The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-24
POLYGAMY BILL
WITH A STRING
Barnett'S Measure, Offered in
the House, Has a Hid
den Meaning.
WILL CREATE A BIG STORM
TITLE FAILS TO STATE PURPOSE
OF TME BILL.

from the statutes and substitute therefor
the crime of bigamy.
The enactment Of the bill would also
wipe from the statutes the offense of IN
lawful cohabitation.
The bill evidently had been carefully
fact. the title did not state the purpose
of the bill and for this reason Speaker
Joseph referred the bill back to the au-
thor for correction.
The title. innocently enough, stated that
IT was AN act to amend sections 420S
1903 and 4212 OF the revised statutes OF the
state OF Utah, 1898, and to repeal section
$40 of the revised statutes Of the state
Of Utah 1885,
Bigamy Substituted.
The bill. as drawn. is simply a copy of
section 1905 which defines the crime Of
polygamy and provides for it's punish
ment, with "bigamy' substituted for ''po-
lygamy."
Section 1909 OF the existing statutes.
which defines the Offense of unlawful CO.
habit3tion and provides for its punish
ment. and which the bill offered by Mr.
Barnet purports to amend, is simply
omitted from the Barnett bill BY inn
plcation the Barnett bill would repeal
this section.
Section 42I2 Of the existing statutes de-
nounces violation of the moral code by
unmarried persons, making the Offense a
misdemea1or. The Barnett bill would
prisonment N the state prison for six
months to two years, or fine of 500 to
Section 4216 which is sought by the
Barnett bill 10 be cepealed, provides that
a district court shall have exclusive orig
inal jurisdiction in prosecutions arising
under the provisions Of the act.
Matter of Jurisdiction.
The effect of the repeal of this section
would be to place original jurisdiction
i'm the hands of a justice of the peace
or other committing magistrate. instead
OF with the district court as has been
the practice since Utah was admitted to
statehood.
Mr. Barnett. not being a lawyer. is
presumed not to be the original author OF
the bill, which will undoubtedly provoke
state
Attorney General Breeder, in bis bien-
NAL report. recommended that .'bigamy"
be substituted for ''pOlygamy'' in the
statutes, but it is not believed that the
attorney general meant his suggestion TO
assume the scope of the Barnett bill
Speaker Josephs action does not dis
place the bill upon the calendar. but
merely allows the author TO correct the
title of his bill to comply with the con-
stitutlon. which provides that the bill
shall plainly set out its purpose in it's
title
The text of the Barnett bill, as offered
in the house, as follows:
Text Of Barnett Bill.
An act to amend sections 49OS. 42Os and
42l2 of the revised statutes of the state
Of Utah, 1898, and 20 repeal section 42l6
of the revised statutes OF the state of
Uah, 1895
Be it enacted by the legislature of the !
Section THAT sections 4aS. 1909 and
4Zl2 of the revised statutes Of the state
II Utah, 1898, be and the same are here
by amended TO read as follows:
42OS.-Bigamy-EveTy person who has a
husband or wife living, who hereafter
marries another whether married or sin
gle. and any man who hereafter simulta-
neously, or on the same day. marries more
than one woman, Is guilty of bigamy,
and shall be punished by a fine of not
more than $500 and by Imprisonment in
the state prison for a term of not more
than five years; but this section shall
not extend to any person by reason of
any former marriage whose husband or
wife by such marriage shall have been
absent for five successive years, and is
not known to such person to be living
and is believed by such person TO be
dead, nor TO any persons by reason of
any former marriage which shall have
been dissolved by a valid decree OF a
competent court, nor 70 any person by
reason OF any former marriage which
shall have been pronounced void by
valid decree or a competent court, on
the ground Of nullity of the marriage con-
tract
4212-Fornication-If an unmarried man
or woman commits fornication. each Of
them shall be guilty of a felony, and
upon conviction thereof, shall be pun
ished by Imprisonment in the state prison
for a term not less than six months and
not more than two years. or be fined in
any sum. not less than 800 and not more
than $1000
Section THAT section 421s Of the re-
vised statutes OF the state of Utah, 1885,
is hereby repealed.
Section 3.-This act shall take effect
upon approval
New Bills Offered.
T;IIS offarad In thu bovso ,.oe.o-a,.,