Show 1 fORMAL PROTEST SENT TO CON GRES 1 t Contest Against Roberts Is 1 Actually Begun 4 THREE CLERGYMEN SIGN THE DOCUMEN + 1 Ask f That Utahs Congressman Be Not Seated t Foster and the Business Mens Association As-sociation Were Too SlowSo the ministers Acted Expected Endorsement En-dorsement of Their Associatio Tomorrow Evening Text of the Protest Rehash of the Ministers Address to the Nation 4 At last it appears that a contest is to 1 be waged against Representativeeiec J Brigham H Roberts in the hope tha he will be denied the right of representing repre-senting the state of Utah in the Fifty sixth congress The following form of protest was forwarded yesterday to Washington to be filed as a spesifica tion in the eojit < = t to be commence against Congressnfan Roberts seal t The protest is made by Messrs T C Iliff W M Paden and C T Brown Who have subscribed their names to the formidable document and who are acting in their individual capacities liS Citizens and not as representatives of the association of ministers of the gcs pel in Salt Lake City It is understood that the three reverend rev-erend gentlemen named as protestant followed legal advice in the premises in order to make the preliminaries to < the contest conform to statutory requirements re-quirements What Is known as the Busine 5 Ins association composed of a few individuals who had conferred with Mr Warren Foster the defeated Populist Pop-ulist can idtote with a view of aiding him financially in his contemplate contest con-test pro < cycling for Congressman Robe Rob-e ts seat wee moving so slowly tha Messrs Miff Paden and Brown con cSudad to act at once It is said however how-ever that the move and the manner of presentation meet the approtl of the < Business Mens association as wel as of the Ministerial association The < latter body will have a meeting Monday Mon-day night when some formal and official offi-cial action seconding the efforts already al-ready made will be taken TEXT OF PROTEST The form of protest follows House of Representatives Fifty sixth Congress In the Matter of Brigham Brig-ham H Roberts Memberelect fron the State of Utah To the Honorable Speaker and A Members of the House of Representa tires of the Fiftysixth Congress of the Uijted States The undersigned Thomas C Iliff W M Paden and Clarence T Brown resident citizens ana qualified elector of the state of Utah do hereby most respectfully protest that Brigham H Roberts representativeelect from the state of Utah to whom on or aboat the 10th day of December 1S98 a certificate of election was issued in due form by the governor of said state ought not to be permitted to qualify by taking the oath of office or having so qualified quali-fied to sit as a member of the house of representatives of the United States for reasons affecting the honor and dignity of tht people of the United States and their representatives in congress And your Protestants show and allege al-lege as the grounds of their protest 1 That the said Brigham H Roberts Rob-erts ever since and prior to the admission ad-mission of the state of Utah Jan 4 1S96 has been living in open flagrant and notorious violation of the laws o the state of Utah 2 That he publicly and persistently justifies his course of unlawful conduct con-duct by the claim that he acts under the sanction of laws higher than those of the state or the United States andS and-S That the laws thus violated and set at naught by him are none other than those against polygamy and polygamous cohabitation which laws sanctioned by solemn covenants and pledges of good faith are peculiarly binding upon all citizens of the state of Utah And your protestants in support of I the grounds of protest above set forth o further show as follOws ro LAW IS QUOTED FirstThat by the terms of an act amending section 5352 of the revised I statutes of the United States commonly I common-ly called the Edmunds law approved March 22 1SS2 the offense of polygamous r polyga-mous or unlawful cohabitation was def de-f lined and it vas anijng other things I provided That no polygamist bigamist or N any person cohabitisfcr with any of the persons described in this section as aforesaid in any territory or other I place over which the United States have exclusive jurisdiction shall be I entitled 10 vote at any election held in any such territory or other place or be eligible for election or appointment to or lit entitled to hold any office or place of public trust honor or emolument emolu-ment in under or for any such territory terri-tory or place or under the United States Second That by the terms of an act of congress approved March 3 1887 commonly called the EdmundsTucker act it was among other things provided pro-vided that the corporation Church of Jesus Christ of Latterday Saints was dissolved and its property escheated and it was further provided Sec 24 That every male person 21 years of age residing In the territory of Utah shall as a condition precedent to his right to register or vote at any election in said territory take and subscribe I sub-scribe an oath or affirmation before the registration officer of his voting precinct that he is over 21 years of age and has resided in the terory of Utah for six months then last post and it in the precinct for one month imme p 7 diately preceding the date thereof and t ° that he is a native born or naturalized as the case may be citizen of the United t Unit-ed States and further state in such oath or affirmation his full name with his age place of business his status whether single or married the name of his lawful wife and that he will support i f sup-port the constitution of the United t States and will faithfully obey the laws f ° thereof and especially will obey the r act of congress approved March 22 1882 entitled