Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-12


polysamous or plural marriages are
forever prohibited. In the ordinance
adopted by this convention that dec
laration II made: THE following or
dlnance will be irrevooable without the
consent OF the United States and the
people OF this state" First, among
other things, poygamous or plural
marriages are forever prohibited Now.
while this Is strictly in accord with the
letter Of the act OF Congress. II Is not
la accord fully with the spirit OF that
act. because II must be confessed,
think that II was the intention of the
people OF the United States assembled
In Congress that prohibition IN fact.
as we'll as by words, should be evi-
denced by the organic law OF this state.
or course the declaration that we have
already adopted In the ordinance Ia not
self-executlng. II amounts 10 nothing
except like ape OF the ten command
ments. II might have the effect OF a
moral law upon the minds and con-
sciences Of tsose who look upon the
Constitution as guiding instrument
for their lives Nor have we accom-
plished the purpose, as view II. by
TO be amended, and all laws OF the Ter
rilory OF Utah now In force shall be
continue In force The moment this
state enters into the Union all con-
gressional acts of this kind fall, 80 far
as their operation IL concerned within
this state. There was passed In 1899
by the Legislature Of the Territory, an
act substantially-indeed, may saw,
literally In accord with. or following
the act OF Congress upon the subject.
That act defines and provides penalties
for the specific offenses, polyganly. un-
lawful cohabitatlon. adultery. incest,
and fornioatlon. Now, that law | APP
prehend Ia not In force In Utah today,
and the reason Is that Congress en-.
tered upon that field OF legislation and
covered the whole subject matter.
There was nothing left for
the territorial Legislature TO act
upon. That being so, 1t ID not included
within this provision Of section 2, and II
II IL desired that there shall be COM
pliance with the intent OF the act OF
Congress, and with the understanding
everywhere. In spirit, as well as IN let
ter, II would be necessary for this con-
ton adding, the force of law. which
would be executing; that Ia, that
the courts would undertake to execute II
without further legislation upon the
subject.
This act OF the territorial Legislature
entered field that was already 0ccu-
pied. and as long as the Congress had
occupied that field, OF course nothing
was left TO-. the territorial Legislature
to act upon, and as | desire that thae
shall be nothing thrown In the way OF
the approval Of Ibis Constitution by
those IN authority at Washington,
make this suggestion to this convention
for their consideration. whether or not
1t will not be wise, having In mind the
general conditions and circumstances
attendant upon the passage OF this En-.
abling Act and the difficulties that
Heretofore had existed In bringing to a
a long and laborious strug-
gle. TO In terms adopt and enact this
first section relating to this particular
offense already enacted by the terri
torial Legislature.
Mr.. Thurman-~I desire to ask Mr..
Naran. II the amendment you propose
would not enact a great deal more than
Congress requires OF US In the Enabling
Act
Mr.. Varlan--In what way2
Mr., Thurman--Well. II l remember
that act. II goes into detail.
Mr.. Varlan--Well. but the amendment
confines II to that particular matter. Il
does not touch the other offehses, men,
toned In this act at all. II does not
touch oohabitation, nor adultery, nor In
cest, nor fornication.
Mr.. Evans (Weber)-Now that being
the only purpose OF II, think we have
fully complied with the Enabling Act,
when we use It's exact language and say
that polygamy shall forever be prohibit
ed In the state.
We direct special attention to the re-
marks OF Mr.. c. c, Goodwin, then edi'
tor OF the Salt Lake TRIBUNE. We have
excluded from the report only some IT.
relevant and coarse remarks about the
President OF the United States:
Mr.. Goodwin--Mr. President, Mr.. Ev.
ans says II would be an unusual pro-
ceeding, and probably Il would, but the
are unusual rms mas
never confronted any other territory,
when applying for statehood, and the
point in II Is this, when Mr.,
Thurman, the other day, Thought
that the article In the ordin.
anoe was not sufficient. that II
ought to be strengthened, was In
hopes his idea would be carried out by
the convention, solely as an evidence or
good faith. II won't make any differ
ence in the future. There IL no state
where the laws are enforced against the
public sentiment OF the people. NOW,
IL public sntiment OF the people OF this
territory il that the ordinance shall be
backed by legislation which will make
penalties and enforce them. that WIN be
done, IL change should come, and the
sentiment should be that II was no
body's business, we will do what we
please, that will be the rule, The ques-
ton that confronts us Is just this We
know that almost every church organ
zation outside OF Utah IN the United
States viii scan this Constitution; they
viii study II with q disposition to, II
possible, find some flaw In II. Now,
when they do that, and there Is merely
4 declaration that there VIII be no more
they will simply laugh. They
viii say, those people have simply
made declaration and have provided
no means on earth TO enforce It, II IL
not what Is to be after statehood IL OBJ
tanned, but II is how to obtain state
hood.
II won't make a bit OF difference to
Utah what Is In this Constitution In re-
gard TO that particular matter, The idea
Is 10 have something to present to the
president. which he and his friends can
md no flaw In; that Is. that the enc
lblng act has not only been carried
out In the letter, but the means have
been provided 10 enforce It's mandate.
II two years hence, or four years hence,
the Legislature desires to do anything
Else, Ii can do Il, II the Constitution is
adopted and Utah Is admitted as a
state, the people can revise or call
and make a new Constitu-
ton within year or two. Let us go
rs the sovereign states went, Every
one OF them had statutes They had
provisions In regard to slavery, that
there should be no more slavery or in
voluntary servltude, II was finally en-
acted In the Constitution OF the Unit
cd States, and other provisions, and
while some Of them did not intend to
Keep those provisions, there was moth
Ing In what they presented that ther.
could be any criticism OF. As far as the
words 60. the words were apt, They
said, II care nothing about the future,
-. Al