The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-03-12
new POLYGAMY' LAW
Has Passed Both Branches of
the Utah Legislature.

Salt Lake, Utah, March 12-Three
days before the legislature comes to a
close, the house, by a vote of twenty-five
to seventeen. and after an exciting de-
bate in which more than a dozen mem
bers participated, passed the Evans SEN
ate bill amending that portion of the re-
vised statutes of Utah relating to prose
cutions for unlawful Capitalization Hav-
ing passed the senate last week by a
vote of II to z, the document now goes
to the governor for his signature.
This BILL which was introduced by
Senator A. J. Evans of Juab county. mas
caused more discussion and more feel
ing than any measure introduced at the
present session of the Legislature. It's
text is as follows.
Every person who mas reason to be-
lieve that a crime or public offense has
been committed may make complaint
against such person before some mag1s-
trate having authority to make inquiry
of same, provided that no prosecution
for unlawful Capitalization shall be COM
nenced except on complaint of the huS-
band or wife or relative of the accused
within the first degree of cOnSanguinlty
or of the person with whom the rniaW-
full act is alleged to have been commit
ted, or of the father or mother of said
person, and no prosecution for unlawful
coha bitation shall be commenced except
on complaint of the wife or alleged plu-
raj wife of the accused; but this pro-
viSO shall not apply to prosecutions I'M
der section 42OS of the revised statutes,
1885, defining and Furnishing polygarn-
Gus marriages.
In answer to request for a state
ment as to the object of the bill Sen
ator Evans, its author, furnished the As
ISOLATED Press the following:
My object in presenting the bill was
two-fold. In the first place, it was in
tended to keep down public agitation by
trIr
opportunity to arouse periodic Jurors
against the Mormons, directly and indl-
rectly against the state of Utah and
for that reason its primary purpose was
for the good of the state. l believe that
a general law upon our statute books. in
conformity with the laws of Michigan,
Minnesota, Iowa, Oregon and North la
kota. and even more liberal laws, would
create much less agitation throughout
the country than the practice which mas
heretofore been resOrted to of arrest1ng
every few weeks some Mormon on
charge of unlawful cohab1tatlon ana
having the arrest announced in glowing
headlines by all those newspapers
throughout the country which can be in
duced to take up an anti-Alorlnon cru
SADIE. Every body knows that these ar
rests have been made for political ana
religious purposes and not with any
patriotic desire to enforce the law
within the last ten years much more
than half of those involved in polyga-
death or those relations have been 9TH
er.wise dissolved. Most of those remain
ing are advanced in years and no honor
able purpose can be SubserVed by pros
ecuting the few remaining polygamiSts.
Everyone of these prosecutions is a
source of regret to fully 80 per cent of
the people of Utah for the reason that
such proceedings create an agitation
harmful to the state. It may be that an
agitation more harmful can be inaugu-
rated by reason Of the passage of this
law but 1 do not believe it. To use the
metaphor we are between the devil and
the deep sea and the bill is intended to
relieve the state Of a condition of affairs
more harmful inny opinion than this bill
could possibly be. Surely, the United
States will permit Utah to act IN her
domestic concerns with as much freedom
as is allowed such states as those have
named, especially when the terms of the
enabling act and our state constitution
have been strictly complied with nave
in this matter acted with the best mo
tives and according to what in my
Judgment is for the best interests Of the
nmonwealth.
Representative w. c. Evanhorn of
Salt Lake, who made an imprisoned
speech against the passage of the bill in
the house furnished the Associated Press
with the following statement:
1.-THE first object of the bill is indu- |
bitably to prevent prosecution OF those !
maintaining polygamOuS relations long |
since contracted. The effect, however |
Will prODaD1y De TO nave duUpleu a COu- /
stitutionaI amendment giving power to /
congress to legislate against polyganny |
and unlawful coha bitation. Laws pass
ed under such circumstances, would he |
by United States district at |
torneyS sworn to enforce the law, and |
the violations will be carefully looked /
after There will thus be a return TO |
conditions prevalent against the aggres-
sive prosecution under the Edmonds-
Tucker law, when hundreds of promi- /
nent Mormons were imprisoned for 7
their polygamous practices and number
less others were in hiding or out of +
Utah to avoid arrest. There will, how
ever, in case of conviction be additional /
hardships over those suffered in former
times. Those men convicted were I'm /
here, near their homes and T
were deemed by their neighbors as mar
tyrs rather than criminals. Convicted
under United States laws they would
be confined in United States prisons out
side of Utah and away from the support /
and consolation of their friends. 1 op-
posed the bill in all friendship for the /
law abiding people of Utah and with 1
pity for the suffering that those not 1
law abiding viii bring upon /
themselves. It is a distinct step back
wards and can bring naught but mis-
ery.''