An act to amend sectlQn 5352 of the revised statutes of the r x ram Continued on page 5 r L i II J I o r i i e o I fORMAL PROTEST SENT TO CONGRfSSi i I Continued From Page Lj United States in reference to bigamy I and for other purposes and will also obey this act in respect to the crimes I in said act defined and forbidden and I that he will not directly or indirectly aid or abet counsel advise any other person to commit any of said crimes Such registration officer is authorized to administer said oath or affirmation and all such oaths or affirmations shall be by him delivered to the clerk or the probate court of the proper county and shall be deemed public records therein But if any election shall occur in said territory before the next revision revis-ion of the registration lists as required by law the said oath or affirmation I shall be administered by the presiding judge of the election precinct on or before the day of election As a condition I condi-tion precedent to the right to hold office of-fice in or under said territory the officer of-ficer before entering on the duties of I his office shall take and subscribe an oath or affirmation declaring his full name with his age place of business his status whether married or single and if married the name of his lawful wife and that he will support the constitution con-stitution of the United States and will faithfully obey the laws thereof and i especially will obey the act of congress approved March 22 1SS2 entitled An act to amend section 5352 of the revised statutes of the United States in reference refer-ence to bigamy and for other purposes pur-poses and will also obey this act in respect of the crimes in said act defined de-fined and forbidden and that he will not directly or indirectly aid or abet counsel or advise any other person to commit any of said crimes which oath or affirmation shall be recorded in the proper office and endorsed on the commission com-mission or certificate of appointment All grand and petit jurors in said territory terri-tory shall take the same oath or affirmation affir-mation to be administered in writing or orally in the proper court No person per-son shall be entitled to vote in any election elec-tion in said territory or be capable or jury service or hold any office of trust or emolument in said territory who shall not have taken tfc oath or affirmation af-firmation aforesaid No person who shall have been convicted of any crime under this act or under the act of congress con-gress aforesaid approved March 22 18S2 or who shall be a = > o lygamist or who shall associate or cohabit polygamously with person of the other sex shall be entitled to vote in any election in said territory or be capable of jury service or to hold any office of trust or emolument in said territory THE CHURCHSMANIFESTO Third That on Sept 26 1890 President Presi-dent Wilford Woodruff the official head of the Mormon church issued a manifesto in the words following To Whom it May Concern Press dispatches have been sent for political purposes from Salt Lake City which have been widely published to the effect that the Utah commission commis-sion in their recent report to the secretary sec-retary of the interior allege that plural plu-ral marriages are still being solemnized solem-nized and that forty or more such marriages have been contracted in Utah since last June or during the past year also that in public discourses dis-courses the leaders of the church have taught encouraged and urged the continuance con-tinuance of the practice of polygamy I therefore as president of the Church of Jesus Christ of Latterday Saints do hereby ir the most solemn manner I declare that these charges are false We are not teaching polygamy or plural plu-ral marriage nor permitting any person per-son to enter into its practice and I deny that either forty or any other number of plural marriages have during dur-ing that period been solemnized in our temples or in any other place in the territory One case has been reported in which the parties allege that the marriage mar-riage took place in the endowment house in Salt Lake City in the spring of 1889 but I have not been able to learn who performed the ceremony whatever was done in this matter was without my knowledge In consequence conse-quence of this alleged occurrence the endowment house was by my instructions in-structions taken down without delay Inasmuch as laws have been Inamuch enacted en-acted by congress forbidding plural marriages which laws have been pronounced nounced constitutional by the court of last resort I hereby declare my intention inten-tion to submit to those laws and to use my Influence with the members of the church over which I preside to have them do likewise There is nothing in my teachings to the church or in those of my associates asso-ciates during the time specified which i can be reasonably construed to inculcate incul-cate or encourage polygamy and when an elder of the church has used language use guage which appeared to convey any such teaching he has been promptly reproved And I now publicly declare that my advice to the Latterday Saints is to refrain from contracting any marriage forbidden by the law of the land WILFORD WOODRUFF President of the Church of Jesus Christ of Latterday Saints FourthThat in 1891 the president and apostles of the church prepared and presented to the president of the United States the following petition accompanied by statements signed by Chief Justice Zane Governor Arthur Ta Thomas and other nonMormons to the effect that in their full belief the petition pe-tition was sincere and that if wa amnesty nest were granted good faith would I be kept To the President of the United States We the first presidency and apostles apos-tles of the