Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-23
THE ROBERTS CASE REVIEWED.

Utah became State. Indeed they were
abrogated BY repeating clause In the
Enabling Act, so as 10 permit all per-
sons who had been so disqualified, 10
take part In the formation OF the new
State. That act provided also that oil
male citizens OF the United States over
the age Of 2i years, who had resided IN
said Territory for one year next prior
to the election for delegates 10 the Con-
stitutlonal Convention, should b. au-
thonEed to vote for such delegates.
The Constitution OF the new State
conferred the elective franchise and the
right to hold office. on citizens OF the
United States, male and female, OF the
proper age and residence. Therefore the
former dlsqualifications on account OF
polygamy have been entirely removed.
1t is affirmed that Mr., Roberts, some
years before Utah entered the Union
as q state, contracted marriage at
different times with three women, ae-
cordlng 10 the then rites and cere-
monies Of the Church OF Jesus Christ Of
Latter.day Saints. and that he has con-
tlnued his relations with them. 1t APP
pears that these marriages were SOL
emnlzed, not only previous to State
hood but before the Manifesto Of Presi-
dent MILFORD Woodruff was issued. adj
vislng the cessation Of plural marriage
and announcing his determination to
obey the laws OF the land.
When the Enabling Act for the ad-
mission OF Utah was passed by Con-
gress, as a condition precedent the
people OF Utah were required TO insert
in the State Constitution provision,
that polygamous or plural marriages
shall be forever prohibited" The Act
was silent In reference to marriages al
ready contracted This was intentional
on the part Of Congress. The"eondi-
tions existing In Utah were taken fully
into consideration, and II was under
stood that existing relations should not
be disturbed; therefore the word 'po-
lygamy" was not used, but the prohibit
ton was carefully worded as above
When the stete Constitution was
framed by a convention organized I'M
der the provisions Of the Enabling Act,
the prohibition required was inserted
in that instrument in the exact Ian
guage used by Congress. And an addi-
tional clause was inserted providing
penalties for the infractlon OF the or
dinance against "polygamous or plural
marriages" Mr.. Roberts was dele
gate and took an active part In the
framing Of that Constitution and the
passage OF these provisions.
A Territorial statute relating TO
polygamy, unlawful cohabltation and
kindred offences, passed February Attn,
1892. was given full force in the new
State only to this extent I'm so far
as the same defines and imposes PEN
alties for polygamy." The remainder
Of the law was purpCseY, and AFTER
full debate on the question, omitted
That showed the intention Of the franz
ers Of the Constitution not to provide
against the minor offence, and from
that time until some years later 1t was
considered void or a dead letter. Not
until the laws OF the State were codi-
fled was the old Territorial law COM
pletely revived. and that was done
without the full understanding Of the
Legislature ln the haste of adopting the
great mass Of Revised Statutes.
Polygamy, as defined by Congress
when Utah was Territory. consisted
OF the act of marrying wife or hus-
band during the lifetime Of an undi-
vocred wife or husband. 1t was pun
ishable by fine not to exceed $500, or
imprisonment not to exceed five years,
or both
The act OF living with more than one
woman in family relations was de-
fined by Congress as unlawful cohab-
itation," punishable by fine not ex-
ceeding $780, or Imprisonment not ex-
ceding six months, or both.
The Utah laws used the same phrase
ology. The Acts Of Congress and not
those Of Utah, are responsible for these
legal definitions. The two offences are
distinct and different, and must be so
regarded by all who desire to under
stand the situation.
There have been no prosecutions FOR
polygamy since Utah became a State.
There Is no evidence OF any cause for
such proceedings That Is sufficient
answer 70 the charge that Utah hae
broken her compact with the country.
1t was compiled with by the adoption Of
the simple provision of the Enabling
Act. II has been kept both In the let
ter and in the spirit, Polygamous mar
riages have ceased in Utah and they are
not soemnized by the Mormon" Church
anywhere,
II has never been denied that men
who contracted plural marriages many
years ago and who are still living, have
continued TO care for. acknowledge and
cherish their plural families. II in do
ing 50 they are amenable 20 the law
they will have TO meet the consequences,
but this is no violation of any compact
with the nation. The number OF such
families is rapidly decreasing by the
death Of one or more Of the parties
Mr.. Roberts has not been legally ac-
cused OF The crime OF polygamy. There
is not the slightest evidence that could
be brought against him on such a
charge. His alleged offence is the minor
one, OF which he has not been convicted |
and OF which there are grave doubts
that he can be convicted. There are
circumstances associated with his case
that have never yet been explained.
These will no doubt be brought for
ward whom necessary