Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-20

the Constitutional Convention
Mr. ROberts-Y Yes, sir; that Is right.
The Chairman when did the SUI
preme court Of Utah have occasion TO
pass upon that question:
Mr. Robertson the 4th Of April, lssS'
The code had been adopted In January
previous.
The Chairman-And the codifyng
condition had also included those pro-
visions OF the act Of 1892 In the Uhh
State codeY
Mr.. Roberts-Yes, sir: and ] was
merely calling attention 70 the !aet that
the general opinion prevailed that there
was no law In the State OF Utah with
reference TO the subject OF unlawful
cohabitatlon, while as legal PROPOSE
ton OF course, the law existed.
The Chaiman-One question Tor
further Information. You said that the
general impression was that all OF those
provisions that were In your law OF
| 1892 were not continued in force by the
constitution. How did Il come that
prior 70 any determination Of that tact
by the Supreme court your codifying
commission also Incorporated them De-
cause they held the same View
AIr. Roberts-Yes. sir. Evidently
they held the View that the law was
/ valid.
Mr.. Morris-Do I understand, then,
! that this Supreme court decision was
after the codification Of the law?
Mr.. Enthusiastically.
Mr.. Morris--And were those codined
laws enacted by the leglslature2 Was
that In their code that was adoptedY
Mr. Roberts-Yes. sir
Mr. Morris-Might not then, the de-
cisiOn have been that that was the law
Of Utah without reference-oh, II was
O prosecution begun prior to the codif'
cation Of the law, and therefore the
| decision related 10 the existing law
| prior to the codlhcatlOn?
Mr. Roberts-Yes, sir; but l call at
/ tention again tO the general view that
| prevailed Of there being no law against
unlawful cohabitation. and under those
| circumstances and ever since the Nor
mon people ana Gentle people have
lived In the most friendly relations.
Gentle neighbors, 50 far as II appears
anywhere, took no exception 90 the con-
tinuance OF those relations where they
We're continued. There were no prose-
cutions entered under complaints by
the residents OF the State Of Utah in
It's various parts. The Gentiles were not
/ hauling "Mormons" before courts and
making accusations against them upon
this subject, and have observed TO
some extent that the ladies that were
| involved In this system Of marriage
were quite generally received among
their GENTLE neighbOrs and friends
without protest, and the whole quts'
ton was accepted as a settled fact that
there was no occasion for disturbing
those relations. Everybody was con-
WINGED that public policy and that JUS
tice 20 these people who had become
involved in these relationships did not
call for any severe execution OF that
law.
So that from the adoption OF state
hood until now, notwithstanding the
little furry Of this past summer there
has been no disposition on the part OF
Gentle nelghbors TO complain against
their Mormon nelghb0rs on that sub
ject There were no accusations made,
there We're no prosecutions begun any
where, until at last gutter-snipe pa
per In New York, sensational In It's
character and having a policy for the
whole Understanding, II YOU could
believe It's statements, State govern
ments and general governments, con-
Quoting foreign wars, and doubtless
projecting a future government for the
planet Mars--unearthed a maj. In Utah,
its own worthy agent, sneH~'ng enough
In bis disposition, little enough In his
SOUL TO stand In the position Of a
common informer," the most desplc.
able OF wretches. 20 run from one end
Of the Territory to the other as the
agent Of this paper referred TO, and the
instrument also Of the Utah sectarlan
missionary bigots. to spy out the re.
lationships OF men and women and en-
ter complaints from one end Of the
state to the other.
And those are the only prosecutions
that have taken place In reference Ia
that subject. There have been other
prosecutions under this law, but they
were not cases OF unlawful cohablta-
ton, but Of adultery, or OF fornicati0n,
owen has been the one who has hailed
men before courts for this Offense. II
has not been done by the people OF the
yiclnage where these parties reside
against whom accusation was made
lie came into my county, Davis. and
made an accusation for adultery
against me. / called attention yester-
ANg " INV ANNl AliAk Mifh 4 H'AAA VI
that procedure | expressed my willing.
ness 10 return from the East 20 Utah
n such a charge should be made
against me, but the officers OF the Law
ignored the charge The Governor and
oil tie Apostles Of the Mormon
Church were summoned as witnesses
I have been given 10 understand that
the people who were summoned were
uhacqualnted with any OF the cir
cumstances and could give no evidence
and consequently the charge was not
entertained; and there has been M
action with reference to 1t up 10 tht
present time, and what the present
status Of Il Is do not know.
Bet those were the conditions that
existed, and the settlement OF thil
question seemed TO be quite generally
approved. There has been a good dea
OF talk before this committee, and 9
good deal more OF II in the literatur,
that has been circulated Throughout
the country In regard TO the Mormon
Church having acted In bad faitht, ant
Il Is a part Of the accusation, a part
Of the reason offered for my exclusion
from my seat, or expulsion II / should
be seated, that the Mormon" Church
has been all along acting In bad faith
Mr.. Morris. ! do not think this com
mittee has gone into any action Of tht
Mormon" Church.
Mr.. Roberts. Perhaps not, but | col
attention 70 this fact, that there Is piled
up here In the halls OF this Congress
q petition some seven millions strong
! am given TO understand, and | TAX,
Il that that petition has had It's inhu
eacp uuon the House. and that It hai
| its influence here In this committee
aud. therefore, the publv accusations
that have been made In the ltieratur,
circulated that resulted In producing
that petition Is a legitimate subject fol
discussion on my part, not that il ha!
ben directly in Issue here In the testi
n0ny before the committee, but that 4
Is q question that oyershadows IL. anl
We can not get rid Of II. and ] thlnl
In justice 10 my cause | ought 10 max,
reference TO st, or reference TO thosi
things that bear upon II, and show how
II has been secured,
These accusations against the Nor
mon Church were made for the pur
pose Of aiding the agitation that hai
resulted IN the gathering OF thesi
petitions. These petitions have beef
, gathered from womens clubs, from