Church of Jesus Christ of Latterday Saints beg respectfully to represent to your excellency the following fol-lowing facts We formerly taught to the people that polygamy or celestial marriage 1 J a commanded by God through Joseph Smith was right that it was a neces sity to mans highest exaltation in the life to come That doctrine a publicly promulgated pro-mulgated by our president the late Brigham Young forty years ago and was steadily taught and impressed upon the Latterday Saints up to September Sep-tember 1S90 Our people are devout and sincere and they accepted the doctrine and many personally embraced em-braced and practiced polygamy When the government sought to stamp out the practice our people almost al-most without exception remained firm for they while having no desire to oppose op-pose the government in anything still felt their lives and their honor a men were pledged to a vindication of their creed and that their duty towards those wives whose lives were a part of their own was a paramount one to fulfill which they had no right to count anything not even their pwn lives as standing in the way Following this conviction hundreds endured arrest trial fine and imprisonment imprison-ment and the immeasurable sufferings borne by the faithful people no language I lan-guage ca describe That suffering in abated form still continues More the government added disfranchisement dis-franchisement to its other aunisliment for those who clung to their faith and fulfilled its covenants According to our creed the head of the church receives from time to time revelations for the religious guidance guid-ance of his people In September 1890 the present head of the church in anguish guish and prayer cried to God for help for his Hock and received oermission to advise the members of the Church of JesAis Christ of Latterday Saints that the law commanding polygamy was henceforth suspended At the great semiannual conference confer-ence which was held a few days later this was submitted to the people numbering num-bering many thousands and representing represent-ing every community of people in Utah and was by them in the most solemn manner accepted as the future rule of their lives They have since been faithful to the covenant made that day At the late October conference after a year had passed by the matter mat-ter was once more submitted to the thousands of people gathered together and they again in the most potential manner ratified the solemn covenant This being the true situation and believing that the object of the government govern-ment was simply the Vindication of its own authority and to compel obedience as to its laws and that it takes no I pleasure in persecution we respectfully pray that full amnesty may be extended extend-ed to all who are under disabilities because be-cause of the operation of the socalled EdmundsTucker law Our people are scattered homes are made desolate many are still imprisoned im-prisoned other are banished or in hiding hid-ing Our hearts bleed for these In the past they followed our counsels and I while they are thus afflicted our souls are in sackcloth and ashes We believe that there is nowhere in the Union a more loyal people than the Latterday Saints They know no other country except this they expect to live and die on this soil When the men of the south who were in rebellion against the government govern-ment in 1865 threw down their arms I and asked for recognition along the old I lines of citizenship the government hastened to grant their prayer To be at neace with the govern gover ment and in harmony with their fellow citizens who are not of their faith and to share in the confidence of the government gov-ernment and people our people have voluntarily put aside something which I r all their lives they have believed to be I a sacred principle Have they not the right to ask for such clemency as comes when the claims of both law and justice have been fully liquidated As shepherds of a patient and suffering suf-fering people we ask amnesty for them and pledge our faith and honor for their futureAnd And your petitioners will ever pray Salt Lake City December 1891 Fifth That upon the representations representa-tions so made the following amnesty proclamation was issued AMNESTY PROCLAMATION Washington D C Ja 4 1893 Whereas Congress by a statute approved March 22 1882 and by statutes stat-utes in furtherance and amendment thereto defined the crimes of bigamy polygamy and unlawful cohabitation cohabiaton in the territories and other places within the exclusive jurisdiction of the United States and prescribed penalties for I such crimes and I Whereas On or about the 6th day of October 1890 the Church of Latter day Saints commonly known a the I Mormon church through its president presi-dent issued a manifesto proclaiming the purposes of said church no longer to sanction the practice of polygamous I marriages and calling all calng upon al mem bers and adherents of said church to obey the laws of the United States in reference to said subject matter and j Whereas I is represented that I since the date of said declaration sad declaraton the I members and adherents of said church I generally obey said laws and abstained from plural marriages and polygamous I cohabitation and Whereas By a petition dated Dec I 19 1891 the officials of said church pledging the membership thereof to the faithful obeyance of the laws against plural marriages and unlawful cohabitation applied tome to-me to grant amnesty for past offenses against said laws which request a very large number of influential nonMor mon residents of territories also strong ly urged and Whereas The Utah commissioners in their report bearing date of Sept 15 1892 recommended that said petition be granted and said amnestv