Show I POLYfiAMY BILL PASSEDJ Evans Measure to Prevent Prosecutions for Adultery and j I i Unlawful Cohabitation the Subject of Impassioned i t a Oratory in the Senate d I L > I Ayes Aldor Barnes Howell Johnson John-son Larsen Murdock Sno t Tanner Thomas Whitney Evans 11 Ii joes Allison Bennlon KIesel Lawrence V Law-rence Love Sherman Whitmore 7 By the vote given above and after an oratorical tournament lasting thlough all of the afternoon and part of the night the State Senate yesterday yester-day passed the Evans bill which if It becomes law will prevent the prosecution prosecu-tion of Mormon polygamlsts for the I crimes of adultery and unlawful cohabitation I co-habitation Not all of those who fa Vorcd the measure admitted that Its scope would be so broad Others were candid enough to confess a hope that It would bring all such prosecutions to I an end The debate was stirring and tinged with bitterness There were outbursts 1 1 of hatred some of It poorly veiled against the man who has proven po j Ijgamlsts guilty of violation of the law The opponents of the measure I were free In their predictions that the I I I passage of the bill would bring more I I y trouble and sorrow upon the people i S than anything that could he done Their prophecies and their pleadings I fell upon deaf cars KIESEL OPENED THE BAUD At 230 President Evans announced that the hour for consideration of the special order had arrived Klesel immediately Im-mediately moved that the enacting clauso be stricken out and Allison seconded Smoot called for their reasons rea-sons Kiesel said that the measure had a tendency to revive the rancor of former days I I believe he said that polygamy is just as dead as slavery sla-very and canriot be rem Jltatd The enabling act the Constitution and the manifesto killed polygamy I want to say that J am opposed to people going up and down the State of Utah terror izing those who Jived J In polygamy t prior to Statehood T say for the former for-mer polygamists that they have taken g good care of their families and have not made use of the Government Institution Insti-tution erected for the care of those who might be turned out on the world and It Js to their everlasting credit I shall lay nothing In their way and for thIs reason I am against this bill ALLISON TALKED AN HOUR Senator Allison then took the floor and occupied it for an hour quoting law history Shakespeare and the Bible i t 1 compact made i years aS9i1 and time I alone can be the alleviator 6f that condition tr dition Smbot Thats what we want the world to know 1 Allison Yes but we disagree as to the remedy If this bill 111 I jiasscd a certified copy will be secured se-cured from tho Secretary of State and filed with he AntiPolygamy league In New York SmootLet itbc AllisonThen It comes to a question of stubbornness and you will not consider J con-sider the consequences The AntiPo lygamy league backed by that mug nlflcent woman Holon Gould will take i It up and the fight will be renewed r I Smoo1 The junior Senator from We I her might go there and llx her ENEMIES WANT THE BILL I Allison Ill not go there to help her I But I want to say that there are enemies en-emies ot Utah In this town who have prayed to God that this bill will paSt paS-t they and the Ministers associations associa-tions might start an assault against Utah The author of this bill Js I sincere sin-cere but I dont believe that he can anticipate the result of passing this measure There are rumblings now silent low mutterings which will Increase In-crease If this bill passes What harm can come If It does not pass Charles Mostyn Owen might Induce In-duce some public prosecutor to prosecute J prose-cute a man I doubt It But It is better that the individual shall temporarily tem-porarily suffer than that the entire State must suffer by the passage of this bill Charles Mostyn Owen Is simply a passing dream a nightmare You treat him too seriously Whitney He Is one of a class Allison appreciate that he has had the sympathies and encouragement of some people In Utah The existing condition I con-dition is one In which the people believed be-lieved 1C so will either one complain I on the other Was there such a casein case-In all those lonE prosecutions I remember re-member only one It wouldnt be done and It makes the bill absolute protection protec-tion for part of a class of people Say what you please the bill Is a step backward back-ward People will Bay that tho reac tionists are In charge again It opens up old sores and they commence to i bleed and the blood commences to trickle Leaving out the Owen episode the sores were closed up Smo tAre they not festering SHOULD NOT DESERT FAMILIES Allison They were not until the Introduction In-troduction of this bill Our friend said when the manifesto passed these com Iin I l i J i I s J 1j 1 i j j CXvftMintler h Interested PartiesListen tottlio Debate In tho course of his argument After announcing that he opposed the bill on the same ground as did Kiese he proceeded pro-ceeded to say that he concurred in a great deal that