Show BHATER ONE r 5 1 The EdmundsTucker t BiinPassed JJ 5 St l 4S 9 if I j TIT XT OF THE BILL C v i I L First Fruits of tIl Loyal S Leagues Contributions > V IT WAS SrROXfrLY OPPOSED I By Caioe and Bennett but Went Through With a Whoop aDd n Yell An Almost Unanimous Vote S 1108t The scenes ion thestreet yesterday recalled the time or the1 passage bf the present Edmunds bill in March 1882 The one topic on all sides seemed to bp the measure now before Congress for the further enslavingof the Mor mqns and the expressions were of course varied according1 as the sympathies sym-pathies of the speakers were with the people here or the Rule or Ruin Clique at tho bottom of the whole of the present pres-ent agitation Mingling among the I street groups which stood on the corners cor-ners throughout the day discussing meagre news received by the newspapers news-papers from Washington it was easy to see that almost to man Gentiles were jubilant and intensely in favor of the bill There were some exceptions the more notable encountered being men with large business interests who were very fearful that i the bH passed tbe I result would be so much heartrending I ing anger jealousy and soreness among I the enthralled people that a41 the interests in-terests of the Territoiy must suffer Mormons universally recognized the gravity of the situation but the most prominent did not concede that the uill was sure to pass Later ih the I afternoon however adispatch came to THE HERALD announcing the passage of the bill by a big majority and as soon as the news became spread on the street there was an excitement excite-ment in all quarters and loud mani festationsbf joy from the advocates of the measure THE HERALDS special tells its own story I ALMOST UNANIHtOUS The Infanioas measure Passes with nol n-ol and n Whoop t WASHINGTON DC January 12 Special to TIE HERALD The Edmunds Tucker bill as amended by th House judiciary committee com-mittee was passed today at 520 The debate on the bill was limited to four hcmrs by consent aylorr opened and discussed in favor of the bill He was followed by Caine Utah in a speech of an hour and a half His speech was referred to on all sides as an able eloquent elo-quent epositon of the enormity ol the proposed legislation At the conclusion he was congratulated by many persons Bennett North Carolina followed Caine in a speech of an hour ia which he exposed many of the worst features of the bill Reed Maine spoke twenty minutes in favor of the bill and the debate was closed by Tucker in a speech full of violence exaggeration misrepresentation misrepresenta-tion and buncombe At the conclusion ton he moved the previous question which was carried and then the vote on the l passage of thebiUwastakbn vivavocc and only 3 few voices T ere heard in the negative I neg-ative 1 amendments to the bill were I cut off except the one proposed by i Tucker himselfwhich makes municipal officers appointive In the opening of the discussion there appeared to be a great deal of fairness and jCandor display dis-play HO SuYOCdCCS 01 t U6 DXlljQUt afterttie bpVoneufsBoTvthe measure nat exhaiaed their timeand wero left without with-out opportunity to reply then Reed lad t Tucker resorted topuisrepresentav I tion andippeal3 tcij prejudice and gen3 r A eralluisstatement ot facfand the temper of the House appeared to change The discussion continued beyond the usual hour jfoij adjournment ho House tbiuned out very much as many of the mberswentaway r dinneVs etc 1 that there was a perfect clamor for the I vote The bill was passed with a whoop I t U Bowl It may bV said to i have passed unanimously < I I I There was on every hastfang ignorance fo the real contents of the I bill and It is to afTord thIs mformation that we now represent the measure entire as it came before the House yesterday I terday It will be remembered taut at the time of its publication in Salt Lake i ist summer the other papers gave an i itJCJrrect copy and that THE HERALD j I later published the only correct one I 4iven t the public Garbled versions I j have ngain been put forward lately an i some erroneous impressions have been Ie I eted Following is the amended bill as it was reported to the House by the committee on judici iry June 10th So6 It was read twice and refrrred to them January 12 > b ISSti so that all it now lacked was its third reading before the arguments nd the roll Call ou its passage pas-sage ABILL I i To africnri fti art entUlettJn Act to iwirwJ ScsZton nftfp hrc hundred and t f ltyttco of Uie licaued Statute of the tjc t ljitttl Sttct IM trferenct if b jainy And for Other pu jio e t approvtil 3ucA tic n fFWlJ eitjthccti hundred S c 5 i f dred anlghtr I Be i enacted bitfltfcfFenatc anilIfvuse f fieprescn < atis f tye Uytcd 5ffa r j i of America tn Coigress 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 t testify as to any statement or communication made by either husband or wife to each other during the existence of the marriage I mar-riage relation deemed confidential at common law SEC 2That in any prosecution for bigamy polygamy or unlawful cohabitation cohabi-tation under any statute of the United 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 i shall appear by the oath or affirmation of at least two credible persons per-sons in writing to the commissioner justice judge or court as the case maybe may-be that there is reasonable ground to believe that such witness will unlawfully unlaw-fully fail to obey subpoena issued and served in the usual course in such