Show THE CORRECT OJDL i Full Text of the 1roposed N elv < < Law T 1 w 9 w J J II THE IMPERFECT VERSION The Infamous Measure Sow OB the Calendar pr theHoni TUe Newt New-t aDd TrlbU O Jiills incomplete I THE HERALD had made all arrangements arrtnge ments to have Ccopy i of the Utah bill recently reported fo the House by Tucker forwarded at the earliest moment mo-ment atwhich it could be secured Wfe were therefore somewhat surprised sur-prised to see the bill appear in the Neus of Monday eveningand feltassured there must be something wrong with that papers account as itcould not have reachedhere from Washington in that time after having been placed on thellouse calendar The receipt of the following bill from Washington last evening explains that the one published I by the hews is very incomplete and imperfect im-perfect and as the Tribune admits that it copied from the dews its ver ion alike needs correction After the seventh Section the numbers of the sections in the correct bill below and the other do not agree in a single Instancea point which will be material when the sections come up in the debate on the passage should that event be reached Section 9 is omitted altogether from the incorrect version and the other changes omissions and general differences dif-ferences are too numerous for mention Thee most important occur in sections 1517 232423 and29 and a number of them particularly that referring to the Supreme Courts advancing the consideration con-sideration of unlawful cohabitation cases it will be seen are very essential A BILL To amend an act entitled An Act to amend section fiftythree hundred and fifty = two of the Jlevised Statutes of tile United States in reference to bigamy and for other purposes approved March licentyiecond eigtheen hundred hun-dred and eightytun I Be it enacted by the Senate and Howe of Representatives i of the United States of America in Congress assembled That in any proceeding and examination before be-fore a grand jury a judge justice or a United States commissioner or a court in any prosecution for bigamy polygamy or unlawful cohabitation under any statute of the United States the lawful husband or wife of the person per-son accused shall be a competent witness wit-ness and may be called but shall not be compelled to testify in such proceeding pro-ceeding examination or prosecution and shall not be permitted to testify as to any statement or communication made by either husband or wife to each other during the existence of the marriage mar-riage relation deemed confidential at common law SEC 2 That in any prosecution for bigamy polygamy or unlawful cohabitation cohabi-tation under any statute of the Unit d States whether before a United States commissioner justice judge a grand jury or any court an attachment for any witness may be issued by the court judge or commissioner without a previous pre-vious subpoena compelling the immediate im-mediate attendance of such witness when it shall appear by the oath or affirmation cf at least two credible persons per-sons in writing to the commissioner justice judge or court as the case may be that there is reasonablaground to believe that such witness will unlawfully unlaw-fully fail to obey a subpoena issued and served in the usual course in such cases and in such case the usual witness fees shall be paid to such witness so attached at-tached Provided That the person so attached may at any time secure his or her discharge from custody by executing execut-ing a recognizance before any commissioner commis-sioner justice judge or court of the United States with sufficient surety conditioned for the appearance of such person at the proper time as a witness in the cause or proceeding wherein the attachment may be issued SEC 3 That very ceremony ot mar riage or in the nature of a marriage ceremony of any kind in any of the Territories of the United States whether either or both or more of the parties to such ceremony be lawfully competent to be the subjects of such marriage or ceremony or not shall be certified by a writing stating the fact and nature of such ceremony the full names of each of the parties concerned and the full name of every officerpriest and person by whatever stye or designation desig-nation called or known in any way taking part inthe performance of such ceremonywhich certificate shall be drawn up and signed by the parties to such ceremony and by every officer priest and person taking part in the performance of such ceremony and shall be by the officer priest or other person solemnizing such marriage or ceremony filed in the office of the probate pro-bate court or if there be none in the office of the court having probate cowers cow-ers in the county or district in which such ceremony shall take place for record and shall be immediately recorded re-corded and be at all times subject to inspection as other public records Such certificate or the record thereof or a duly certified copy of such record shall be prima face evidence of the facts required by this at to b stated therein in any proceeding civil or criminal in which the matter shall be drawn in question Any person who shall wilfully violate anv of the provisions provi-sions of this section sill be deemed guilty of a