| Show THE ANTI MORMON MORION BILL As it passed congress and was submitted to the president THE TEST OATH FOR VOTERS the following is the full text of the edmunds tucker anti Mor mormon bill as reported from the conference committee and accepted we copy from the congressional GA gressional record of feb the committee of conference on the disagreeing votes of the two houses on the amendment of the house to senate bill no to 10 entitled an act to amend an act entitled an act to amend see section of vie revised statutes of t the he united states in reference to bigamy and for other purpose purposes s approved march 22 1882 11 respectfully report that having met alter after full and free conference have agreed td to recommend and do recommend to their respective houses bouses that the bill be amended as f follows lu in place of the part of the bill proposed by the house of f representatives to be stricken out and in place of the words proposed by the house pf af representatives to be inserted the follow ina words be substituted and that so add amended 3 dd the bill pass dass suc SEC 1 that in any proceeding or examination before a grand rand jury a judge justice or a united states com miss missioner loner or a court in any prosecution for bigamy polygamy or unlawful f al cohabitation under any statute ot of the united states the lawful husband or wile of the person accused shall be a competent witness and may be called but shall not be compelled to testify in such proceeding examination or prosecution without the consent of the husband or wife as the case may be and such witness s shall not be permitted to testify as to a any statement or communication made by either husband or wile wife to each other during the existence of the marriage relation deemed confidential at common SEC law 2 that in any prosecution prosecution for bi bigamy a in polygamy or unlawful cohabitation h a under any statute of the united states whether belfore before a united states commissioner justice judge a grand jury or any court an attachment lor for any witness may be issued by the court judge or commissioner without a previous subpoena compelling the Smine immediate diate attena attendance ance of such witness when it shall appear by oath or affirmation to the commissioner justice judge or court as the case may be that there is reasonable ground to believe that such witness will unlawfully fail to obey a subpoena i sued issued is anil and nerved in the usual course in ia such cases and in such case the usual wit ness tee lee shall be paid to such witness to bo attached provided that the person so attached may at any time secure his or her discharge from custody by ex eluting a recognizance with sufficient lelent surety conditioned for the appearance of such person at the cloper time as a witness in the cause of proceeding wherein the attachment may be issued SEC 3 that who whoever eveir commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years and when the act is committed between a married wo woman man and a man who is unmarried ed both parties to such act shall be deemed desired guilty of adultery and when such act is committed between a married man and a woman who is unmarried the man shall be deemed guilty of adultery isicc 4 that if any person related related to another adother person within and not including toe fourth degree of consanguinity computed according to tile rules of the civil law shall marry or cohabit with othave or have sexual intercourse with such other so related person knowing her or him to be within said degree of relationship the person so offending shall be deemed guilty of incest and on conviction thereof shall be punished by imprisonment in the penitentiary not less than turee bears and not more than fifteen years 6 5 that if an unmarried man or woman inan commit fornication each of them shall be punished bed by imprisonment not exceeding six months or by fine not SEC 6 that all laws of the legislative assembly ot the territory ol 01 utah which provide that prosecutions lor for adultery can only be commenced on the complaint of the husband or wife are hereby disapproved and annulled and all prosecutions lions for adultery y may hereafter be reatter be dinst buted in the same way that prosecutions for other crimes are SEC 7 that commissioners appointed by the supreme court aud and district courts in the territory of utah uta f hall possess and may exercise e xer cise all the powers and that are or may inay be possessed or exercised by justices of the peace in ia said territory un dr the laws thereof and the babe powrie conferred by law on commis appointed by circuit courts of the united states SEC 8 abat the marshal of said territory ot of utah and his bis deputies shall possess and way may exercise uil all tile the OWIS in executing the lassof laws of the united V cited states or of said sa d ti territory pos bt exercised by sheriffs constables anti and their deputies deput Aes as peace officers and each of them shall cause all u offenders offender spinet against the law in his view to enter into recognizance to keep the peace and to 10 appear at the next nc at term of the cour having jurisdiction of the case and to