Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-02-21
Nebate on tie
Statehood Bill.
oo,,TycS poLYGAMY and the CHURCH.
cFrom the Congressional Record.)

Mr.. RawlIns--ln 1898?
Mr.. McComas-Yes-the former Con-
gress
Mr. Rawlns--Mr President
Mr.. McComas-l yield to the senator
Mr.. Rawlins--l would like to call the
senator's attention to the statement he
just made.
The Presiding Onlcer-T'he senator
from Utah Is not In order,
Mr. McComasI Yield TO the senator
from Utah.
The Presiding Onicer-The senator
must address the Chair before taking
the floor
Mr.. Rawlins--Mr Presdent,I thought
! did address the Chair / suppose the
Chair Gid not hear me,
The Presiding Oillcer--The senator
from Utah.
Mr. Rawlns--Mr. President, all those
provisions Of the federal statutes
which were In force Mt the time Of the
admission of Utah into the Union II
the senator viii examine, he win find
were continued IN force by an express
provision In the act OF Congress under
which Utah came into the Union. OF
course the Legislature elected under the
Constitution had the power TO super
sede that legislation or TO repeal It. II
subsequently, as a matter Of fact. sub
stantlnlly re-enacted those laws, and
the federal laws which were In force
IN the territory before the admission
Of Utah as state are. | think, in all
particulars In force today, If remem-
her rightly. | may be mistaken as 10
the details OF legislation.
! will state further that ] think every
case OF polygamy which has come to
light since the admission OF Utah into
the Union has been prosecuted
Mr.. McComas--Mr. President, desire
10 ask the senator from Utah II he has
information from the public press or
otherwise whether Mr.. Roberts, who
was then elected as n member OF the
house OF representatives, against whom
It was charged that he had three living
wives In Utah, with whom he cohabit-
cd, has Eeen prosecuted for any OF
those offenses and has been vindicated
or punished therefor?
Mr. Rawlins--Mr. President, there are
at least two offenses relating 10 po-
lygamy. One is blgamy or polygamy--
Mr. McComas-Yes,
Mr. Rawlins Which is entering into
n marriage by man who already has
q lawful wife. Roberts was not amen
able to that statute, because the mar
riagess which he contracted were con-
traoted so long before that the offenses
were barred.
1t was charged that he was guilty of
what was known as unlawful cohabita-
lon-that is. living with more than one
woman az his Wife He was indicted
for that offense and tried and think
convicted by jury; but ! think upon
appeal the supreme court held the con-
vlctlon unlawful, the trial irregular and
that the prosecution had failed TO make
a case. The judgment was reversed
and subsequently the case dismissed.
That is as l recollect the proceeding in
that matter
Mr.. McComas-T am very glad the
senator from Utah interrupted me, be-
cause he Is I'm 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 provlslon
"And all laws In force made by said
taritory at the time Of Its admission
into the Union shall be enforced in
said state, except as modified or
changed by this act or by the constltu-
ton of the state; and the laws Of the
United States shall have the same
force and effect IN said state as else
where In the United States"
I should like 10 ask the senator from
Pennsvlvania-the distinguished sena-
tor who Is so much concerned In the
passage OF this blll--lf he will accept
the amendment now to insert in the bill,
In resrect OF Arizona and New Mexico,
the provision have just read. extend
ing the Edmunds act as part Of the
organic law of New Mexico and Arr
zona?
Mr. Quay-Mr President, was not
listening when the senator from Mary
land made his proposition. / am not
or authorized Just now TO
accept any amendment to the pending
bill, but there is no difficulty, as / said
yesterday, about the adoption Of the
most stringent amendment the senator
can offer TO the bill upon the question
Of polygamy, II he will permit us to
have vote on the bill The procedure
proper for the senator from Maryland
Just now seems TO be that adopted by
the senator from Texas and the sena-
tor from Georgia. If he has an amend
ment Of that character to propose. he
should send Il to the Chair 10 have II
printed as an amendment which he will
propose TO the bill when the proper
time comes,
Mr.. McComas--Will the senator en-
tighten me as TO when will be the prop
er time TO offer an amendment
Mr.. Quay-When we proceed 10 take
action upon the bill win the senator
kindly inform me upon that poiat2
MIR, McComas---l have no information
upon that subject
Mr.. Quay-Nor have I.
MIR. McComas-But can not see why
II | introduce this amendment, ! should
not be able 20 be assured of the power
full appreciation and approval OF the
senator from Pennsylvania, without re-
gard 70 the time by the clock when a
final vote is reached upon this bill,
which we are all desiring 20 perfect.
Mr.. Quay-Time is OF the essence OF
the findings In everything in relation to
this bill Whenever the senator Is ready |
10 fix a day for vote upon the hill ms |
can be offered and voted |
upon -,
Mr.. McComas-I hope this bill will |
never pass without a provision at least |
as strong as that in the Utah act. II |
Is a powerful incentive 10 stu strong |
er prohibition when the senator rom |
Utah rightly corrects me and leads me |
to read his further provision in the or |
ganic act OF Utah. prohibiting and tend |
Ing 10 prevent polygamy by extending |
to the state all the federal laws which |
then affected the territory Of Utah.
with that provision and with the |
carefully prepared legislation OF lSS2
and 1857, II We now find that all these
barriers were idle and vain, how rldicu-
ous. how light, how feaiher-light, how