misdemeanor and shall on conviction thereof be punished by a fine of uot more than one thousand dollars or by imprisonment not longer than two years or by both said pun ishments in the discretion of the court SEe 4 That nothing in this act shall be held to prevent the proof of marriages mar-riages whether lawful or unlawful by any evidence now legally admisaable for that purpose Ee 5 That it shall not be lawful for any female t vote at any election her after held in the Territory of Utah for any public purpose whatever and no such vole shall be received or counted or given effect in any man bAtee and any and every act of the Governor and Legislative Assembly of the Terri tory of Utah providing for or allowing the registration of voting by females i hereby annulled Sec C That all laws of the Legisla tive Assembly of the Territory of Utah which provide t for numbering 4 or Identl I CW fyInghe l toes ofltie eefors Ata eectionWsaidJTerrilorv are berebrf disapproved and annulled f but the foregomg provision shall not preclude the labial l jegfctraUoa of voters or any other provisions for securing fair elections which do not involve the disclosure t the candidates for whom any particular elector shall have voted SEC 7 That the laws enacted by the Legislative Assembly of the Territory of Utah conferring jurisdiction upon probate pro-bate courts or Ure judges thereof or any of them in said Territory other than in respect of the estates of deceased persons andin respect of the guardianship guardian-ship of the persons arid property of infants in-fants and In respect of the persons and property of persons not of sound prons mind are hereby disapproved and annulled an-nulled and no probate court or judge of probate shall exercise any jurisdiction jurisdic-tion other than in respect of Ufa matters mat-ters aforesaid and every such jurisdiction juris-diction so by force of this act withdrawn with-drawn from the said probate courts or judges shall be had and exercised by the district courts of said Territory respectively respectvel EEC 8 I any person related to another any other per n within and not IncudIng the fourth degree of consanguinity computed according to the rules of the civil law shall marry or cohabit with or have sexual intercourse with such other related person knowing her or him to be within said degree of relationship relation-ship the person so offending shall bed be-d emed guilty of incest and on conviction convic-tion thereof shall be punished by imprisonment im-prisonment in the Penitentiary not less tan three years and not nlore tbanfif teen years SEC 9 When sexual intercourse i committed between a married person of one sexand an unmarried person of the I other sex both persons shall be deemed guilty of adultery and shall upon conviction con-viction thereof be punished by fine not exceeding 10 or by imprisonment not exceeding three months or both in the discretion of the court SEC 10 That all laws of the Legislative Legisla-tive Assembly of the Territory of Utah which provide that prosecution for adultery can be commenced only on the complaint of the husband or wife are hereby disapproved and annulled and all prosecutions for adultery may hereafter be instituted m the same I way are that prosecutions for other crimes areSEC 1 That the marriage relation between one person of either sex and more than one person of the other sex shall b deemed polygamy Polygamy or any polygamous association or cohabitation between the sexes i hereby declared to be a felony and shall be punished bv confinement in the Penitentiary for a term of not less than one year nor more than five years and the continuance of the polygamy or polygamous association or cohabitation i between the sexes after any indictment indict-ment or other legal proceedings is commenced com-menced against any person shall be deemed a new offense punishable as aforesaid SEC1 That the laws enacted by the legislative assembly the Territory of Utah which provide for or recognize the capacity of illegitimate children to inherit or to be entitled to any distributive distribu-tive share in the estate of the father of such illegitimate child are hereby dis approAed and annulled and no illegitimate illegiti-mate child shall hereafter be entitled to inherit from his or her father or to receive re-ceive any distributive share in the estate of his or her father Provided That this section shall not annly to any illegitimate child born within twelvemonths twelve-months after tho passage of this act nor to any child made legitimate by the 7th section pf the act entitled An act to amend section 53S2 of the Revised Re-vised Statutes of the United States in reference to bigamy and for other purposes pur-poses approved March 221SS2 SEC 13 That nothing in this act contained shall be construed to repeal the act of Congress entitled An Act to amend section fiftythree hundred and fiftytwo ot the Revised Statutes ot the United States in reference to bigamy and for other purposes approved March twentysecond eighteen hundred hun-dred and eightytwo but the provi sions of said act except in so far as they are repugnant to this act shall b applicable to this act as If herein expressly ex-pressly mentioned and the power given to the President