commit to jail 1 in case of failure to give huch buch recognizance ni zance I 1 ibey bey shall quell and es e s ase assaults aults and batteries riots nota routs af frayn frays and insurrections SEC 9 that every ceremony of marriage or in the nature of a marriage ceremony of any kind in an any of the territories of the united unite states whether either or both or more of the parties to such ceremony be lawfully lawi ully competent to be the subjects of such marriage or cere mony or not shall be certified by st a certificate stating the fact and nature of such ceremony the full names ot of each of the parties concerned and the f full all names ot of every officer priest and person by w whatever bayle or designation called or knowlin know nin any way taking part in the performance of such ceremony which certificate shall be drawn up and signed by the parties to such ceremony and by every officer licer of priest and person taking part la in the performance of uch tuch t ceremony and ahll be by the officer or other person solemnizing solemn izing such marriage or ceremony filed in the office of the probate court or if there be none in the office of the court having probate powers in the county or district in which such cere mony shall take place for record and shall be immediately recorded and be at all times subject to inspect inspection ionas as other public rc records cords such certificate or the record thereof or a duly certified copy of such record shall be prima facie evidence of the athe facts required 9 a 1 1 by this act to te be stated therein in any proceeding civil or cil criminal minal in which the matter ma ater shall be drawn in question any person who shall wilfully violate any of the provisions of this section shall be deemed guilty of a misdemeanor and shall on conviction thereof be punished by a tine fine of not dot more than 1000 or by imprisonment not longer than two years or by both said punishments in tle discretion of the court SEC 10 that nothing in this act shall be held to prevent the proof of marriages whether lawful or jul by any evidence now legally ad for that purpose sac 11 that the laws enacted by the legislative assembly of the terri tory cory of utah which provide for or recognize the capacity of illegitimate children to inherit or to be entitled to any distributive share in the estate of the father of any such illegitimate child are hereby disapproved and annulled and no illegitimate child shall hereafter be entitled to inherit from his or her father or to 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 months after the passage of this act nor to any child made legitimates ats by the seventh section of the act entitled an act to amend section of the revised statutes of the united states in reference to big amy am yand and fo for other purposes ap proad march 22 1882 SEC 12 that 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 other than in respect of the estates of deceased persons and in respect of thet guardianship of the persons and property of infants and in respect of the persons and property of persons not of sound mind min dare are hereby disapproved and annulled a and nd no ng probate lobate court or judge of probate shall exercise any jurisdiction other than in respect of the matters aforesaid except qs as a member of a county court and every such jurisdiction so by force of this act witha withdrawn rawn from the r said aid probate courts or judges shall be had and ada exercised by the district courts of said territory respectively SEC 13 18 that it shall be the duty of the attorney general of the united states to institute and prosecute proceedings ce to forfeit and escheat to the united states the property of corporations obtained or held in violation of section 3 of the act of congress approved the day dav of july 1862 entitled an act to punish and prevent preprint rint the practice of polygamy poly camy in the territories pi the united states slates and other places and disapproving and annulling certain acts of the legislative assembly of the territory of utah or in violation of section 1890 of the revised Statute the united tates tales and all such property so forfeited and es cheated to the united states shall be disposed of by the secretary Secie tary of the interior and the proceeds thereof applied to the use and benefit of the common schools in the territory in which such buch property may be provided that no building or the grounds appurtenant thereto which h is held and occupied exclusively for purposes of the worship of god or parsonage connected therewith or burial ground beall be forfeited SEC 14 that in any proceeding for the enforcement of the provisions of law against corporations or associations acquiring or holding property in any territory of the united states in ex cessa of ane amount limited by law the court before which such proceeding maybe may be instituted ins shall have power in a summary way to compel the production of all books booke records papers and documents of or belonging to any trustee or terson person bold holding ing or controlling or managing property in which such corporation may have finy any right title or interest whatever SEC 15 that