Show r ME POOHBAHS The Arguments Made Before the Registrars Yesterday ON TH POLYGAMY QUESTION Hcssrs Moyle and Young for the People Messrs Dickson and McBrIde for the Liberals j The large issue of challenges sent out by Mr McCallum Tuesday night and which were said to contain the names of THE HERALDS one hundred were not returned yesterday morning according t order and so another ruse of Judge Powers came home as a boomerang The fact that the persons were not found nor summoned t appear before the registrar further attests the truth of THE HRS charges i they need any further attestation that those names are not regularly on the lit If they are bona fide residents of this city why didnt Judge Powers men fetch inwhen they were sent after We suggest to the officer who wishes t serve those objections that he read the description in THE HERALD of the alleged al-leged voters very carefully and then ransack the beer halls on Main street and elsewhere in this city and he will lind several of them sure True their faces are not very familiar in the streets of this cittf and the town has grown some since they wdfre last here and they may not have anywhere t ay their head but still tney may be found by diligent search and inquiry Hut they didnt come yesterday and so Mr McCallum had nothing t do i the morning Mr Morris heard a few cases Mr Winters hear the following James E Ellis charged with polygamy 1 Yas married to my wife about twentyt > even years ago Never have with two or more women as my wives Taken under advisement David Thomas Charge not a bona fide resident resi-dent of Salt Lane city Have made this my home since Ibd My parents live in Farmington but my home Is here now I go to Farmingtan once in a while I own no property there Q Where do you have your washing done Sometimes here sometimes there I ama am-a steady hand at the Utah Central depot Taken under advisement I the afternoon the three judges of the supreme su-preme court of registration sat together in the federal court rem t hear arguments on several questions which have arisen during the course of the last weeks seances Messrs Moyle and Young appeared for the Peoples party and Mr Djckson and Judge McBride for the Liberals V MR YOUNG OPENED byynjj he hardly knew how to address these pel owen but supposed inasmuch as they were sitting i a judicial capacity Your honors would be proper He said there were two or three points involved in the question he wished to be heard on Where polygamy or cohabitation cohabita-tion has existed where a man has had living two wives and one of them has either died or got a church divorce so called could be lawfully registered and vote W l Prestons case was cited as in point Where a man has but one wife living he maintained main-tained that he was eligibly entitled to vote Mr Dickson here said as far as he was concerned con-cerned he considered such a person a qualified voter and would not contest that point The case of Thomas Thomas presented another phase of the question He married his first wife 1 England and married a send wife some fifteen teen years ag They got a church divorce B Y Hampton presented another class He married mar-ried twenty years ago His second wife left the territory some years ago and the relation was dissolved by separation All these parties he cmalended were qualified voters It must be a JyXSilon of Intention followed by a condition of facts A second wife acquires no right before the law and the ceremony is not recognized as legal When the relation is dissolved by the same intent by which it was consummated he held relation that that was a effective wiping out of the The Hampton case where the wife has con traded a legal marriage with another man he thought pat an end t the question He assumed that he was a qualified voter There i an act of Congress providing for amnesty nesty but I am not so certain that that would qualify him There might be a case where such a person was still a polygamist That is not the only way in which he may renounce re-nounce that relation That is to cover the criminal part only J t is a question of absolute intention of fact Another cia s of cases i where the first wife has died and the husband is living with the plural wife without having married mar-ried her He was not s > o suns ul such ciies as these but thougat they should be governed by the same rule The opinion ot tue supreme court in the case of Murphy vs Ramsey and also in the case of Bennett berore Judge Zane were cited in support of his proposition SIR MOT said that in the opening of these hearings the PcopiC protested against the hearing of the cases in the manner done but inasmuch as tho objector was not called he maintained that the court was bound by the evidence before them and there 1 no evidence except that of the voters vot-ers and no difference what may be the floating opinion or rumor the court i bound by that evidence i evi-dence only which comes to them judicially He I also referredl the Bennett case when Judge Zane held that where the relationship was fully dissolved the party was not a polygamist MR DICKSOX said he was not acquainted wit the facts in but a few cases stilt he would attempt to answer franco the arguments advanced The mere flit that a mau has been here six months or a yenr v 11 not entitle him to vote if the cvi dce before the officer such that he believes it is not the intention of the party t make this his home he would be justified in striking the name from the list His resdence would begin only when he made up his mind to make his home here The fact a mans family was not here is only a circumstance that must be taken in consideration tion along with other facts I relation to the case of Bishop Preston he Mr Dicksouj held any such a man was entitled en-titled t vote His status had been put an end to in the most effective manner Under the Ed mundsTucker law a man who had at one time been a polygamis but whose first wife had died or left him but he still lived with his second wife he is living in a state of fornication and is disqualified I answer to the question of Mr Moyle as to how that would be where the first wife died before I be-fore the passage of a marriage law he said that he thouu the man was entitled to vote as to the urh uorce but for the decision of Juage i ivould have a decided opinion that a mab Wit such a divorce was still a polygamist A paper from the church has no more force than i such a case had not been heard Such a man i still amenable to the law against polygamy I would never dow do-w tolerate such a thing It is dangerous to act upon any such a rule There is a way pointed out by Mr Bishop it was a duty that they come into ccurt and pray a decree of nullity as to that marriage JUDGE MBIUDE I do not think any decision ba been made that is not In harmony with my views A bigamist biga-mist or polygamist is one who marries another wife He who lives with more than one woman Is a cohabitatiomt A man who marries more than one wife is just as much a polygamist twenty years after the marriage as the next day Do not coincide with Judge Zane though there Is much reason in that opinion He thought Mr Young hud been dealing with the relations of the practices of polygamist or bigamists instead of the status he puts himself in He had very grave doubts as t Mr Dick gp sons proposition to nullify the marriage Ho was inclined to controvert it When a man enutrs polygamy the status follows him through lilm How 1 that to be wiped out J The iresi C vgwtis authorized to grant amnesty and that is thionly manner of dissolving that relation That is the only way the status can be changed The Bennett case is scarcely in point anyway Judges Anderson and Blackburn decided exactly actly opposite in the naturalization cases Here a running argument occurred between I Moyle and Judge McBride on the point stated He further said I believe i following the authorities but when they are not in harmony har-mony I propose t follow which one suits me 1 say it is not In the power of the individual to dissolve this relation Even i the polygamous wife dies i docs not relieve the disability The man must follow fol-low the statute and get amnesty i he enjoys the right to vote I a ran has resided in the ter ritorysix months and in this immediate vicinity thirty faith locates days he here is entitled t vote i he i good JIB JIOYLE in closing the argument said he thought there was perfect harmony in the cases The Bonnet cabcJV as in exact harmony with other cases Anderson in the The question before Judge Aderon naturalization cases was on a different point There it was on the moral character of the applicant ap-plicant for citizenship But when a man had o ce become a citizen no court could curtail bis rights no difference how immoral he might be Judge Anderson he said had stated this much in that very case The questions presented were taken under advisement by the registration officers and the opinions trill be given in all cases probably tomorrow morrow the lat day of prace Vincent F Davis and William T Hadly called at THE HERALD place last evening to say that a mistake occurred in the published accounts of the testimony they gave before the registration officers i their gve They both came here in June last and have resided here since and ii tend t make this tieir home This they say is what they both testified to but tneir cases wet both taken under advisement |