cases and in such case the usual witaess fees shall be paid to such witness so attached at-tached Povided hat the person so attached may at any tim secure hisor her discharge from custody by executing execut-ing a recoguzance before any commissioner commis-sioner Judge justice or court of the United States with sufficient surety conditioned for the appearance ot sued person at the proper time as a witness in the cause proceeding wherein the attachment nlay be isaqed SEC 3That every ceremony of marriage mar-riage or in the nature of a marriage ceremony of any kind in any of the Territories of the United States whether ejthpr or both or more of the parties to sn h ereony be lawfully competent to ba tne subjects of sucb marriage or ceremony or not shall be certified by a writing stating the fact and nature of such ceremony the full names of cadh of the parties concerned and the full name of every officerpriest and person by whatever style or designation desig-nation called or known in any way I taking part in the performance of such ceremony which certificate shall be drawn up and signed by the parties to such ceremopy 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 filed in the office of the ceremony fed ofce probate pro-bate court or if there be none in the office ot the court having probate powers in the county or district in which such ceremony shall take Rla for record and shall be immediately recorded 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 priina facie evidence of the facts required by this act to bA stated therein in any proceeding civil or criminal in which the matter > be drawn in question Any person who sjall willfully v olat any of the provisions provi-sions of this section shall be deemed guilty of a misdemeanor and shall on coaviclim thereof be punished by a fine of not raore than one thousand dollars or by imprisonment not longer I than two years or by both said punishments I pun-ishments in the discretion of the court SEC 4 i hat nothing in this act shall be held to prevent the proof of marriages mar-riages whether lawful or unlawful by any evidence now legally admissible for that purpose SEC 5 That it sbal not be lawful for any female to vote at any election hereafter here-after held in the Territory of Utah for any public purpose whatever and no such vote shall be received or counted or given ellectin any manner whatever and any and every act of the Governor and legislative Assemblv of the Territory tory of Utah providh g for or allowing the theregstration I r young by female is h reby annulled SEC G That all laws of the Legislative Legisla-tive Assembly of the Territory of Utah which provide for numbering or identifying iden-tifying the votes of the electors at any election in said Territory are hereby disapproved and annulled but the foregoing provision shall not preclude the lawful registration of voters or any other provisions for securing fair elections which do not involve the disclosure of the candidates for whom any particular elector shall have yjed SEC iThat the laws enacted by the Legislative Assembly of the Territory of Utah conferring jurisdiction upon probate courts or the judges thereof or any of them in said Territory ether thai in respect of the estat s at dece lsed persons and in respect of the guardiau hip of the persons and property of infants in-fants and in respect of tne persons and property of persons nOt of sound jnind are hereby disapproved and annulled I an-nulled and no probate court or judge of probate shall exercise any junsdia tion other than in respect of the matters I ters aforesaid and cverr such jurisdiction juris-diction so by force of this act il drawn from the said probate uours or judges shall be had attJ exercised by respectively the district courts of said Territory SEO 8Thtet i any person related to another person within and not including in-cluding the fourth degrte of consanguinity consan-guinity commuted according to the rules of the civil law shall marry or cohabit with or have sexual intercourse with such other so related person knowing heror him to be within said degree of Relationship the pe SOl ao ptlending shall be deemed guiltyof incest in-cest and on conviction thereof shall ba punished by imprisonment in the Penitentiary not le > s than three years and not more than fifteen years SEC 9 That when sexual intercourse inter-course is committed between a married person of one sex and an unmarried person of the other sex both persons shall be deemed guilty of adultery and shall upon conviction thereof be punished by fine not exceeding 100 orb or-b imprisonment not exceeding three months or both in the discretion of the court f1 lOThat all laws of the Legislative Legis-lative 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 instituted in the same way that prosecutions for other crimes are Sxc HThat the marriage relation between one person of either sex and more than o e person of the other sex shall be deemed polygamy Polygamy or any polygamous association or cohabitation cohab-itation between the sexes is hereby declared de-clared to be a felony and shall be punished pun-ished by confinement in the Penitentiary Peniten-tiary for a term of not less than one year norm ra than xfive wears and the continuance of he j > olygarny of polygamous assotnation or cohaoita6oii Between the sexes afterany indtjt y > sr A meat orother legal proceeding is commenced com-menced against any person shall be deemed aforesaid a new offensepunishable as SEC 12 That the