Show HOGES ELECTION BILL BILL TO folyk AMY ETC aliens resolutions against ahe lean tariff FIFTH DAY JAN COUNCIL the committee on judiciary to whom was referred C F no 3 a bill providing for attachments reported bill had boon given careful consideration and recommended that it bo put upon its passage the report was adopted abo committee on printing presented a report recommending the appointment of george 0 lambert as public printer the report was adopted A communication from the govern or placing at the disposal of the council fourteen volumes of united states statutes was read and the thanks of the council extended to him mr marshal introduced a bill providing for the classification and gov emment of towns the bill referred to the committee on municipal corporations po rations and towns mr young presented a bill for an act providing for the registration of voters and conduct of elections the bill was read for the first time by its title and referred to the committee on elections mr carlisle introduced a bill for an act amending the charter of smithfield referred to the committee on municipal corporations and towns mr shurtliff moved that when the council adjourn it be until monday at 2 p m carried A communication was received from the house notifying the coun cil that C F no 1 a bill providing for the compilation of the laws of utah territory had been passed with amendments to the committee on judiciary di ciary mr woolley introduced a bill pro tiding for the care and keeping of patients in the insane asylum tho bill was read for the first time and referred to the committee on insane asylum the council then adjourned HOUSE the speaker announced a communication muni cation from the council inform 1 ing the house that it had rejected the house resolution providing for a compilation of the laws and had passed a bill in lieu thereof mr thurman reported that he had tho pleasure of handing in a petition from the orphans home and day nursery association and he asked that it be referred to the committee on penitentiary and reform school he thought the was in the direction of j torm and knew of no more appropriator committee so referred the joint committee on public printing reported that they had agreed on and recommended that george C lambert be appointed public printer after more discussion the was re committed with the understanding that the committee could report at any time the earlier the better abo council bill introduced by mr marshall and passed by the council was taken up for consideration by the house it was read for the first time mr eichardt Eich ards wanted the name of L W shurtliff substituted for that of A 0 smoot jr and spoke in its support The vote on motion to amend by substituting the name of L W shurtliff for that of A 0 smoot jr was carried by a close call mr thurman then offered as a substitute for the marshall bill the following striking out all following the enacting clause SEC 1 be it enacted etc that C orich ards S T farsworth and J H moyle are hereby appointed and constitute a committee to compile darlne the present session of the legislative assembly all the public acts laws and resolutions in force tn said territory including those passed and approved during the present session ot said sac 2 said committee am hereby authorized to employ such professional and clerical assistance as may be necessary tor the accod allf ament of said compilation and snail report to said legislature from time to to lime session such said work as may be completed and report the whole thereof systematically arranged and compiled on or before the first day of march SEC 3 said committee may also report inaccuracies inconsistencies and errors in said laws and resolutions and maho such recommendations concerning the correct lou of the same as they deem advisable bul shall not be to make any changes or correction whatever without the previous authority of said legislature tiec 1 l sald compilation shall be subject to the approval of said legislature aad said committee shall at all times be under the direction and control of the same samland and the compensation pensa tion of those employed by said caminit tee and be expanses ot said wore shall be as a s determined by the upon the completion and approval of said work the speaker banded in the following polygamy bill for an act for the punishment of the crime of polygamy 1 be it enacted by and legislature assembly of the of utah that every partin who baa a husband or wife living abo hereafter marries another whether married aud any man who here after or on tb ayame day marries more than one woman Is guilty of polygamy and shall be punished by a fine und ft term of not more alian five yearn bill this section abail not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for alv years and Is not known to such to ba living and is believed by such to be dead nor to any person by reason former which shall bave been pronounced void by a valid debrae of a competent court on the ground of nullity ol 01 the sc contract HEC 2 that male person hereafter cohabits with anoro ona woman he shall be deemed eulley of a misdemeanor and on conviction thereof shall be punished by fine ol 01 not more than by in tle county jail forcel cnare than aix month or by both said punishments in the of