The Savannah morning news., 1901-03-12
THE P0LYGAMY ACT
PASSED BY UTAH's LOWER HOUSE
YESTERDAY.
TO PROTECT OLDER M0RMoNS.
A REMARKABLE DEPARTURE IN
LEGISLATION.

Restricts Proceeding for Prosccu-
tions for Adultery to the Near Rel
ntlNes OF the Parties Affected and
the Parties ThcmscIves-Its Author
Claims That 1t Is Intended to Keen
Down Public Agitation, Which Is
Injuring the state, burt IT Admits
That the Older MOrmons stII Idv-
Ing i'm POIygamy VIII PROFIT by II.
SAT- Lake, Utah, March 11.-To-dav
three days before the Legislature comes
to close, the House, by vote of 25 to
H. and after an exciting debate, passed
the Evans Senate bill amending that por-
tion of the revised statutes of Utah re-
lating to prosecutions for adultery Hav-
ing passed the Senate last week by n
vote Of IL to T. the document now goes
to the Governor for signature
This bill, whicn was introduced by Sem
ator a. j. Evans of Juab county. has
caused moro discussion and more feel
ing than any measure introduced at the
present session. It's text is as follows:
Every person who has reason to be-
lieve that a crime or public offense has
been committed, may make complaint
against such person before some magis-
trate having authority to make inquiry
of sac, provided that no prosecution for
adultery shall be commenced except on
complaint Of the husband or wife or rel
ative of the accused within tho
first degrees of consanguinity or
Of the person with whom the unlawful
act is alleged to have been committed, or
of the father or mother of said person.
and no prosecution for unlawful cohabi-
tatfon shall be commenced except on
complaint of the wife or alleged plural
wife of the accused: but this provision
shall not apply to prosecutions under
section 42OS OF the revised statutes, 1898.
defining and Furnishing polygamous mar
ria&es."
n Statement by the Author.
In answer to a request for the state
ment as TO tho object of the bill. SEN
ator Evans, its author, furnished the
Associated Press with the following:
MY object in presenting the bin waa
tvo-foid. In the first place, It was in
| tended 10 keep down public agitation bx,
away iAoih SutHG certain aRltatOTC
the opportunity to arouse periodic Jurors
against the MOrmans, directly. and indi
rectly against the state Of Utah. ana for
that reason its primary purpose was for.
the good of the state. / believe thai n
general act upon our statute books in con-
Iormlty with the laws of Michigan Min
nesota, Iowa, Oregon and North Dakota.
ana even more liberal laws, would create
much less agitation throughout the coun-
try than the practice which has hereto
fore been resorted to Of arresting every
rev weeks some Mormon on a charge OF
unIaWiul coha bitatiOn and having the ar
rest announced in flaming headlines by ali
the newspapers throughout the country
which can be induced 10 take up an anti
Mormon crusade. Everybody knows that
these arrests have been made for pollti-
cal and religious purposes ana not Wit,
any patriotic desire to enforce the law.
within the last ten years much mora
than haf OF those involved I'm polygamous
relations have passed away by death or
those relations have been otherwise dis
solved.
Most OF those remaining are advanced
IN years, ana no good or honorable pur-
pose can be subserved by prosecuting the
Few remaining poiygamsts Every one
OF these prosecutions Is a source of regret
to fuily 30 per cent of the people of
utah, FOR the reason that such proceed
inSs create an agitation harmful to the
state. 1t may be that an agitation more
harmful can be inaugurated by reason of
the passage of this law but / don't be-
iieve it,"
Ihc Other Side of the Question.
Representative Van Horne of Salt Lake.
VINO made an impassioned speech against
the passage OF the bill in the House no.
day, furnished the Associated Press with
the following statement:
The first object Of the bill Is indubita-
bly, to prevent prosecution of those main
taining polyamous relations long since
contracted. The effect. however. probably
Will be TO have adopted q constitutional
amendment giving power to Congress to
legislate against polygamy and unlawful
cohabitation Laws passed under such an
amendment would be prosecuted by Unit
ed States district attorneys sworn TO en-
force the law, and the violations
would be carefully looked up bv
United States marshals and their
assistants. There would thus be a
return to conditions prevailing during
the aggressive prosecutions under the
Edmunds-Tucker law when hundreds
Of prominent Mormons were imprisoned
for their Dolygamous practices and num-
berless others were in hiding or out OF
Utah TO avoid arrest. There would. how
ever, In case Of conviction. be additional
hardshiDs over those suffered in former
times Those men convicted were i'm
prisoned here. near their families and
were deemed by their neighbors martyrs
rather than criminals Convicted under
United States law they would be confined
In United States prisons outside Of Utah
and away from the support and consola-
Of frfo Is