laws enacted by the Legislative Assembly of 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 disapproved dis-approved 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 apply to any illegitimate child born within twelvemonths twelve-months after the passage of this act nor to any child made legitimate by the seventh section of the act entlled An act to amend section fiftythree hundred and fifty two of the Revised Statutes of the United States in reference to bigamy and for other purposes pur-poses approved March 22 1882 SEC 13Tbat nothing in this act Contained shall be construed to repeal the act of Congress entitled An Act to amend section fiftythree hundred and fiftytwo of the Revised Statutes of the Unitrd States in reference to bigamy and for other purposes approved March twentysecond eighteen hundred hun-dred and eightytwo but the provisions of said act except in Sd far as they are repugnant to this act shall be applicable cable to this act as i herein expressly I mentioned and the power given to the President by the sixth section of said I act hall be applicable to the offenses created by this act SEC HThat the acts of the Legislative Legis-lative Assembly of the Territory of Utah incorporating continuing or providing viding lor the corporation known as the Church of Jesus Christ of Latter day Saints and the ordinance of the so called General Assembly of the tate of Deseret incorporating the Church of Jesus Christ of Latterday Saints so far as the same may now have legal force and validity are hereby disapproved and annulled and the said corporation in so far as it may now have or pretend to have any legal existence is hereby dissolved SEC 15That all laws of the Legislative Legis-lative Assembly of the Territory of Utah or of the so called government of the State of Deseret creating organizing amending or continuing the corpora tion or association called the Perpetual Emigrating Fund Company are hereby disapproved and annulled and the said corporation in so far as it may now have or pretend to have any legal existence exist-ence is hereby dissolved and it shall not be lawful for the Legislative Assembly As-sembly of the Territory of Utah to create organize or in any recognize re-cognize any corporation or association or to pass any law for the purpose of or operating to accomplish the bringing of persons into the aid TerritOy for any purpose whatsoever SEC 16That it shall be the duty of the AttorneyGeneral of the United States tp cause such proceedings to betaken be-taken in the buprerae Court of the Territory Ter-ritory of Utah as shall he proper to declare de-clare void and to dissolve the said corporations cor-porations mentioned in the preceding I 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 SEC liThat the eleventh paragraph of the third section of the act entitled An Act in relation to courts and judicial ju-dicial officers of the Territory of Utah approved June 23i 1874 be aud the same is hereby amended so as 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 all criminal cases where the accused shall Have been sentenced to capital punishment or 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 reference to bigamy and for other purposes approved March 22d18b2 or under this act whether the judgment complained was rendered before or after the approval of this act and a writ of error fropi the Supreme Court of the United States to the Supreme Court of the Territory or an appeal ta the Supreme Court of the United States from the Supreme Court of the Territory Terri-tory shall likewise he and be allowed or to any judgment or decree rendered in any proceeding or suit au thorized under tho sixteenth section of this act And the Supreme Court of the United States is authorized to speed all cases arising under this section and dispose of them as promptly as possible without regard to their place upoi the docket Piovtded houever that the writ oi error or appeal hereby allowed staT betaken be-taken and prosecuted within the nero limited in like cases from judgments and decrees cf the Circuit Courts of the United States or within one year from j the approval of this act SEC 18 That all religious societies ects or denominations shall have the right to have and to hold through trustees appointed by the several county courts of the Territory mucli real property for thcerection houses of worship and for the residence 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 sect or denomination Provided Iwv ere That such real property shal not exceed an incorporated town or city ten acres or ea where fifty acres 01 shall any such sod ° ty sect or denomination denom-ination have and hold except in the value of buildingerected on daid real property as aforesaid and in the value of the personal property used in religious reli-gious Worship or for the comfort d f those assembled1 tLerefor a greater amount in money value than fifty thousand1 dollars SEC 10That commissioners ap pnnted by the Supreme Court aud District Courts in the Territory of Utah shall possess and may exercise all the powers and jurisdiction that are r maybe may-be possessed or exenrsed by justices of the Peace in said Territory under the laws thereof and the same powers conferred con-ferred bv law on commissioners appointed ap-pointed by circuit courts of the United ctates ctaterc 20That the marshal of said Territory Ter-ritory of tat and his deputies shall possess and may exeicise all the powers in executing the laws of the United States possessed ant