Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-11

/ the law, that the rule Of the law itself
In this country, Is that one Is regarded
as innocent until he Is proven 90 be
guilty. But that does not seem 10 be
| the case here.
Allow me to say 10 the gentleman
from Ohio that he has no court record
TO show that | was ever arralgned or
condemned Tor any crime whatsoever
since the PRONUNCIATION Of the amnesty
proclamations Of the Presidents OF the
United States, and hence no competent
grounds for believing me guilty OF any
oflense that disQualines me Tor the Of
flee 10 which ! was elected. THE gentle
man seemed also to forget the fact that
since the confession 10 a mlsdemedn0r
to which he has referred there was
passed In this Congress Of the United
States an enabling act. authorizing the
people OF the Territory Of Utah TO form
q State government and that that En-
abllng Act also had a provision en-
bodied IN It that qualified all the male
citizens within the limits Of said Ter
ritory 20 participate In the election OF
delegates to form the new States Con,
stitution. That cabling Act was par
ticularly framed 90 remove the disquali-
created by the Edmunds Tucker law
The gentleman seems also 10 forget
that I'm addition Ga that fact we have
had a State Constitution framed; and
evidently the action 81 the Convention
framing the State Constitution Of Utah
was satisfactory 60 the President u
the United States and his advisers,
since Utah was admitted as a State
Int HHaH. ID a AaHaH 81
upon Itself the responsibilities OF y
Constitution who ~ her citizens should
exercise the elective franchise and be
qualified for holding office
All of these things have transplred.
Mr. Speaker. since confession so the
misdemean0r that Is referred 20 by the
gentleman from Ohio; any one Of which
Is sufficient 10 remove the inellgbility
charged. Were Il not that ! am so lin
tied IN the time allotted To me at this
stage " the discussion, / should be
pleased 10 enter into the consideration
u all the questions which have been
raised by the gentleman and read the
specific language both Of The Enabling
act and the state Constitution o. Utah,
which VIII prove beyond question my
contention on this point,
The second charge. which Is supposed
to go 90 the question OF eligibility of the
member from Utah Is that upon am
davit and other papers in his posses
sion the gentleman from Ohio Is con-
WINGED that ever since confession 90 a
misdemeanor--since tSS9-the applicant
for his seat has been a persistent law
breaker in the State OF Utah. II that
be true. let me ask why Il Is that the
gentleman from Utah has not been pun.
ished Tor his lawbreahng?
Certainly there was no lack Of dis
position 90 execute Che law on the part
Of those charged with It's administro-
ton. us administration was in the
hands OF non-Mormons. Its administra-
ton and an SIS machinery were In the
hands Of those who had no sympathy
with men Of the religious faith Of the
representative from Utah. How r. II,
then. that he could De an omen and de-
hant laWbreakef and yet escape TIL PEN
atty o. the law?
The gentleman's objection, then, IL
based not upon court record. but upon
ailidayls and papers that have been
supplied him by personal enemies Of The
member-elect from Utah. And now,
sir / wish 20 turn briefly for
moment to another branch
Of the crimes charged against the Rep
resentative from Utah. There Is no
charge that has ever been made against
him constituting a felony. The only
charge. even IN the judgment OF these
people who have been seeking 10 en-
compass his expulsion from the House,
goes no further than the charge Of
misdemeanor-not change OF felony
And now, Mr.. Speaker. as to the mat
ter in which these charges are made,
Ii has been about fifteen months since
they began. since the Representative
from Utah was advertised throughout
this land as a defiant lawbreaker. And
yet. sir | walked the streets Of salt
Lake city in open day within easy
reach OF the law. and my faults lay
open TO the law II ] were guilty Of
transgressing It. other men charged
with the same onfense were arrested
pleaded before the courts OF Utah, and
were fined for the very oflense alleged
against this member from Utah, and
yet no complaint was made against
him.
No.lt did not suit the purpose Of those
who had this present agitation In hand
to vindicate the law quietly and by
the usual methods They desired par
tlcularly 20 have this case upon which
20 arouse the sentiment " the country
about polygamy Not until my busl-
ness called me East did they undertake
10 make any charges against me. But
shortly after my departure for the
East they began this agitation, result
ing In the present sentiment Of the
country now aroused against the doml-
nant church In Utah and the states
member-clcct
] understand that the members OF
Congress are granted certain privileges
while In attendance upon this House.
Il would be impossible to arrest any
one of the members upon the charge !
Of mlsdemeanor And yet YOU would !
SeEy me the privilege OF being sworn
In as a member Of this House upon the
allegation Of some one that ] am
guilty Of a mlsdemeanor The thlng !
for which the law Itself could not lay |
q hand ON me while m attendance upon |
this House you propOse-that Is, the /
coterle 81 men who have entered into |