by the sixth section of said act shall be applicable to the offenses of-fenses created by this act SEC 14 That the acts of the Legislative Legis-lative Assembly of the Territory of Utah incorporating continuing or providing for the corporation known as the Church of Jesus Christ of Latter dav Saints and the ordinance the so called General Assembly of the State of Deseret incorporating the Church of Jesus Christ ot Latterday Saints so far as the same may now have legal force and validity are hereby disap proved and annulled and the said corporation in so far as i may now have or pretend to have any legal existence exist-ence is hereby dissolved SEC 1 That all laws of theLegislative Assembly of the Territory of Utah or j of the socalled government of oJ State of Deseret creating organizing amending or continuing the corporation corpora-tion or association called the Perpetual Emigrating Fund Company are hereby disapproved and annulled ad the said corporation in s far as it clay now have or pretend to have any legal existence exist-ence Is hereby dissolved and it shall not b lawful for the Legislative Assembly As-sembly of the Territory of Utah to create organize or in any manner recognize re-cognize any corporation or asociation or to pass any law for the purpose ot or operating accomplish the bringing briDJg of persons into the said Territory any purpose whatsoever SE 16 That i shall be the duty of the AttorneyGeneral of the United States to cause such proceedings to betaken be-taken in the Supreme Court of the Territory Ter-ritory of Utah as shall b properto dec de-c void and to dissolve the said corporations cor-porations mentioned in the preceding section and in the 14th section of this act and pay the debts and to dispose of the property and assets thereof according ac-cording to law and equity d SEC 17 That the eleventh pncraph j of the third section of the act entitled I An Act in relation t courts and judicial ju-dicial officers the Territory Utah approved June 23 1S74 b and the same is hereby amended so a to read as follows A writ of error from the Supreme Court of the United States to the Supreme Court of the said Territory Terri-tory shall lie in a criminal cases where the accused shall hare been sentenced to capital punishment convicted of bigamy polygamy or unlawful cohabitation cohabi-tation or of any offense under the act entitled An Act to amend section fiftythree hundred and fiftytwo of the revised statutes of the United States in rec to bigamy and forother purposes pur-poses approved March 22 1832 or under this act whether the judgment juigent complained of was rendered before or i after the approval ol this act and a writ of error from the Supreme Court of the United Suites to the Supreme i i tl W 1 11 V J lta Coarrof the 1h erruory oran appeal ° to theSTme Courtof the Untied States from the Supreme Court of the Terri tory shall likewise lie and o allowed or to anyjudgmentmmecree rendered in anyproccedlng or suitnuthorized under the sixteenth section of this act And te the Supreme Court of the United States is authorized tb speed all cases ariiing under this section and dispose of them as promptly as possible without regard to their place upon the docket Provided however that the writ of error or appeal hereby allowed shall betaken I be-taken and prosecuted within the period limited in like cases from judgments and decrees cf the Circuit Courts of the United States or within one year from the approval of this act SEC 18 That all relizious societies sects or denominations shall nave the right to have and to hold through trustees appointed by the several county courts of theTerritory so much real property for the erection of houses of worship and for the resicence of minister priest or other religious teacher as shall be needed for the convenience con-venience and use of the several congregations con-gregations of such religious society denomination ided how sect or Provided how err That such real property shall not exceed m an incorporated town or city ten acres or elsewhere fifty acres Nor shall any such society sect or denomination denomi-nation have and hold except in the value of buildings erected on said real property as aforesaid and In the value of the personal property used m religions religi-ons worship or fur the comfortof those assembled therefor a greater amount in money value than genter thousand I dollars SEC 19 That commissioners appointed ap-pointed by the Supreme Court and district curts in the Territory of Utah shall possess and may exercise all the pssess eere powers and jurisdiction that are or maybe may-be possessed or exercised by justices of the peace in said Territory u der the laws thereof and the same powers conferred con-ferred by law on commissioners appointed ap-pointed by circuit courts of tho United states Ssc 2 That the marshal of saidTer snry of Utah and his deputies shall possess and may exercise the powers in executing the laws ot the United States possessed and exercised by sheriffs and their deputies as peace pace officers and each of them shall arrestor arrest-or shall cause to be arrested all offenders offend-ers against the law in bh view and carr them before the proper officer nr court for examination according