exercised by sheriffs and their deputies as peace officers and ech of them shall arrestor arrest-or J cause 10 be arrested gall offenders offend-ers against tLe law in his view and carry them bef jre the proper officer or court for examination according to law They shall have power to prey nt assaults as-saults and batteries and to quell and suppress riots routs and affrays 3Kt2rhat all laws passed fav the socalled State of Desertt aiid by tOt Territory of Utah for the organization of the unhtia thereof or for the creation of the Nauvoo Legion are hereby an jjulled repealed and declaredvoid ahd of no effect and the militia ofII tah T I 9 shall be organized and subj I d din 0 all ibeiJaitca atatesi reset toJheiZlWSP1 Territories the in Ten T gu1ating l the militia That 1 all general ur Psovided however al shall be ppbinted by cers oLthe militia of the Telrltory by the Governor advice and consent and with the thereof Ie Legislative of the Council of Utah shall have lative Assembly the for organzm to pass JaWs tie militia power thereof subject to the acpoval of Congress laws passed by the 22Thatall General SEC Assembly of Deseret by tier Assembly of Utah granting Legislative I water umber or herd r or confirming any tm confrming doma the public rights on any part of < right par to privilege therein any or any special privi ecclesiastic person or to any civil or eccleslstc association or tcfanj per corporation or associaton of any such I son for the use and anS association are hereby or corporation annulled and declared void And the Attorney General of the United Jdtates is hereby directed to cause such proceedings pro-ceedings to be had in the Supreme Court of Utah as shall en l of the Territory lorce this section and also fo avoid and set aside all fraudulent entries upon al claims to homestead or preejnption tad prejption to lands in said Territory as may come his knowledge And the Supreme Court of said Territory shall have all needf ul jurisdiction in law and equity for the purposesjof this act SEC 23 aN A widow shall endowed en-dowed of y a thiro part of all tiM lands whereof her husband was seized of an estate of inheritance at any time dur inhertance have lug the marriage unless she shall lawfully released her right thereto lawfuly widow of any alien who at the time of his death shall be entitled by law to hold any real estate if she beau be-au inhabitant of the Territory at tHe < entitled ro time Of such death shall be entied tme dower of such estate in the same man mer as if such alien had been a native citizen I c If a husband seized of arr estate of inheritance in lands exchanges them inleritance for other lands his widow shall not have dower of both1 but shall make her election to be endowed of the lands given or of those taken in exchange and i such election b not evinced by the commencement of proceedings to recover her dower of the lands given in exchange within one year after the I1 I death of her husband she shall be deemed to have elected to take her I dower of the lands received in exchange ex-change d When a person seized of an estate I of inheritance in lands shall have executed I exe-cuted a mortgage or other like conveyance I convey-ance of such estate before marriage his widow shall nevertheless be entitled Ito I-to dower out of the lands mortgaged so conveyed as against eery person I except the mortgage or grantee and I those claiming under him e Where a husband shall purchase 1 lands during coverture and shall at the same time execute a mortgage or other like conveyance of his estate in such lands tosecure the payment of the purchase pur-chase money his widow shall not be entitled en-titled to dower out of such lands asa as-a ainst the mortgagee or other grantee or those claiming under him although she shall not have united in such mortgage mort-gage but she shall be entitled to her dower in such lands as against all other persons t i I f Where in such case the mortgagee or other grantee or those claiming under un-der him shall after the death of the husband of such widow cause the land mOl t aged or so conveyed to be sold either under a power of sale contain din d-in the mortgage or conveyance orby virtue of the decree of a court of equity and if any surplus shall remain after I payment of the moneys due on such I mortgage or conveyance and the costs I I and charges of the sale such widow i shall nevertheless be entitled to the interest in-terest or income of the onethrd part of such surplus for her life as her dower > g A widow shall not be endowed of lands onveyed to her husband by way of mortgage unless he acquire an absolute ab-solute estate therein during the marriage mar-riage period I > In case of divorce dissolving the marriage contract for the misconduct of the wife she shall not be endowed i The term lawful wife wherever used in this statue shall be held to mean in all cases of Mormon orplural m rr g s the first wife and such wife only snail be entitled to Uuwefunder this act on the death of her husband Sic 2LThat the existing election districts and apportionments of distrcts apporLilm representation repre-sentation concerning the members of the Legislative Assembly of the Territory Terri-tory of Utah are hereb abolished audit aud-it shall be the duty of he Governor Territorial Secretary and the United States Marshal in said Territory forthwith forth-with to redistr said Territory and apportion representation n inthe same in such manner as to provide as nearly as may bej for an equal reprcsentatipn of