Show ITS FULL TEXT TEAT THE EDMUNDS KILL BILL Is ill HC TIA TO till 1 I III norsa 1101 hi A cowardly towar dl blosl 01 41 t liberty and local self gol A DILL to ammil an ait act entitled art aa act ace to amend fifty chrest hundred hm iSred and foy fifty heo of the revised Sta ettes cf 01 the united states 11 in reverence rele rence tob gamy andhor other pit 11 approved xa reh twenty second eighteen hundred an and 1 I ecco if de it ti by the senate bibi tie and hums ut et J j imail ani i this old untied united states of tit in that in in any preice ling lilii and examination bo fore a grand jury it judge justice or it a united commissioner or 01 it co court or I 1 in in any prosecution for bigamy 11 polygamy or unlawful cohabitation under 1 any stall I 1 to of the unit united d states t the 0 lawful awful husband or wife e of the person accused shall be ba a compo compe tent witness and nay may bo be called but ahall not be compelled to testifying testify in in such euch proceedings examination or prosecution and shall not nob be baber per witted to testify as to any statement or communication made by either husband or wife to each other during the existence of the marriage relation deemed confidential at common law sec 2 that in ally prosecution for bigamy liga toy polygamy or 0 unlawful co habitation under statute of the unit K dl I 1 states whether before a united states commissioner commissioner justice judge a grand jury or any court an attach ment for any witness way may bo be issued by the court judge or 01 commissioner commission 6 r without a previous previous subpoena compell ing the immediate attendance of such buch witness when it shall appear by the tha oath or 01 affirmation of at least two credible persona in in writing to the commissioner justice judge or court as tho the case way may be that there 19 is rea ground to believe that such witness will unlawfully fail to obey a subpoena issued and served in in the usual course in in such cases and in in such cases the usual witness fees shall be paid to such ouch witness so GO attached provides Provid cd that the person so BO attached may at any time secure his or her discharge from custody by executing a recognizance before a any ny commissioner justice judge or court of the united baates with sufficient surety conditioned for the appear ance of such person at the proper time as aa a witness in in the cause or pro beeding wherein the attachment may be issued sued sec bee 3 that every ceremony of marriage or in the nature of a mar rings nage ceremony cero mony of any kind in any of the territories ot of the units united either or both or III more ore of the parties to such ceremony be lawfully competent to be the subjects of euch marriage or ceremony or not shall ahall be certified by a writing stating the fact and nature of a uch such COI ceremony emon Y the full names of sach each of the parties concerned and the full name ot overy of officer lIcer priest and per eon bon by whatever stylo style or designation called or known cnown in in any way taking part pait in in the performance of oe such core cere mony which certificate shall be drawn up and signed by bythe the parties to such ceremony and by every bolh priest and person taking part in in the performance of such ceremony and shall bo be by the officer priest pries tor or other person solemnizing solemn izing such inar rings nage or 01 ceremony filed in in the office cf the probate court or it there be none in in the office of the court having probate powers in the county or dis tact brict in in which such ceremony ahall take taka place tor for record and shall be immediately recorded and nd be ba at all times subject to inspection as other public records such certificate or the record thereof or a duly certified copy ot of such record shall be fada evidence ot of the facts required by this act to be ba stated therein in any y proceeding civil or 01 criminal in 1 glibich W which the matter shall I 1 be drawn in question any person parson who shall wil fully violate any of the provisions ol of this section shall ill be deemed guilty of 0 a misdemeanor and shall on cochio lion thereof be ba punished by a fine fina ol of not more mora than one thousand dollars or OI by imprisonment not longer than two years or both ead in the tha discretion ot of the court SEC 4 that hint nothing in m this act ao shall be hold held to prevent the proof of 0 marriages ill whether lawful or ful fol by any evidence now legally ad for that purpose sito SEC 5 that it shat shall purpose not be ba lawful ul for any female to vote at any election her hero catler alter held in the lue territory of utah for any public publio purpose what ever and no such ouch vote shall be ba re or counted or given effect 1 in i n any manner whatever and any and every act of tua the governor and leg isla tive assembly of the file territory of uta utah providing tor for or allowing tho the registration strat ion of by females i ill hereby beilby annulled tore bre 6 that all laws of the legis legia haive assembly of the territory of mail which provide provida tor for numbering numb or I 1 t or identifying tho the votes of the oleo eleo tors cora at any election in said Torri territory tor are hereby disapproved ond and admi annell ed ad but the foregoing proy provision