nrrwlnlmpd I under the proper conditions as to the future abservnnce of the law with a view to the encouragement of those now disposed to become lawabiding citizens and Whereas During the past two years such amneaty has been granted individual indi-vidual applicants in a very large number num-ber of cases conditioned upon the faithful observance of the laws of the United States against unlawful cohabitation cohab-itation and there are now pending more such applications now therefore I Benjamin Harrison president of the United States by virtue of the power in me vested do hereby declare and grant full amnesty and pardon to all persons liable to the penalties of sadat sad-at by reason of unlawful cohabitation cohabita-tion under the color of polygamous or plural marriage who since Nov 1 1890 have abstained from such unlawful cohabitation co-habitation but upon the express condition con-dition that they shall in future obey the laws of the United States hereinbefore named and not etherwise Those who shall fail to avail themselves of the I clemency hereby offered will b vigorously vigor-ously prosecuted BENJAMIN HARRISON By the President 4 JOHN W FOSTER 4 Secretary of State SECOND PROCLAMATION Sixth That on Sept 25 1894 President Presi-dent Cleveland issued a proclamation wherein after reciting the facts afer reiting fats contained con-tained in the proclamation of President Harrison he concluded a follows Whereas Under the evidences Wherea e1dece now furnished I am satisfied that the mem bers and adherents of said church generally gen-erally abstain from plural marriages and polygamous cohabitation and are now living in obedience to the laws and that the time ha now arrived when the interests of public justice and morality will be promoted by the moralty wl prmoted granting grant-ing of amnesty and pardon to all such offenders as complied with the conditions condi-tions of the proclamation Including such of said offenders as have been I convicted under the provisions of said atNow Now therefore I Grover Cleveland Cleve-land president of the United States by virtue of the power in me vested do hereby declare and grant full amnesty and pardon to all persons who have In Violation of said acts committed either of the offenses of polygamy adultery or unlawful cohabitation under the color of polygamous or plural marI mar-I 1 i i riage or who having been convicted of violation of said act are now suffering deprivation of civil rights In consequence conse-quence of the same excepting persons who have not complied win the conditions con-ditions contained in said proclamation of Jan 4 lf3 GROVER CLEVELAND By the President WALTER Q GRESHAM Secretary of State SeventhThat the enabling act of Utah which was approved July 16 1894 contains the following provision And said convention shall provide I by ordinances irrevocable without the consent of the United States and the people of said state 1 That perfect toleration of mUg ious sentiment shall be secured and that no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious re-ligious worship provided that polygamous polyg-amous or plural marriages are forever prohibited EighthThat pursuant to the said act a constitutional convention was held at Salt Lake City that the said Brigham H Roberts was a member thereof and that the following provisions provis-ions were and are a part Qf the constitution con-stitution framed by the convention and adopted by the people Article III Ordinance The following fol-lowing ordinance shall be irrevocable without the consent of the United States and the people of this state 1 Perfect toleration of religion sentiment is guaranteed No inhabitant inhabi-tant of this state shall ever be molested molest-ed in person or property on account of his or hEr mode of religious worship I but polygamous or plural marriages are forever prohibited Article XXIV Schedule Sec 2 All laws of the territory of Utah now in force not repugnant to this con stltution shall remain in force until they expire by their own limitations o are altered or repealed by the legislature legisla-ture The act of the governor and legislative leg-islative assembly of the territory of Utah entitled An act to punish polygamy polyg-amy and other kindred offenses approved ap-proved Feb 1 A D 1892 in so far as the same defines and imposes penalties penal-ties for polygamy is hereby declared to be in force in the state of Utah That at the time said constitution was framed there had been since 1892 a law of the territory of Utah providing provid-ing penalties for the offenses of bigamy big-amy unlawful cohabitation adultery and fornication That said act was as your protestants protest-ants are informed and believe and s aver perpetuated as one o the laws of the state of Utah That in 1897 a revision of the laws of Utah was made and the law of 1892 above referred to was reenacted without with-out change PERSONAL ALLEGATIONS NinthThat said Brigham H Roberts Rob-erts has been and is living in the habit and repute of marriage with at least three wivoc The records of the Third judicial I district court of the state of Utah show te that on Feb 1 1887 said Brigham H Roberts was indicted for the offense of unlawful cohabitation the averment I of the indictment being that on the i 1st day of March 1884 in the county of I Davis and within the jurisdiction of the court and on divers days thereafter i thereaf-ter and continuous at the same place and until the 7th day of February 1887 I said Brigham H Roberts did unlaw fully live and cohabit with more than one woman as his wives towit with i one Louisa Roberts and one Celia Dibbles Dib-bles sometimes called Celia Roberts That between Feb 14 1887 and April 29 1889 said Brigham H Roberts was a fugitive from justice That on April I 29 1SS9 he