to law They shall have power to prevent as sauts and batteries and to quell and suppress riots routs and affrays SEC 21 That all laws passed by the socalled State of Descret and by the Territory of Utah for the organization of the militia thereof or for the creation of the Nautoo Legion are hereby annulled an-nulled repealed and declared void and of effect and the militia no efect mila of Utah hall be organized and subjected in all respects to the laws of the United States le regulating the militia in the Territories Provided hoverer That all general officers offi-cers of the militia shall be hppointed by the Governor of the Territory The Legislative Assembly of Utah shall have power to pass laws for organizing the militia thereof subject to the approval of Congress SEC 22 That all laws passed by the General Assembly of Deseret or by the Legislative Assembly of Utah granting or confirming any water timber heaa rights on any part of the public domain or any special privilege therein to any I person or to any civil or eccles iastical corporation or association or to any person for the use and benefit of any such corporation or association are hereby annulled and declared void And the AttornevGeneral of the United States is hereby directed to cause such proceedings to be bad in the Supreme Court of the Territory of Utah as shall enforce this section and also to avoid and set aside all fraudulent entries I en-tries upon homestead or preemption I claims to lands in said Territory as may i come to his knowledge And the Supreme Su-preme Court of said Territory shall have all needful jurisdiction in law and equity for the purposes of this act SEC 23 a A widow shall be endowed en-dowed of the third part of all the lands Jart whereof her husband was seized of an estate of inheritance nt any time during dur-ing the marriage unless she shall have lawfully released her right thereto b The widow of any alien who at the time of his death shall be entitled by law to hold any real estate Lie b an inhabitant of the Territory at the time of such Heath shall be entitled to dower of such estate in the same maif ner as such alien had been a native citizen citien c I a husband seized of an estate of inheritance in lands exchanges them brother lands his widow shall not have dower of both but shall make her election to be endowed of the lands given or of those taken in exchange I and i such election be not evinced by i the commencement proceedings to recover I re-cover her dower of the lands given in exchange within one year after the death of her husband she shall b I deemed to have elected to take her dower of the lands received in ex chanced chance-d When a person seized of in estate of inheritance in lands shall have executed exe-cuted a mortgage or other like conveyance convey-ance of such estate before marriage his widow shall nevertheless b entitled to dower out of the lands mortgaged or so conveyed as against every person except the mortgagee or grantee and I those claiming under him e Where a husband shall purchase lands during coverture and shall at these the-se time execute a mortgage or other like conveyance of his estate in such lands to secure the payment of the purchase pur-chase money his widow shall not be entitled to dower out of such lands as against the mortgagee or other grantee or those claiming under bun although she shal not have united in such mort gage but she shall be entitled to e dowerin such lands as against all other owen nl agnt persons prn personsWhere in such case Ihe mortgagee i morqge or other grantee or those claiming under un-der him shall after the death of the husband of such widow cause the land mortgaged or conveyed to b sold j either under power of sale contained in the mortgage or conveyance or byte by-te of the decree acourt of equity and i any surplus shall remain after 5rJln payment of the moneys due on such mortgage or conveyance and the costs and charges of the sale such widow shall nevertheless be entitled to the interest in-terest or income df the onethird part of such surplus for her life 1 her snc surluS 0 A widow shall not b endowed of lands conveyed to her husband by way of mortgage unless he acquire an absolute mortge solute estate Urein during thP marriage esfe t riage period Aj Incase of divorce dissolving the marriage contract for the tr induct of the wife she shall not be endow W shl i The terms lawful wife whenever used l this sfctute shalU be held t mean in all cases of Mormon or plural marragcjihe first wife aulsncn wife pif bill b entitled to dower under I this act ontbed ath of her husband SEA 21 That the existing election districts and apportionments of representation sentation concerning the members of the Legislative Assembly of the Terri tory of Utah are hereby abolished and it shall be the duty of the Governor Territorial Secretary and the United States Marshal in said Territory forthwith with to redistrict said Territory and apportion representation in the same in such manner a to provide a nearly a may be for an equal representation o the people excepting Indians not taxed being citizens of the United States according to numbers in said Legislative Assembly and to the number num-ber of members of the Council and House of