PresId nt Evans said the day before Of no words that I say today do I want It said that they wounded the feelings of these people t The bill introduced here today Js to cure a disease but the remedy Is worse than the disease Had It not been for the acts of a certain person Owen this I bill would never have been Introduced and never have required consideration by thjs body I submit that there ought to be some other way to get at this man You cannot select any lan guage too strong to condemn him and his kind that I cannot concur Jn The S people of Utah who arc not members of the dominant church condemn pub lie Informers and spies He Is I entitled to the contempt or the decent members of the community and I think he has received It A bill to banish him If It would be legal would be more appropriate appro-priate than this bill A GREAT MISTAKE I would not consume the time of this body If I did not believe weure making n great mistake In passing this bill During all those long years when 7 prosecutions wore made under the Ed mundsTuoker act we all know what were the feelings of the people the Territory Not only members of the Mormon church but thoae who were not sent up a silent prayer for the day when those conditions 1 condItons would cease to be The manifesto was hal d with de light and Joy by people Irrespective ot pcelve creed At the first Inauguration every cel person in the State joined hands In n fixed determination that Utah should I march to the music of the Union Up to that time I had never seen a Rc publican or Democratic ticket printed tcket Jrlnted in this Stale I was Mormon and anti Mormon the Liberal I party VK the Peoples party In Utah It was not a matter of politics The enabling act was passed and the manifesto accepted as true No man than the one Whose speech was read yesterday Judge Goodwin has been more eloquent In describing the excellence and heroism of the pioneers of Utah than he has Has there been any complaint since the adoption of the Constitution Things went on satisfactorily Who baa complained 1 Smoot Charles Mobtyn Owen Allison He complained In court I mean representative non folmon Tanner The Salt Lake Tribune Allison That is not true Day af ter day It proclaTrned that these conditions had censed In Utah THE ROBERTS pASE When a certain political convention met In 1S9S and nominated Brigham II Roberts the agitation did commence I think It was a great mistake to nom mate him I have no criticism for Mr jgRobcrUj He has done some things hat have caused me to admire him The enemies of Utah commenced the i agitation and The Salt Lake Tribune Joined In it Tanner Didnt The Tribune start It Allison think It originated In a New York Jouuial Correspondents I I were sent Into the Slate to obtain the secrets of the people Men went East to lecture on Utah and her peculiar pecular people and all the sectarian bodies In L I the Union took up the agitation and L 4 the small fire in Salt Lake bucume an L overwhelming blaze They succeeded Would It not have been better not to have nominated him Hasnt it Jn Jured u PREVENTS PROSECUTION Now we are confronted with this bil I am right Qonfrontc that we might as well repeal the law apalnat unlawful cohabitation JIK to pass it be cause It cfTcctlvefy prevents any prose cution r under 1L President Evsuia ywtorday er candidly admitted very > that admited thrt IC lm3Gvotf voted to repeal the law de nouncing unlawful cohabitation so vutn oiiouid he says unlawful I cohabitation 6110lld not be prosecuted of course he javora this law 1 dont approve of oltapproc prosecution of cases reatlnb upon a I pacts should not cease That Is true I I I No man In Utah over asked that these r I 1 men be asked to desert their wives and children and they would have received I I j I contempt hud they done so Let us go along as we are going now without bringing in this measure which will 1 mesure wIl certainly open those old bleeding wounds and bring misery and lng to the people not only In a moral and physical sense but in a business way as well wellA A RAID CONTEMPLATED Smoot I ask If you know that 100 In formations are to be filed by Charles Mostjn Owen after the adjournment of this Legislature Allison Then let us get together and take him out of the State He wants this bill passed and will uejo Jt against us Dont make the whole people oC the State suffer because of this man Smool And The Salt Lake Tribune Allison If the bill passes I offer a silent prayer that the governor of the Stale will assert hIs Independence again that Governor agalnthat who has shown that he has the Interests of the Slate at heart I hope he will speak and say tho bill means more misery more woe and more suffering and decline to at tach his signature to It EVANS TALKED AGAIN President Evans called Senator 52omas to the chair and descended to the floor to speak upon things which he had not touched the day before HO told a story to Illustrate 3Y contention I hat i Allison had talked all nton Alson hol al around the I subject Then he read tile editorial i I which appeared In