the people lX tub Jndianrf Jndt States taxed according being citrons to numbers of thu G Jdt Legislative Assunblj l and to the nuns her of members of the Counciland House 01 Repreentaives respectively as now established by Jaw and a record of the establishment of such new districts dis-tricts and the apportionment of representation repre-sentation thereto shall be made in the office of tncbecretary of aid Territory and such establisbraenfanfiT reieiita tion sfiall continjue tiutil Congress shall otherwise provIde aid 11 persons other ih in citizens of the United States otherwise quaiitiej > hall be entitled tj vote at aiu election in fait Territory C2iTaat the provisipus ofsec tion nine oC said act approved March 22d12 in regard registration rejad lOrtgisirlor and election offic rs and the r htration of voters and the conduct of elections and the powers and duties of the board thereinsutntioued halbcontinneand remathjbp ratise und tbe A and laws tb WI refer d tto balla e and enacud lytbe jgi lative Aem bly of said Terntorv of Utah shall have been made and enac ed by said Assembly and grass shall have been aPOVe1 i by Con Sec 2iThat very malelr rsn mer 21 3 ears o age resident in r the Tern TEri tory ot Utah sall saI appear before the clerK of the probate court of the cm tlH v wherein he resides and register him J ei by ms full name with his age plnc i ni business his status whether aSirfeLr married and if untried the lgle or his lawml wife and shall name of take hal and ub scrioe an oath to be 3afd SCl ned in tled said onnri J stating the facts aforesaid J fact in t rn ani tsat he will hl w11 support the Constiinhn United States and will ffifnV te fait1ifulj the laws wi faihfulh obe law thereof and elreci i the law aforesaid e3Jecia y will obty d Marc re twentysecoud l 182 anti this i t act in respect of the crimes in fined a Dd forbidden said acts de tntd and that he will not and directly or indirectly wi coumel or advise cl1 aid abet advIe any other Person to Tniit the same No pet roistered or whp haY have person Los ao bee vicled of an eft con ur > der An any Act crime to tin ader < this Acl or of the Hex he i StbtU amend Otullu 5352 States in S of the United reference Jtltes to i lnlea other purposes bigamy all for oter es 182 or tlrpo who shall aPProvrdr1ar ii l 22 snail asociat POnEI3ttJr associate on c i cohabit aiti Personsof tl0 b Polygauitislv ter the other PqlygllllS1 > AJ i snail not take and SUbscribe the aforesaid e hall be entjt oatb to any election in the entited Vote in capable of jury Terriory bOlor b office of trust or t bolfi rltory trt or emolument in the Ter ally SEC 27That the rtory of Utah shaH hereafter Council of the Tar thirteen consist Members bSlst of President by and with appointed the by the advj consent of toe Senate evpW twoand < the members of which shall two yeara sTernb be Cif7 resident in the said TemtS citize0 8 emtory one to selected from each district P b VAtObii of the ntory according to the Ter provided for in the 23d appointment actSEC 1 section of tho w SEC 2SThatatljhgesof the COunt and probate Courts and counts each county of said selectmen Territory l lori antI clerks of said courts justices i of the all peace sheriffs constables aud other er Territorial district county and district rm shalL after the expiration of the Officers tenns of office ot those ofce 9 now in office be pointed as follows and alllaws to the IP contrary are hereby repealed The President shall have power oommate and > by and with the advW to and consent of the Senate to advic all judges and selectmen of the appoint County and probate courts for court the term of two years The said courts shall appoint sbal their clerks recorders and registers deedsrwills alfd other papers by law of xeq uiied to t fecorded A S The Governor by and with the advice ad-vice and consent of the Council shall have power to appoint all shal thepeace all sheriff constables and all other county and district officers of the Territory not heiem otherwise piovided for otltwise 7SECJ9 That the office qt Territorial superintendent of district schools school created cre-ated by the laws of Utah is hereby abolished and it shall be the duty of the Governor of said Territoryto ap pOint a commissioner of schools who shall possess and exerciseall the powers and duties heretofore imposed by the laws of said territorytip6n the Territorial superintendent of district schools and who shall receive the same salary end compensation which shall be paid out of the treasury of said Territory Terri-tory The said commissioners sbalt have power to prohibit the use in any district school of any book of a sectarian sec-tarian character otherwise unsuitable able Said commissioner shall collect col-lect and classify statistics an i other information respecting the district J schools in said Territory thowing their progress the wliole number oi children of school age the number fwho attend 1 school in each year in the lespechve i countieji and average length of time of their attendance the number of teachers teach-ers and the compensation paid to the same the number of teachers who are Mormons the number who are not I Mormons the number of children of I Mormon parents and the number of children parents who are not Mormons Mor-mons and their respective average attendance at-tendance at school All of which statistics stat-istics and information shall annually reported toCongress through the Governor Gov-ernor of said Territory and the Department Depart-ment of the Interior |