Representatives respectively as now established bylaw and record of th establishment of such naw die tracts and the apportionment of tric1 apprtonment representation repre-sentation thereto shall b made in the office of the Secretary of said Territory and such establishment and representation representa-tion shall continue until Congress shall otherwise provide and no persons other than citizens of the United States otherwise qualified shall b entitled to vote at any election in said Territory SEC 2 That the provisions of sc tion nine of said act approved March twentysecond eighteen hundred and eightytwo in regard to registration and election officers and the registration registra-tion of voters and the conduct of election elec-tion and the powers and duties of the board therein mentioned shall continue and remain operative until the provision sion and laws therein referred to to be made and enacted by the legislative assembly sembly of said Territory of Utah shall have been made and enacted by said assembly as-sembly and shall have been approved by Congress SEe 2 Every male person over 21 years of age lesident in the Terri tory of Utah shall appear before the cleric of the probate court of the county wherein he resides and register himself by his full name with his age place of business his status whether single or married and i married the name of his lawful wife and shall take and subscribe sub-scribe an oath tube filed in said court stating the facts aforesaid and that hew will support the Constitution of the United States and will faithfully obey the law aforesaid approved March twenty second lSS2r approve act in respect of the crimes in said acts defined de-fined and forbidden and that he will not direct or indirectly aid abet counsel or advise any other person to commit the same No person not so registered or who shall have been convicted con-victed of any crime under this Act or under An Act to amend Section Si52 ofthe Revised Statutes of the United States in reference to bigamy and for other purposes approved March 22 1S32 or who shall b a polygamist or shall associate or cohabit polygamonsly with persons of the other sex or who shall not take and subscribe the oath aforesaid shall b entitled to vote i any election in the Territory or be capable of jury service or to hold any office of trust or emolument in the Territory Ter-ritory SEC 27 That the Council of the Territory Ter-ritory of Utah hall hereafter consist of thirteen members appointed by the President by and with the advice and consent of the Senate every two year the members of wbicbjsball b citizens resident in the sad Territory one to b selected from each District the Territory I Terri-tory according to the appointment provided for in the 24th section of this act actSEC 25That all judges of the county and probate courts and selectmen of each county of said Territory and all clerks of said courts justices of the peace sheriffs constables and other Territorial county and district officers shall after the expiration of the terms of office of those now in office b appointed ap-pointed as follows and all laws to the contrary are hereby repealed The President shall have power t nominate and by and with the advice and consent of the Senate to appoint all judges and selectmen of the county and probate courts for the term of two years The said court shall appoint their clerks recorders and registers of deeds wills and other papers by law required to be recorded paprs The Governor by and with the advice ad-vice and consent of the Council shall have power to appoint all justices of the peace all sheriffs constables and other county and districtpfflcers and all other officers of the Territory not herein otherwise other-wise provided for SEC 2 That the office of Territorial Territor-ial superintendent of district schools created by the laws of Utah is hereby abolished and it shall bo the duty of the Governor of said Territory t an point a commissioner of schools who pint z shall possess and exercise a the powers and duties heretofore imposed by the laws of said Territory upon the Territorial superintendent of district schools and who shall receive the same salary and compensation which shall be paid out the treasury ot said Territory tory The Bald commissioner shall have power to prohibit the use in any district school of any book of a sectarian tartan character or otherwise unsuitable unsuit-able Said commissioner shall collect col-lect and classify statistics and other information respecting the district schools in said Territory showing their progress the whole number of children of school age the number who attend school in each year in the respective respec-tive counties and average length of time o theIr attendance the number of teachers and the compensation paid to compnsaton the same the number of teachers who are Mormons the number who are not Mormons the number of children of Mormon parents and the number of children of parents who are not Mormons Mor-mons and their respective average attendance at-tendance at schooL 1 of which statistics sta-tistics and information shall be annually reported to Congress through the Governor Gov-ernor of said Territory and the Department Depart-ment of the Inferior |