Thursday mornings Tribune and said that It Was not argu ment but a personal attack there tttack could be no answer he said to his ar gument or the day before but St must be talked around and clothed with clolhec abuse lie said that the passage of the bjll would crete no more agitation than ton one arrest would under the pres cut law ALDER FAVORED A PART Senator Alder said that he proposed to vote for the major portion of the pollon bill and possibly might mIghtswalo allof Jt because he aU beauLe hebeIcvec Jt would prevent in the future future any man or set of men or combination from tarnishing In fair fall name of this State as hls been done In the recent pust Polygamy he said had long been dead He asked who cared for the AntiPolygamy league of New York and said that Charles Mos tIn Owen was only a tool l Jn the hands of others WHITNEY NOT SELFISH Senator Whitney spoke In favor of the bill bccaune he said Evaris had EaJs Implied almost a censure on his col leagues for having him bear the brunt of the debate alone Whitney rcferrdd Vhlnc eferr to the poem Horatio at the Bridge d and said that he would stand nt Abel AlCI Johns right hand He said that he would vote for the bill not because he had a personal Interest there was a time when ho might have had but that time was no more He sympathized with the class of men It affected because IafCecCJb cause he knew their sincerity lie had been taugHt trom childhood that the principle ot plural maurlage was a law of God and he knew that It was as a law of God that the people practiced a thepcplepraclccd I it until the lns of ilift United Statcs interfered He branded hired Inform I ers as the most contemptible class of creatures God permits on his foot I I stool j stoolSMOOT SMOOT AGAINST MINISTERS I Senator Smoot spoke next and said that ho look no stock in the statement I I that the passage of the bill would bring distress and calamity upon the community com-munity While possibly It might bring I 1 Immediate storm that storm was I already pending and would be worse I than It would If tho bill were passed i He said that the hirelings of a certain L clique lund already got the informa I tions I tobring a cyclone which the Senate I Sen-ate desired t avoid He said The ministers and sPtarl n hoodoos may kick uS but business men Avlll applaud I I Senator < Lavircnce did not want to p J Indorse the conduct of Charles Mostyn Owen but he considered the measure llladvlfcd and reactionary Senator Whitmore said that his best I Judgment was that the bill was not necessary at this time and 1m would I vote against it and stand tho consequences conse-quences I Senator Thomas considered the bill consilcred bi a I proper one but if he opposed any tally It waa the protection It gave under the law to married men who seek to seduce young girls I places the right to Inform outside of anyone except the person with whom the uct is committed or tho wife of the accused ac-cused Allison remarked that the I grand Jury could not Indict the man undor this bill i ONLY ONE PER CENT Klesel asked If It was not a fact that the number of polygamlsts In the State was less than 1 por cent and asked why the whole State should again be brought Into turmoil for their J1 Evans I am Not Afraid of the Storm I sake Evans wus not willing to concede con-cede that there would be a turmoil Klesel said that Evans was frightened on account of Charles Mostyn Owen He went on to say that he had lived in Utah thirtyeight years and had been u charter member of the Liberal party He had opposed n political monopoly a commercial monopoly and a marriage mar-riage monopoly and considered their importance in the order named He would not go into anything disturb the present conditions All over the United Statesthe people would believe the bill reactionary Barnes did not believe that the Dares beleve predicted pre-dicted storm would come and anyway he would prefer to have a storm to tho little whirlwinds raised by Charles Moslyn Owen and n clique and he already al-ready understood that a cyclone had been prepared He believed the bill would put an end to all these things END OF PROSECUTIONS Allison Why Because It would put an end to all prosecutions Barnes said Yes and Allison remarked that he admired his candor Allison had not heard tho slightest suspicion of a contemplated raid ind he did not believe be-lieve h if it was coming that tho bill would stop it The persons proposing It t would go back and charge that the bill was passed to protect these people In their unlawful practices and they would be believed The people of the Eat wxmld refuse to bellevp the pco pic ofUtah they had refused to no Have > them before They would sec the headlines In yeslerdays Herald Evanss Bill to Protect Polygamy ThomasDisked Jho considered the practices or these people a crime AJ Allison Wo Are Making a Mistake llson I answered that he did and tho law l said so They did not propose to repeal the law but to limit the prosecution prose-cution I the grand Jury knew of ten men J living In this relation It could not i Indict