legislature the polygamy bill rejected by the PASSAGE OF THE RELEASE OF RIGHT OF DOWER BILL another petition praying the passage of 1 local option law THIRTY EIGHTH DAY FEB COUNCIL F kessler warden of the penitentiary presented a new report itemizing all the articles m his possession referred to committee on penitentiary and reform school the council was notified that the house had passed II 11 F 20 a bill pro vi ailing ling for the removal of county seats the bill was read for the first time by its title and referred to the committee on judiciary A communication notifying the council that the house had refused to concur in the amendments to H V 41 a bill amending section of chapter 1 title 12 of the code of civil procedure was read and on motion ot mr marshall the amendment was withdrawn and alie original section substituted the report from the special committee appointed to examine the auditors account was read adopted and the committee discharged the report from the special joint committee appointed to audit the accounts of the auditor and treasurer was presented read and adopted II 11 F 33 a bill in relation to the burial of dead animals was read for the second u ie and filed for third reading H F 35 a bill providing for the selection of jurors was read for the second time and tiled for third reading H F 37 a bill for an act providing for release of right of dower was passed under i suspension of the rules H F 38 a bill defining the manner of determining disputed boundary lines was read for a second time arid fled for third reading H F 17 a bill for an act in relation to appeals from justices courts was passed mr marshall presented a bill from Z snow of portland oregon for legal services rendered the territory in the case of the people vs tremayne for referred to the committee on claims and public accounts the council then adjourned HOUSE mr farsworth presented alie petition of george brinkerhoff and others asking for an appropriation of 2000 to be used on roads in san juan and garfield counties committee on highways mr hatch presented a petition from thomas jensee and others asking for alie passage of a local option law committee on elections alie committee on agriculture to whom was referred the bill providing for a scientific survey reported it back with alie recommendation that it ba rejected because H F 34 if passed would cover nearly the same ground mr thurman from the committee on judiciary presented alie following majority report on the bill providing for the punishment of polygamy your committee on judiciary to whom was referred H F no 4 a bijl for the punishment of polygamy and other of fences have duly considered alie same and after mature deliberation recommended that it be rejected in view of the importance of the question involved in the bill the majority of the committee respectfully submit their rea gonsior eon the conclusions to which they have arrived A portion of alie committee are in favor of the dillwith bill with certain amendments another portion are in favor of it as presented to alie house that is in ita present form alie majority however as we believe with greater reason contend eliat the principle of the bill ia not a rightful subject of legislation that congress lias legislated fully and in detail upon the question involved at least BO far as prohibition anda punishment is concerned that through and by congress the people of alie united states have their will and judgment as to the kind and extent of punishment for the acts constituting the of fences named in the bill and that any attempt upon the part of the territory of utah to add to take from or duplicate such congressional legislation emphatic and plenary aa it is upon this question would not only be supererogatory super rogatory and void but highly in eliat it would indirectly dispute alio absolute supremacy of the constitution laws and government of the united states we the majority of the committee contend that this is a proposition well settled if judicial decision can settle any question that there is no sovereignty in the territorial governments govern menta established by congress and that said governments are mere agents of the national government erected purely for political and governmental purposes and have no political powers or authority except aliat is derived mediately or immediately from the federal government eliat congress having legislated upon alie subjects named in the bill to alie extent of prohibiting and providing punishment for the of fences named therein cannot even itself duplicate its own legislation so as to punish the citizen twice for alie same eliat if congress cannot do so directly it cannot indirectly if it cannot do so itself it cannot by any agent aliis is a fundamental maxim pervading fiuman lawa ami in every land civilization is the boast of its people in view of the propositions and caples which we believe to be incontrovertible we respectfully submit that if the citizen cannot lawfully be punished by both the national and territorial governments ern ments for the same act or offense alien the passage of thu bill under consideration in any conceivable form would simply be a delusion and a snare supererogatory super rogatory and presumptions and not even excusable aa a conciliatory concil atory measure to appease alie demands of factional de A further consideration presente itself and one to which we attached due weight in our deliberation to wit ad milling for alie jakc of argument which we do for eliat purpose only that is a subject of rightful legislation that the bill is not unconstitutional in principle in spirit or in practice still we are confronted by the grave and serious question and we r hi cli legislative badica cannot rightfully ignore la it juat Is it avise Is it humane and expedient ent if it is not unconstitutional in its operations it must bo because under it the citizen cannot bo tried twice for the same offense if lie is only amenable to one law or alie other anu can only bo punished bv alio government first acquiring jurisdiction of the offense what would bo the effect if the territory should first obtain jurisdiction of the offender and try him for a violation of the law would the united states be outside of its jurisdiction and could the offender in the united states court plead in bar the acquittal or conviction in the territorial court to the last question there can bo but one answer every man of ordinary intelli pence will answer emphatically no there is no escape from tho dilemmas presented alie citizen is liable to be tried twice and twice punished for a single offense this attempt has heretofore been made in another form under the existing lawa of the united states prohibiting these offo alie supreme court of this nation unanimously unanimous lv repudiated tho attempt and relegate d the territorial courts to a jurisdiction within the limite of alio constitution in view of these principles and in view of tho hardships injustice and opples sion that would he entailed upon the people of utah should this bill become a law we sincerely recommend its rejection and recommend in view thereof the accompanying resolution as the sense of the assembly upon the involved chairman accompanying the report was the following resolution was laid aside and will come up tomorrow the government of the united states has enacted laws prohibiting and punishing bigamy polygamy unlawful cohabitation adultery incest and fornication and said laws are in force and supreme in the territory of utah and whereas it is alie opinion of his excellency cel lency he governor of utah as well as a majority of the members of the present legislative assembly that said laws upon the subjects named are exclusive abid cannot lawfully be added to diminished or duplicated so far as said punishment is concerned territorial legislation and whereas it ia the opinion of a majority of the members of said assembly that any law passed by sadi legislature prohibiting hi or punishing any or all of said offenses not only be in excess of legislative power in alio respect above referred to but would be unconstitutional in its operations and if not constitutional would be oppressive in that it might subject the citizen to be twice tried for the same offense and whereas a bill lias been introduced and is now pending in the house of representatives of said legislature by which it is proposed to prohibit and juniah each of said offenses already prohibited and punished by the laws of the united states as aforesaid and whereas said assembly for alie reasons above named have rejected and do hereby reject and disapprove of said bill and in order that action herein may not be misunderstood or misrepresented and for the purpose of emphasizing and reiterating in the most solemn manner their power as a legislative body the declarations and intentions of the people of utah concerning the prohibition of said offense Hewl ved that aard assembly are in favor of a just humane and impartial enforcement of said laws of the united states in the same manner as other criminal laws are enforced under the constitution and laws of our country to the end eliat said offenses offen sea may be effectively prohibited mr thurman asked eliat the report and resolution be adopted