appeared before the court and pleaded guilty to the above mentioned men-tioned indictment and that on May 1 18S9 he was sentenced to pay a fine of two hundred 200 dollars and costs and to serve four months in the UtaH j penitentiary I That since his release from the penitentiary pen-itentiary he to all outward appearances appear-ances has lived and associated with the said Louisa Roberts believed to be his lawful wife and the aid Celia scaled s-caled Roberts believed be his plural plu-ral wife in the habit and repute of marriage and that within the last eighteen months Aug 1 1897 the said Celia Dibbles called Roberts has become the mother of twin children said Brigham H Roberts being their reputed father I That besides living as man and wife with said Louisa Roberts and said Celia Dibbles called Roberts the said Brigham H Roberts to all outward appearances ap-pearances also lYE and associates with Dr Maggie C Shipp in the habit and repute of marriage said Dr Maggie Mag-gie C Shipp having since 1895 regis ge tered herself in the Salt Lake City directory di-rectory and announced herself on her professional cards as Dr Margaret C Roberts TenthThat the said Brigham H Roberts in an article written and signed by him and published in the Improvement Im-provement Era of which he is the editor edi-tor defends the righteousness of polygamy poly-gamy and asserts that it is positively good pure and holy as is more fully I shown by the following statement made in the said article May 1898 Therefore I conclude that since God did approve of the plural marriage custom I cus-tom of the ancient patriarchs prophets and kings of Israel it is not at all to be wondered at that in the dispensation I dispensa-tion of the fulness of time in which he has promised a restitution of all things that God should again establish that system of marriage And the fact of Gods approval of plural marriage in ancient times is a complete defense of the righteousness of the marriage system sys-tem introduced by revelation through the Prophet Joseph Smith Joseph Smith received a commandment I command-ment from the Lord to introduce that I order of marriage into the church and I on the strength of that revelation and revelaton I not by reason of anything that is writ I ten in the Jewish scriptures the Lat I terday Saints practiced plural marriage mar-riage riagePol I Polygamy is not adultery for were i so considered then Abraham Jacob and the prophets who practiced it wou1d not be allowed an inheritance in the kingdom of heaven and if polygamy Is not adultery then it cannot be classed a a sin at al I appears to the writer that modern mod-ern Christians must either learn to tolerate polygamy or give up forever the glorious hope of resting in Abra hams bosom That which he God approves and so strikingly approves must be not I only not bad but positively good pure and holy Improvement Era May 1S9S pages 472 475 478 482 That the said Brigham H Roberts has publicly justified his polygamous cohabitation In n signed interview written on the eve of his election for The Salt Lake City Herald and also published in the Salt Lake City Tribune Trib-une of Nov 7 ISPS In this signed interview in-terview he says Governor Wells is acquainted with the system of plural marriages that obtained I j ob-tained in Utah for fifty years He i knows that it was accepted by the pure women who entered into its obligations I obliga-tions as a sacred rite sanctioned by the ceremony of a holy church He knows that the settlement of that question after years of strife and heartache left upon men moral obligations gations from which no decree of the church could release thehi and no act of the state absolve them He knows that while technically a law which crept into our statute book by what may be called an inadverjtance viz that the code commission put into the code what was considered before statehood an unconstitutional law and then the code was adopted by the legislature leg-islature a number of whose members have said to me personally that they were not aware that such a law was in the code He knows that that law has not been executed that there has been no public sentiment that demanded its execution and that like some of the blue laws of Connecticut which exist on the statute books under similar circumstances cir-cumstances it has not been enforced Governor Wells knows all this and yet he is craven enough in his soul to join hands with lifelong enemies of his father and his people and attack me for doing if the charges are true what asa as-a private citizen and a member of the Mormon church he dare not lift his voice against For discharging those moral obligations which if his charges I are true under all the circumstances would be a act of honorSalt Lake I Tribun Nov 7 1898 I Your protestants further show that they entirely and absolutely disclaim any intention upon the part of themselves them-selves to question or any right upon the part of congress to inquire into the religious belief of any citizen that the only purpose of your protestants insetting in-setting forth the public declarations of said Roberts and his ecclesiastical sad ecclesiastca superiors su-periors is to indicate the grounds upon which they affirm with confidence that I the said Roberts having never accepted accept-ed the conditions of amnesty for past offenses will continue in the future as in the past his course of criminal conduct that no cinsideration of time I place or official station will bring about repentence or reformation and that he i as a lawbreaker Is and ever will bean I be-an unfit and improper person to sit asa I as-a lawmaker in the congress of the United States I Respectfully submitted I THOMAS C ILIFF W M PADEN CLARENCE T BROWN i I Dated Salt Lake City Utah Jan 6 1899 I |