Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-17

any sucn territory or place, OF unucI
the United States"
The Edmunds-Tucker Act, which be-
came a law March 3. 1857, supplemented
the Edmunds law, imposed penalties
for various kindred offenses, dissolved
the corporation known as the Church OF
Jesus Christ OF Latter.day Saints and
contained, among other things, various
provisions as TO dover and the law OF
descent. With reference 10 eligibility TO
office II contained, among others, this
paragraph, IN the last part OF section
"a:
mo person who shall have been con-
yicted OF any crime under this act, or
under the act Of Congress aforesaid,
approved March %. 1882, or who shall
be a polygamlst. or who shall associate
or cohabit polygamously with persons
Of the other sex. shall be entitled TO
vote IN any election In said Territory,
or be capable OF Jury service, or hold
any Office or emolument in said Terri
tory"
II will be noticed that this act applied
only to office or emOlument In said
Territory" II did not 20 as far as the
similar provision In the Edmunds Act
and apply to ANY office under the
United States"
February 4, 1892, chapter VII Of the
laws Of the Territory OF Utah was en-
acted. Section / defined and punished
polygamy substantially as did section
| OF the Edmunds Act Section re-
lating to cohabitation In all material
parts is an exact transcript Of section
3 OF the Edmunds Act. There Is no
provision whatever In this act relat-
ing 10 lneliglbllty to Office by reason
Of any Of these offenses. laws OF
Utah, 1892, page 3D.
The Enabling Act, authorizing the
people OF Utah TO form a constitution
and state government, and 10 be ad-
mitted into the Union. became a law
July l6, 1894. This act required the
convention TO priyde by ordinance ire
vOcable without the consent OF the
United States and the people Of the
State
First. That perfect liberation OF re-
ligious sentiment shall be secured, and
that nc inhabtant Of said State shall
ever be mOlested In person or property
on account Of his or her mode OF re-
liglous worship; provided, that poly
gamous or plural marriages are forever
prohibited.
The Constitution OF Utah was adopted
by the convention May s, 1895, by the
people November 3. 1895, and the proc
lamation OF the President OF the Unit
ed States announcing the result OF the
IL II al
the Union was issued January I, 1876
Article III. ordinance OF the Constltu-
ton, contained the provision as 10 re-
llgious liberty and polygamous or
plural marriages In the exact language
OF the Enabling Act. OR. S, Utah, 1898,
page i0.)
Article XIV, section 2. Of the Con-
sttutlon reads as follows:
"sec.2. All laws Of theTerrltory Of Utah
now In force not repugnant 10 this
Constitution shall remain in force I'M
I'll they expire by their own limitation
or are altered or repealed by the legis-
lature. The act OF the governor and
the legislative assembly Of the Terri
tory OF Utah entitled IAN act to pun
lsh polygamy and other kindred Of
renses." approved February 4, 1892 in
so far as the same defines and imposes
penalties for polygamy, is hereby de-
clared 20 be In force In the state OF
Utah Or. S. Utah, 1898, page 61)"
This did not give the State OF Utah
any law, making persons ineligible 10
any office, by reason OF polygamy or
cohabitation, as no such provisions ex-
listed in the act Of 1892, chapter "a. or in
any Of the flaws Of the Territory OF
Utah"
Sections 1905 TO 1915, inclusive, Of thu
Revised Statutes OF Utah Or. ;. Utah,
1898. page $500 are substantially the act
OF 1899. Section OF the act Of 1892 and
section 1909 Of the Revised Statutes, re-
latlng to unlawful cohabitation, are
precisely alike. This statute has not
been changed.
The laws OF the state OF Utah, then,
do not now impose, and never have I'M
posed any disqualification for holding
Office, by reason Of polygamy or uniaW-
full cohabitation. Mr.. Roberts was
resident OF the Territory Of Utah, and
since It's organization as a State has
been a resident Of the State OF Utah.
Under these circumstances we do not
think that the disqualifications imposed
by the Edmunds Act have had any
operation as to him since the organiza-
ton Of the State Of Utah. II is set
tied by an unbroken line OF decisions
that all Territorial congressional legis-
lation, is superseded by the adoption OF
a State constitution and the organiza-
ton Of a State.
In discussing the effect Of the adop-
ton Of the constitution OF Louisiana
upon the laws Of Congress, the court,
in Permoli VS. First Municipality g
How, 6lO), said:
80 far as they conferred political
rights. and secured civil and religious
liberties (Which are political rights.
the laws OF Congress were all SUPER
seeded by the State constitution; nor
is any part OF them In. force unless
they were adopted by the constitution
Of Louisiana. as the laws Of the State"
The case OF strader ct al VS. Graham
90 How. 93) determines the same ques-
ton, and says:
'rhe argument assumes that the six
articles which that ordinance declares
to be perpetual are still In force in the
States since formed with in the Terri
tory and admitted into the Union. II
this proposition could be maintained, II
would not alter the question. For the
regulation Of Congress, under the old
Confederation or the present Consti-
tuition, for the government OF partic-
ular Territory, could have no force be-
yond its limits. II certainly could not
restrict the power OF the States within
their respective Territories; nor In any
manner interfere with their laws and
institutions; nor give this court any
control over them. The ordinance in
question, II still In force. could have no
more operation than the laws Of Ohio
In the state Of Kentucky, and could not
influence the decision upon the rights
Of the master or the slaves in the State,
nor give this court Jurisdiction upon the
subject.
"But Is has been settled by judicial
decision in this court, that this ordl-
nance is not in force
THE case OF Permoll vs. The First
Municipality % How, $500, depended
upon the same principles with the case
before us"
The same doctrine Is held in Pollard
ct al VS. Hasan 6 How. 2l2)
II Ie annrovad nv ali NJ the coi,rf