the court provided in all case of unlawful sexual intercourse shall be proved as an essential element of the of fence SEC 3 thai whoever commits adultery shall be punished by in the three years and when the act Is committed between a married woman and a man who is unmarried both parties to such act ahall be deemed guilty of adultery and when sach act if committed be a man and a woman who Is unmarried ahe man shall be deemed guilty of adultery that a conviction or acquittal under this act or any act of congress upon an indictment charging unlawful cohabitation or adultery witti the same person within the same period 0 time snail be a bar to a prosecution lor the other egense provided further that persons living in polygamous relationship upon the passage of this act shall not be liable to prosecution for adultery SEC 4 that if any perron related to aa other person within nd not including the fourth degree of cording to rules of the civil law shall marry or have sexual intercourse with such other so related verson knowing her or him to be within said degree of relationship the person so offending shall be deemed guilty of on conviction thereof shall be imprisoned in the penitentiary not less than fifteen years 5 that if an unmarried man or commit fornication both of them shall be punished by not exceeding six month sor by a fine not exceeding the bill was read amidst the most intense interest and afterward referred to the committee on judiciary it is understood that W H king of fillmore is the author of the bill sir hoge offered the following voluminous document which was referred to the committee on judiciary SEC 1 bo it enacted hv the governor and legislature of the territory of utah that man shall not miu ry his mother grandmother sister daughter or granddaughter nor the widow or divorced of bis father grandfather son or grandson nor the daughter of his brott er or bister nor the sister of hla father or mother A woman mchall not marry her father grandfather brother con or brandson Rr andson nr the widower or divorced husband of her mother grandmother daughter or granddaughter nor the son grandson father or grandfather ol her husband florl he son or grandson of her brother or sister nor the brother of abr lather or mother nor any person marry another person relative of other person willila and not including the forth degree of consanguinity computed according to the rules of the civil law it relationship lation ship la founded on marriage this prohibition hibi tion shall continue notwithstanding the dissolution of alie marriage by death or divorce unless the divorce Is for a cause that rendered the marriage originally illegal or void this section includes children and relations marriages prohibited by this section are incestuous and void SEC 2 carnase is prohibited and declared void 1 with an idiot or lunatic 2 when there is a husband or wife living from whom the person marrying has not been divorced 3 when not solemnized by aa authorized person 4 when at the time of marriage the male is under fourteen or the female Is under twelve years ot age SEC 3 the issue 0 an illegal or void marriage shall be legi mate except that the issaa of an incestuous marriage found such by the conviction or judgment of a court in the lifetime of the parties shall not be legitimate and when one ot the parties is an idiot or lunatic the issue shall be legitimate as to both BEC 4 where the marriage is contracted in good faith and with the belief of me carlies abata former husband or wife then living was dead or legally divorced the issue of anch marriage born or begotten before notice ot tho mistake shall bo the legitimate issue of both parents sac 6 courts having general equity jurisdiction may declare by force or fraud or at the instance of any next friends where the male was under six teen or the female under fourteen years of age at the lime ol 01 the marriage and the marriage was without the consent of the father guiher mui her guardian or other person having charge of his or her person and has not been by cohabitation after that aie SEC 6 marriages solemnized in any other country state or territory il valid where sol are valid here SEC 7 no manage solemnized before any person to have authority shall be invalid lor want of anch authority I 1 it Is consummated alta the belief of the parties or either of them that be bad authority and mat hare been la rial jy SEC 8 marriages shall be solemnized by the fol lowing persons only 1 l ministers of the gospel or ariesta of any denomination jn regular communion with any religious society 2 judges of the county and probate courts justices of the peace and judges of the district and supreme courts SEC 9 jno minister or priest shall solemnize marriage until he baa obtained a license from the probate judge of the coun byln which he realder re aldes upon said judge that he Is a man of good moral charac ter and in regular communion with his religious society and upon giving an undertaking to the territory with approved security in the sum of 1000 not to violate the law of the territory concerning marriage for any violation of the undertaking or the law the sureties may be aued civill yand the minister or priest be indicted and in any sum not ex ceding 1000 such license may be annulled by any judge