ision shall riot not preclude the lawful registration of voters or an any other provisions for or securing fair cair elections which do not involve the disclosure of the candi dates for whom any particular elector ibell hate bays voted sic sec si c 7 1 that the tha laws laa ell enacted t by b y tit ilia 0 legislative assembly of tle tho b beete ter r of utah conferring jurisdiction upon probate courts or the tha judges thereof or any of them in said territory than in ia leaped t of the estates of deceased persons hod and in respect of the guardianship ot of the persons and property of infants and in in respect ol of the persons persona and property orty of persons not of sound mind rid are hereby and tin an and no probate court or judge ot of probate shall exercise oser cisa a any ily jurisdiction other than in in inspect of the matters aforesaid i and every such jurisdiction so BO by force of this act withdrawn from the tha said probate courts or judges judg mes shall be had ball and ex excised by the district courts of said territory respectively SEC a 8 any person related loan to in other person within aud and not including the fourth degree of cons baini ty computed according to the its rules of the civil law shall marry or orco co habit with or have sexual intercourse with such bach other so related person knowing her or him to be ba within a emd id degree of relationship the person so offending lending of shall bo be deemed guilty of incest and on conviction thereof cof shall be ba punished by imprisonment in in the penitentiary not less than three years and not more than fit teen ste sic 9 when sexual intercourse iLter courso is committed between a married person of one sex and an unmarried person of the other ws sex both persons shall be ba deemed guilty of adultery and shall upon conviction thereof be baaun dun fished by fine not exceeding or by im imprisonment rison ment not exceeding three mo months or both in the discretion of the tha court sic sec 10 that all laws of the leg isla tive assembly of the territory of utah which provide that prosecution 11 for adultery can be commenced only on the complaint of the husband or wife are hereby disapproved and annulled I 1 j and all all prosecutions tor for adul tery may hereafter be ba instituted in the ill same am a way that prosecutions for other crimes are sec BEC 11 that tho ilia marriage relation between ont person of either sex and more than one person of the kotlier sex shall be deemed polygamy polygamy or any polygamous association or cohabitation between the ilia sexes Is hereby declared to be a felony and shall be punished by con flo ement in the ir for a term of not loan less than ono one year nor more than five years and the continuance tin ti nuance of tho polygamy or poly association or of cohabitation between the sexes after any indict duent mentor or other legal proceedings Is commenced against auy any person shall be deemed a new offense punishable as aa aforesaid SEC 12 that the laws enacted by the legislative assembly of the tha territory of utah which provide for or recognize the capacity capaci ty of illegitimate children to inherit or ill ti be ba entitled to any distributive blikre in the estate odthe of the father of such life ilia git linato child are hereby disapproved and ili no mate child shall noall hereafter bo be entitled to inherit from his bis or her father 0 ur r to 10 receive any distributive share in the estate of his or her father provided that this section shall not apply to any illegitimate child born within twelve bouthi of after ter the passage of this act nor to any child made legitimate by tile ath section of the ilia net met entitled an act to amend section of the revised statutes of oi the united states la in ro re ference to bigamy and for other pur 10 up proved march 22 1889 itic 13 that nothing to in this ibis act contained cout alneil shall be construed to 10 repeat repeal the act of congress entitled ian an not act to amend section fifty three hund ell oil and liny fifty two of the bevis ed statutes of the united states in reference to to bigamy and for other purpose 4 11 Hp proved march twenty second eighteen hundred and eighty eight two but tho the provisions ot of daiil id net except in so fur far as aa they are ara repugnant to this act shall be ba applicable lle ablo to this thia act as it if herein expressly mentioned and the power given licea to the president by the ath section of said act shall be applicable to the offenses oGOn iea created by this net act SEC 14 that the acts of the legislative assembly of the Territory of utah inco orating continuing or providing for the corporation known us as the church or of jesus christ of latter lay jay saints balents and the ordinance of tho tha ao so called general assembly of the state of deseret incorporating po rating the church of fesui christ of latter day saints so far ai the tha same may now have legal force and validity are hereby disapproved approved dla and annulled and the said corporation in so BO far its aa it may now have or pretend to have any leitl legal existence is hereby dissolved SEC 15 that all laws of the tha assembly of the ho territory ot utah or of the tha so ao called gov of 0 the tha state ot of deseret Dea eret creating orgin organizing izing amending