them without consent of the wife Allison said that fear of thC raid was what caused the bill to be IniroJuced i TO STOP PROSECUTIONS Tanner spoke in favor of the bill and said that he did not fear storms or newspaper headlines and that the Senate should do its duty to the people peo-ple of Utah In spite of them AlIson asked him If he thought the bill would stop all prosecutions and he replied I hope it will stop all such prosecutions prose-cutions as thofc by such started a cur as Charles Mostyn Owen The motion to strike out the enactIng enact-ing clause was defeated 1 to 7 tho vote which was maintained throughout through-out Allison then moved to strike out the clause relating to prosecutions for unlawful cohabitation and it failed by the same vote < After more than three hours of talk it was decided to lake the vote on the bill at S In the evening and Ihe Senate Sen-ate took a recess unlll 715 AMENDED IN EVENING When the bill came up at the night session of the Senate Senator Alder brought forth some amendments changing the bill to provide that prosecutions prose-cutions for adultery could bo biought not only on complaint of the husband or wife of the accused or of tho portion por-tion with whom the unlawful act is J alleged to have been committed but also on complaint of a relative of the accused within the first degree of consanguinity con-sanguinity or of the father or mother of the person with whom the unlawful unlaw-ful act Is alleged to have been committed com-mitted In explaining amendments Senator Alder said ho desired to give not only a husband and wife but other members of 3 family the right to keep1 Inviolate tho family circle Ho wanted he said to give the father whose daughter had been violated redress re-dress through the law SHOTGUN REDRESS President Evan called Senator Tanner Tan-ner lo the chair and tqok the floor against the amendments He cited sec Lon 416S O t the Revised Statutes and interpreted that to mean that a rein I live of 3 woman who hud been outraged out-raged had the right under the Utah laws to take a sholgun and hunt down the man wild comniltlod the wroug and kill him like a coyote on tho prairie The Utah courts he said had sustained that Interpretation or the statute again and again The proper redress for the relative t ho I be a true American continued President Presi-dent Evans Is to follow the man to his death President Evans referred to the I Roberts case saying those who opposed him took the high ground that Roberts ought to be ejected from Congress I and confine hiM political aspirations to I Utah here his actions were understood under-stood Let Roberts live In his martini relations at home they said continued President Evans I ANOTHER CASE While Smoot was arguing In favor of Evanss shotgun idea Larson Interrupted in-terrupted to inquire what would be the case where the girl outraged were the daughter of n widow and had no man to protect her Smoot cited another statute which he claimed gave redress In a case of that kind although some of tho members were Inclined to take Issue with him on the point Senator Alder regretted the position of Presi dent Evans with regard to tho shotgun method and Allison did likewise say Ing it put u premium on murder and yas an extreme measure even In Utah Several prominent homicide cases were cited by the different speakers VOTE ON AMENDMENT Murdock spoke briefly In favor of theI I amendment which was then put and carried 1 to 7 the vote being us fol lows Ayes Alder Allison Bennlon IIowcll KIcsel Larsen Lawrence Love Murdock Sherman Thomas 11 Na > Barnes Johnson Smoot Tanner Tan-ner Whitmore Whftnoy Evans 7 The bill was then pasaed LOVE KNOWS FEELING Love In explainIng his vote made his first utterance on the bill He said I belIeve this bill to be untimely and Jlladvibcd and so I shall vote against 1 I was my pleasure might truly I kay my unfortunate pleasure to be In Washington when the Roberts ques I tion was brought before Congress I had then a little taste of the feeling feelng existing there I found then that oven the friends of Mr Roberts on the Democratic side were afraid to moot him or to bo seen on tho streets with him I know ho was shunned by his own party I saw grayhaired men who had grown gray In the service of their country In legislative capacities P1 grr I fffgfpj k i Kiesel We I Hole a Monopoly onMnr swept off their feet by the current or sentiment against Roberts I was astounded at the feeling which existed In I thc East In this matter I fear that this bill will bring about the same condition con-dition Some people thought it would die out but I has not dono so yet What I fear if this bill passes is n Constitutional amendment which will create a national statute directed against Utah I am satisfied with con dlllons as they now exist here and so I shall vote against the bill Immediately after the announcement of tho vote the emergency clause which was Introduced by Smoot and which became inoperative by one vote was stricken out by request of Evans and the Senate adjourned until 2 oclock today |