alter notice to the per aon having it SEC 10 no marriage hall be solemnized without a license by the clerk of the probate court of the county in which the female felds at the she la of full axe or a widow an it is isred on her application in person or by by her it may ba issued by any probate clerk SEC II 11 it at the almo of applying for license the male shall be under twenty one or the female under eighteen years of age and not before married no license shall be issued without the consent of bis or her father or guardian or if there is none or he Is absent irom the without the consent of his or her mother personally given or bertl fled in writing to the clerk over his or her signature attested by two or more subscribing witnesses and by the oath ol 01 one of them by the derk when the parties are personally known to the clerk a license shall not itsue until an affidavit Is made before the clerk which shall be filed and preserved by him by the party applying for such license to ahe effect that there Is no lawful reason in the way of such marriage the party making said affidavit if he falsely wear cherio lh erio is guilty ot perjury sac 12 the person the marriage sall within thirty days thereafter return the license to the clrk of ahe probate court of be county whence issued with a certificate ol 01 the marriage over bis signature giving the date and place of celebration the names of some two or more persons present of whom there shall never be lass than two for failure to make such upturn he is guilty of a misdemeanor and shall be fined 50 sac 13 the license together with the certificate of the person at the marriage shall be filed and preserved by the sald clerk and shall be recorded by him in a boot kept for that purpose which shall be properly indexed in the names ol 01 the parties ao married person shall solemnize a marriage without such license or without being authorized to do BO by a probate judge I 1 he shall be imprisoned not less than one nor more than twive months in the county jail or fined net more than sloko or both fined and imprisoned 15 it any person not authorized shall solemnize solem niza marriage under pretense of having authority or personate the father mother or guardian in license he ball be punished by imprisonment in the penitentiary not three years s any authorized person shall know with or without license solemnize a marriage such as is herein prohibited he shall be imprisoned in tho penitentiary not exceeding enree years or fined not exceeding 1000 or both fined and imprisoned SEC 17 A clerk who shall knowingly issue a license for any prohibited marriane marri axe shall be punished by imprisonment in the penitent kary not exceeding two years or fined in any sum not by both fine and imprisonment and in the cabe of conviction shall be expelled from his office by the lude meat his conviction Is bad license contrary to his duty as herein prescribed he shall be fined not exceeding if the license 1 issued ay a deputy or other person be shall be not exceeding 1000 and in iho prohibited mallace man lace be exceeding two yeara or he div be by both fine and imprisonment SEC 18 in toe absence of or dui ing a vacancy tn alic office the license may ba issued by the judge who in so doing shall the duty and a sume all the tho and shall re turn thereof to the clerk and the same shall be recorded ag issued by him SEC 19 any oarth knowingly entering into a marriane marr iaze within the incestuous degree herein prohibited be punished by imprisonment in the penitentiary not less than three nor more than faheen rears SEC 20 when felt as to the validity of a marriage either parly may in a court ol 01 equity demand its avoidance or but when one ot the parties was within the axe of consent at tha time of the marriage the other party being ot proper age shall have no such proceed lne for that cause the party under ge SEC 21 all fines attached tor any violation of this act and all moneys collected from sureties on required to ba alveo y this net shall be paid into tho treasury of the Territory i and be held for the exclusive use and benefit of the common schools of the territory and distributed as all other public funds an distributed under laws thereof SEC 22 the of the several probate courts shall be entitled for each license as tided the sum of 1 and for record lue the edme when returned to him the bum of 81 25 i au of which he may demand at the time of license and the judee be entitled for his services in issuing a to a or priest the eum of this act shall take effect and be in boroa from and afar its passage mr king s motion that when tho house adjourn it bo until monday at 2 p in was carried unanimously mr alien presented tho following for its adoption supporting his motion in a speech of a few seconds production of gold an silver in utah ainuu uis 10 annually and biety alve percent of the doltl amount or sil er pro acel in utah and 91 g id arc tier ed from abse billiou aul uns aud the U on lead would close ohp of thousands of mei ut of gouid decre Ae the production of the precious prec ions a abbie indicated binl at alit inie lime would ibe ern ment thus id the in tho treasury and I 1 suj ot aur al b it revolted by the house f the counce chii lie lioi aulm T calne lo 10 Cn irom ut iti he requested to lay |