or continuing the corporation or it aasa aso claton called tile the perpetual deml grating fund are hereby disapproved diMp proved and annulled and ill 9 said eald corporation inso in fin faras feir ltd it may now have or pretend to have any legal lagal existence la Is hereby arid it italian shall not be lawful for ilia die legislative assembly amenably of tile tho territory ot of utah to create orga organize nIzO or lit in tiny anny reco recognize anize any corporation or ita or to pass say law for tho the purpose of 0 or oc operating to accomplish tile tha bringing of if parsons lato antu the asid territory for df tiny purpose 1 e whatsoever 6 BEC 19 13 that it shall bs be the iha duty of tile tho attorney apteral of the tha united states to such ouch proceedings to bo be taken in the supreme no co court u of 0 tile the territory of utah as ad shill chilli ill ha proper to declare vold void and to dla solve the said ca corporations ici 1 I et oil mentioned in preceding and lit ID the section evl ady tile the debts and to of 0 tile tha property and assets therdo to law an and e equity fly u 8 yec 21 17 that ilio alio eleventh pnra para graph of the third section of the act gracli out untitled an titled tied an all act in relation to courts find judicial officers officer of iho fie territory of utah 21 approved june 23 1874 bo be anti and the ta saute same li ii hereby amended so as a toll orind read follows A writ of error from bioni tile ilia supreme court of lio united states to the supreme court ot of tile said T territory alidel 10 lo ill iii till 11 cases the ho nt ru ed IS hall it have vo been sen bet fenced ud to lu ell I 1 fitall punishment or convicted of I 1 bigamy I 1 polygamy poleg dikiy or U lawful ail colia I 1 or of tiny ail ui ill tense under I 1 ahn h 0 net act entitled ail act tn in amend gallon birly i iree hundred mid find two of ofalie file statutes of ilia states lit id ru ro fer federica erica to bigamy hud fur for other pur poses pu ties Ril proved arch 22 1882 or under till this act the judge merit complained led of f wu was 8 re rond n dered cred hembre or afeei ilia it roval of fills ait act at hilda I 1 writ iQ error cirit front the iho supreme court of ipe a united states stales to the supreme of tho the territory or mi ail appeal it 0 o thu the supreme ilu court of the united states from the supreme court af pf the alie territory shall be allowed or to any judgment or decree ren lored lit in n nuy 1 proceeding or sult authorized u under nr the sixteen th sect section ion of this act and the supreme court if tho the united states Is to e 0 1 till all cales arusing arlala arl aln under this S lep 1 t u 1 1 and dispose of the bliem ritas us promptly as ai possible without regard to lu their ill place ace upon n tho the docket provided however that tho the writ or appeal thereby allowed owed shall be taken and prosecuted with wilh it 1 tile iho period limited in like li aies froin and decrees of the circuit courts of the united states beatea or within ono year from the iipp rov a ul of this oct act SEC 18 that all religious soc lellos sects or denominations shall ethll have tho the right to have and to told through trustees trustee appointed by the several county courts or of tile tha terri tory lory si at much real property properly for the erection of houses housea of worship nud nod for the residence ofIn of Inin falater later priest or other religious teacher fla as 0 rhall ball be needed for the convenience a and nd use of the several congregations of such auch religious society sect seat or denomination baiwer that such real property shall not exceed in on an incorporated town til or city te teu u ac rials orel or art fifty acres dorshall nor shall a any a y such society seel geel us it denomination have and hold bell Ase except ept in ili 06 value of buildings erected on said bald real property as aforesaid and in the value valno of the tha personal pera oual property used in religious worship or for the corn com fort of those assembled a greater amount in money value than fifty thousand dollars yen IJ 19 that commissioners up op pointed by the supreme court fand district courts in the territory i of utah shall possess and may exorcise all the powers and jurisdiction that are or way may be possessed or exercised by justices of the peace in said eald territory under the iho laws lawa thereof and the same barne powers conferred bylaw 0 on appointed appoint sd by circuit cincu la courts of the united states stales SEC 20 that the marshal owsald of said territory of utah and his bis dept lites shall possess and may exer clam lali I 1 the lie powers in executing the lassor laws of the united states slates possessed and exercised by sheriff if and their deputies as peace officers and each of them shall arrest or ball cause to bo be arrested all offenders against the law in hla his view and carry them before the proper officer or court for exam axam littlon accordine accord lne log to lawther law they ab ahall have power to prevent assaults 1 and I d batteries and to quell and suppress a riots riota routs and af frays I 1 SEO sec 21 that all laws passed by the tha so called state of deseret find by the territory of utah olah for the organization of the militia thereof or for the tha creation of the nauvoo |