all laws of the legislative assembly of the territory ry of utah or of the so ao called government of the estate rS state tate of deseret creating or con COB tinning the he corporation or association called the abe perpetual emigrating fund company arb ar hereby disapproved and annulled aud and the baid corporation cor 1 1 ion in ID fo 60 far ab it way may now 1110 have 01 pretend to 10 have any legal existence in M hereby dissolved and it shull shall not be lawful for or the legislative assembly of t the he territory of utah to create organize or in any manner recognize any such corporation or association or to pass any law for the purpose of or operating to accomplish abe bringing of persons in into the said territory for any purpose whatsoever sue SEC 16 that hat it shall be the duty autv oi of the attorney bev general eral of the abe united states to cause such proceedings to be taken in the supreme court of the territory of utah as shall be proper to carry into effect the prOvi provisions sons of the preceding section and pay the debts and to dispose of the property and assets of said corporation according tam law jaw said property and assets in excess of ef the debts and the amount of any lawful claims established by the court against the same shall escheat to the united states and shall be taken invested and disposed of by the secretary of the interior under the he dir direction celion of the president oi of the united staves states for the benefit of common schools in said territory SEC 17 that the acts acta of the legislative assembly of nf the territory of utah incorporating continuing or providing for the corporation known as the church of jesus christ chiist of lat ter day saints and the he ordinance of the so called general assembly of the state of deseret incorporating the church of jesus christ ot of latter day 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 way may now dow have or pretend to have any an y legal existence tence is hereby dissolved that it shall be the d duty uty of the actor ney general of the united states to cause such proceedings to be taken in the supreme court of the territory of utah as shall be proper to execute the fore foregoing goin provisions of this section and to band bind up the affairs of said corporation po 0 r ration n conformably to law and in au buch 1 h affo proceedings r oce edings the court shall have power and it shall be its duty to make such decree or decrees as beall be proper to effectuate the transfer of the title to real property now held and used us ed by said corporation for places of worship and personages connected therewith and burial grounds and of the description mentioned in the proviso to section 13 of this act and in section 26 of this act to the respective trustees mentioned in section 26 of this act and for the purposes of this section said court shall have all the powers of a court acourt of equity sm SEC 18 a A widow shall be endowed of the third part of all the lands whereof her husband was seized of an estate of inheritance at any time during the marriage unless she shall have lawfully released her right thereto 6 1 I he widow ot of any alien who at the time of his bis death shall be entitled by law to hold bold any ral r al estate if she be an i inhabitant habitant a of the territory at the optime cn m e of such suca death shall be entitled to dower dow er of such estate in the same manner mander at as if such alien had bad been a native citizen c it 11 a husband seized of an estate of inheritance in lands exo exchanges them for other lauds lands his widow shall not got have dower of both buttshall but shall make her election to be endowed of the lands iven or those taken in exchange and hsuch such election be not evinced by the commencement of proceed proceedings logs to recover her dower of the lands given in exchange within one year after the death of her husband site sile shall be deemed to have elected to take her dower of the lands received in exchange 0 d when a person seized of an estate of inheritance in lands shall have executed a mortgage or other conveyance in the nature of mortgage of such estate before marriage his bis widow r shall ball nevertheless be entitled to dower out of the lands mortgaged or so conveyed as against every person except the mortgagee or grantee in such conveyance and those claiming under him e where a husband shall purchase lands during shall at the same time execute a mortgage mort gaHe or other conveyance in the nature of mortgage or of his bis estate in tsuck lands to secure the payment of the purchase money his VV widow adow 1 shall not bib be entitled to do dower out of such lauds lands as against the mortgagee or grantee in such buch conveyance or those claiming under him although she shall hall not ghace united in such mortgage but she be shall be anti titled to her dower dower in such lands as against all other persons f wherein such case the mortgagee or such grantee or those claiming under him shall after the death of the hubband of such widow cause the lan land mortgaged or so conveyed to be sold 01 d either under a power of sale contained in the mortgage or such convey conveyance arce or by |
