The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-22

this, for if it were this 1 could not
speak of it
Mr.. Rawlins rose.
Mr.. McComas-I ask the senator from
Utah whether Mr.. Roberts was not
elected to the last congress
Mr.. Rawlins-Mr. President
Mr.. McComas-Will the senator tell
me. was Mr.. Roberts elected to the last
congress?
Mr. Rawlins-In 1898?
Mr.. McComas-Y es-the former con-
gress.
Mr.. Rawlins-Mr. President
Mr.. McComas-I yield to the senator.
Mr.. Rawlins-I would like to call the
senator's attention to the statement
he just made.
The Presiding Ofieer-The senator
from Utah is not in order.
Mr.. McCcmas-I yield to the senator
from Utah
The Presiding oficer-The senator
must address the chair before taking
the floor.
Mr.. RawIins-Mr. President, thought
/ did address the chair. / suppose the
chaid did not hear me.
The Presiding Oficer-The senator
from Utah.
Mr.. Rawlins-Mr. President. all those
provisions of the federal statutes which
were in force at the time of the admis-
| sion of Utah into the Union, if the SEN
ator will examine, he Will find were
continued i'm force by the express pro
vision in the act Of congress under
which Utah came into the Union. OF
course the legislature elected under the
constitution had the power to supersede
that legislation or to repeal it. 1t sub
sequently, as q matter of fact, substan-
italy re-enacted those laws, AND the
federal laws which were in force IN the
territory before the admission of Utah
as a state are, think. in all particu-
| lars in force today. if l remember
rightly. I may be mistaken as to the
details of legislation.
will state further that ] think every
/ case of poIygamy which has come to
| light since the admission of Utah into
the Union has been prosecuted
| Mr. -McComas-Mr. President. de
/ sire to ask the senator from Utah #
4 he has information from the public
/ press or otherwise whether Mr.. Rob-
erts, who was then elected as a mem
/ Der of the house of representatives.
! against whom it was charged that he
had three living wives in Utah, with
whom he cOhabited. has been prose-
cuted for any of those offenses, and has
been indicated or punished therefor?
Mr. Rawlins-Mr. President, there are
at least two offenses relating to polyg-
amy. One is bigamy or polygamy-
Mr.. McComas-Yes.
Mr.. RawIins-Which is entering into
a marriage by man who already has
! a lawful wife. Roberts was not amen
able to that statute, because the mar
riages which he contracted were con-
! tracted so long before that the offenses
were barred.
1t was charged that he was guilty
OF what was known as unlawful cohab-
itati0n-that is living with more than
one woman as his wife. He was indict-
ed for that offense and tried and l think
convicted by a jury; but 1 think upon
appeal the supreme court held the con-
Yiction unlawful the trial irregular
and that the prosecution had failed tc
make a case. The judgment was re-
versed and subsequently the case dis
missed. That is as ] recoliett the pro-
ceeding in that matter.
Mr.. McComas-I am very glad the
senator from Utah interrupted me, be
cause he is in the right, and he has
made a correction which strengthens
my argument.
! The nineteenth section OF the organic
act, as the senator has said. / now FIND
contains this important provision:
And all laws in force made by SAID
territory at the time Of its admission
into the Union shall be enforced in salt
state, except as modified or changed By
this act or by the constitution of the
state; and the laws of the United States
shall have the same force and effect il
said state as elsewhere in the United
States"
L should like to ask the senator from
Pennsylvania-the distinguished sen
ator who is so much concerned in ,tb'
passage of this bill-if ne will accep
an amendment now to insert in the bill
in respect to Arizona and New Mexico
the provision I have just read, extend
ing the Edmunds act rs a part of tn
organic law of New Mexico and Ari
IONA?
Mr.. Quay-Mr. President, I was no
listening when the senator from Mary
land made his proposition. / am no
prepared or authorized just now to ac
cept any amendment to the pending
bill. but there is no difficulty, as l sail
yesterday, about the adoption of tn
most stringent amendment the senate
can offer to the bill upon the question
Of polygamy. if he will permit us L
have vote on the bill The procedur
proper for the senator from Marylan
just now seems to be that adopted b.
the senator from Texas and the sen
ator from Georgia. If he has an amend
ment of that character to propose, h
should send ii to the chair to have
printed as an amendment which h
will propose to the biz when the prop
er time comes.
Mr.. McComas-WilI the senator en-
tighten me as to when will be the prop
er time to offer the amendment?
Mr. Ouay-When we proceed to TAX
action upon the bill. Will the senate
kindly inform me upon that point2
Mr. McComas-I have no informatio
upon that subject.
Mr.. Ouay-Nor have ].
Mr. McComas-But l cannot see WHY
if l introduce this amendment. ] shoul
not be able to be assured of the pow
e-fuI apprecia ton and approval of tn
tor from Pennsylvania, without re
4 to the time by the clock when
final vote is reached upon his bill
which we are all desiring to perfect.
Mr.. Quay-Time is of the essence {
{ the findings in everything in relatio
| to this bill Whenever the senator
ready to fix day 70: a vote upon til
| bill his amendment can be offered an
voted upon.
5 Mr.. McComas-I hope this bill wi
t never pass without a provision at leas
t as strong as that in the Utah act. 1t
' a powerful incentive to a still strongt
: prohibition when the senat tor from Uta
. rightly corrects me and leads me
= read this further provision in the Of
- ganic act of Utah, prohibiting an
: tending to prevent pOlygamy by Is
tending to the state all the federal Law
: which then affected the territory
. Utah
/, With that provision and with II
7, carefully prepared legislation of IS
n and 1887. if we now find that all the:
IL - !.