Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-16

\ 80 low. DuTlnk ulb term vi ohicc ur-
der that appointment, and In the year
1859, Brigham Young. as the president
OF the Mormon Church. formally and
publicly proclaimed polygamy as doc
trins OF that Church.
There is some dispute AZ TO whether
polygsmy had not been proclaimed In
1915 by Joseph Smith, Jr., Brigham
Young's predecessor as president OF the
Church; but Il Is not deemed necessary
In THE statement 70 consider the mer-
Us q that controversy. The admitted
fact IL that from the time OF Brigham
foung's announcement In 1852 polyg-
amy vas openly practised IN Utah by
many OF the Mormon people, including
Brigham Young himself.
When his term OF office as governor
Of the territory expired In 1854 he was
appointed for another term OF four
years by President Pierce. HIS nominal
ton being again confirmed by the SEN
ate; he served out his second full term
OF four years. During all ~ this time
he continued to be president OF the
Church and 10 openly live in polyga-
nous relations with several wives.
Act Of 1862,
/ There seems 10 have been no at
tempt by the government Of the United
States TO interfere with the practise
| OF polygamy in Utah until July /. 1862,
/ on which date an act OF Congress en-
/ titled AN act 10 punish and prevent
/ the practise OF poiygamy In the terri
tories OF the United States and other
/ places. and disappearing aud annull-
/ ing certain acts OF the legislative as
sembly Of the Territory Of Utah be-
| came a law az Stat. L.. BOD.
The first section Of that act is as
follows:
That every person having husband
/ or wife living who shall marry any
other person, whether married or SIN
gle In territory Of the United States.
or other place over which the United
States have exclusive Jurisdiction. shall.
except In the cases specified in the
proyiso 10 this section, be adjudged
guilty OF bigamy. and. upon convlc-
ton thereof. shall be punished by
fine not exceeding $500. and by impri-
sonment for term not exceeding Ave
years Provided. nevertheless That
this section shall not extend to any
person by reason Of any former mar
riage whose husband or wife by such
marriage shall have been absent for
five successive years without being
known 10 such person within tina, time
70 be living; nor 10 any person by res.
son OF any former marriage which shall
have been dissolved by the decree Of a
competent court. nor 10 any person BY
reason OF any former marriage which
shall have been annulled or pronounced
void by the sentence or decree OF a
competent court on the ground Of the
nullity ~ the marriage contract"
1t WIZ be observed that while this
section Of the act Of 1862 made Il a
penal offense TO take plural wife or
husband IL did not punish or In any
wise interfere with the continued CO.
habtation Of those who had previously
entered into the roygamous relation.
The Edmunds Law.
Such cohabiation was not made an
ofense until March %, 1852 when the
socalled "Edmunds act" became a Law
t22 stat At Large, 30). This act Of lyss
amended the act OF July /, 1852 (Which
In the meantime had become section
5S52 OF the Revised Statutes). Section
OF the amendatory act provided:
Bee. 8. That II any male person
in territory or other place over which
the United States have exclusive juris-
diction. hereafter cohabits with more
than one woman, he shall be deemed
guilty OF misdeameanor and on con-
viction thereof shall be punished by
a 1ne Of not more than three hun
dred dollars. or by imprisonment for
not more than six months. or by
both said punishments. in the dis
erection Of the court.
In the seventh section OF the same
act II was provided as follows:
Sec. !. That the issue OF bigamous
or polygamous marriages. known as
Mormon marriages. In cases in which
such marriages have been solemnized
according TO the ceremonies OF the
Mormon sect, In any territory OF the
United States. and such issue shall
have been born before the first day Of
January A. d. 1888, are hereby leyt!-
miZed
Soon after the Edmunds act became
Law, prosecutions were instituted In
the territorial courts against persons
who We're living In polygamy, those
prosecutions being nearly all under tho
third section OF The act. which made IL
an offense for man to cohablt with
more than one woman. From that time
until October. 1890. the number Of
polygamous marriages in Utah decrens-
ed. but the practise was not entirely
stopped.
The Edmunds.T Tucker Act.