proposition which re-
ceived the hearty support of the local
Republican organ.
In spite OF these drastic measures, he
says that the hierarchy, however, still
continued to control the majority of the
voters in the territory, and it was
thought unsafe to admit Utah as state
until there should be a decided Gentle
majority OF voters there. But the de-
termination of the hierarchy was con-
tinuogs, and its efforts for admission
persistent. until finally congress was
persuaded to pass the act OF July 16,
1894. authorizing the people of Utah to
form state constitution and TO be adj |
So far as the constitution OF the state |
Of Utah is concerned, the ex-senator !
holds that it does not cover the aues-
ion of existing polygamous relations,
but goes only 10 the point of plural /
the contracting OF which is |
forbidden in the state. While the con-
answers the requirements of |
the enabling act and covers the scope |
OF the manifesto of $780, it is the opin-
ION OF Mr.. Edmunds and other national |
leaders that a eonstitu-
tional amendment is in order And.
judging from the sentiment found by
in their many districts.
such an amendment is among the pos
of the coming year. /
Major General Otis permits the an
nouncement to be made that the elusivel
r.