| Show FULL TEXT of the latest iniquitous bation of the united states senate instigated by george frisbie hoar of massachusetts who is desirous of hig the old blue laws in ho the free mountain breezes of utah A bill to amend an act entitled an acl act t tp P amend bedion section fifty three hundred A and fifty two of the beyle statutes af pf tho the united Sta State ain reference to bigamy and for other purposes 11 approved march twenty twety second ne oa eighteen hundred and eighty two be t enacted by the senate and house I 1 q of of oj the united slaw of america in in congress assembled that in any proceeding and examination before a grandeury grand jury lury a judge j justice ustice or a united states commissioner ors or a court in any prosecution for bigamy polygamy or unlawful cohabitation under any statute of the united unite st states te th alie a lawful husband or wife of the person accused shall beacom be a corn witness and may be called anamay and maybe be compelled to testify in such proceeding examination or prosecution without the consent of the lius husband land or wife as the case may be but such witness shall not ba be permitted to testify tyas as to any anya confidential statement or communication made de by either husband or wife to each ach other during the eki existence stence of the marriage I 1 relation SEC seca 2 that tat in itt any prosecution tor for bigamy polygamy or unlawful cohabitation under any statute of the united states whether before a unix uni fed ted states stata commissioner justice judge a grand jury or any court an attachment for any witness may be issued by the court judge or commissioner wit without houta a previous subpoena compelling the immediate attendance of such witness wit nesa when it shall appear to the commissioner justice judge or court as the caia case may be that there is reasonable ground to believe that such witness will unlawfully fail to obey a subs sub amna issued and served in the usual course in such cases and in such case cabe the usual witness fees shall be paid to each witness BO so attached provided that no person shall liall beldin be bo held in e custody u a under any attachment issued as provided by this section for a longer lime timi than 10 ten days and the per pr son attached may at any time receive his or her di discharge e from custody by executing a recognizance of such per pei son at the proper time as a witness in the cause or proceeding wherein the attachment may be issued SEC 3 that any prosecution under any statute of the united states for bigamy polygamy or unla unlawful ifal cohabitation may be commenced at any anytime time within five years next after the commission of the offense but this provi provision sidn shall not be he constructed to apply to any offense already if barred barted by an of leml tation SEC 4 that every ceremony of I 1 niagria gedor in the nature of ofa a inar ariage care ceremony mony of any kind in any of the territories of the united states whether either or both or more odthe of the parties to such ceremony be lawfully competent to bo be thesus the subs sub ejects of such marriage ceremony or not shall be certified in writing by a it certificate stating the fact and nature of such ceremony the full name of each of the parties concerned and tb the e full name of every officer priest and person bd by what whatever eier style or designation c called aale d or known in any way taking part in the performance of df such ceremony which certificate shall be drawn up and signed by the parties to such ceremony and by every officer priest and person taking part in the performance e r firmance for mance of such ceremony and nd shall all be by the officer eitor other solemn such marriage or ceremony filed in the office of the probate court orif or if there be none the office of the court having probate powers in the tho coun district in which such ceremony shall take place for record and shall be anime recorded such certificate shall bo be prime facie facia evidence of bf the fact required by this act lo 10 be stated therein in any proceeding civil or criminal in which any matter shall be drawn d ilaw Is in question lion any person who shall any ortho provisions rovis of this section biall be deemed guilty of a misdemeanor and shall on conviction thereof be punish edby a fine of not more than one thousand dollars or by imprisonment not longer than two years year sorby tor by both eaid said punishments in the discretion of the court SEC 5 that every certificate record and entry of any kind con berning any ceremony of marriage or in the nature of a marria marriage ceremony of or any kind made or kept by any afi of fleer clergyman priest or per cormin ell chiyi pr ecclesiastical fruct bioni wl whether tether lawful or not in any territory of the united states and any record thereof I 1 in n any orce office or place shall be subject to inspection at all reasonable times by any judge maz magistrate istrate or officer of justice ap aps pointed tho the antl authority bority of the tile united and shall li 0 on n request be prod produced and shown to such jada magistrate or officer by any person in whose possess possession lonor or control the same may be every person who shall violate the provisions of this 8 section shall be deemed tilt y of a ii meaner and bleau r oa ih thereof eroff be puni punished sheU by a fine of 11 not ot more than one thousand dollars or by imprisonment not longer than two year sorby by both both said punishment hi in tho the discretion of the court and it shall be lawful for any united states commissioner justice judge or court before whom an any proceeding shall be pending in w which ay iy cl i such certificate record or entry may be materially teri ally by proper warrant to cause such stich certificate record or entry and the book document or paper containing the same to be taken or brought before liim him or it t for tho the purpose proceeding SEC sea C G that nothing in this act shall be held to prevent the proof of marriage whether lawful or unlawful by br any evidence now legally admissible for that purpose SEC sm 7 that it shall not bo lawful for any female to vote at any election hereafter held in the territory of utah for any public purpose what aver and no such yote vote shall be received or counted or given effect in any manner whatever and any and avery every act of the governor and the legislative isla tive assembly of the territory of utah providing for or al allowing lowing tho the registration or voting of females is hereby annulled SEC seca 8 that all laws of the legislative assembly of the territory of utah which provide for numbering or identifying the votes of the electors at any election in said territory are hereby disapproved and annu annulled I 1 led but gut the foregoing provision shall not preclude the lawful registration of vote soi any other provision r ision for securing fair elections ph which ich V do not involve the suro sure of tho the candidates for whom any particular elector shall have voted SEC 9 0 that the laws enacted by the legislative assembly of the territory of utah conferring jurisdiction upon probate courts or tho the judges ds thereof or any of them in said territory other than in respect of the cs es tales tates of deceased persons and in respect of the guardianship of the persons and property of infants and in respect of the persona persons and property of persons not of sound mind are hereby disapproved and annulled and no probate court or judge of probate shall exercise any jurisdiction other ihan than in respect to the matters afore said and every such jurisdiction jurisdiction uris diction so by y force of this act withdrawn drawn from the he said probate courts or judges shall be had and exercised by tho the districts courts of said territory re V e I 1 y SEC 10 that the laws enacted by he the legislative assembly of tj the ie territory tern ory of utah which provide for or re cognize the capacity of illegitimate chil children dien to inheritor to be entitled to and distributive share jn the estate of the father of such illegitimate child are hereby disapproved and annulled and no illegitimate child shall heres here after be entitled to inherit from front his or her father or to receive any distributive share in the estate of hi ile or lier father fattier provided that this shall not apply to iny any ille illegitimate git imato child born previous to the passage of this net act SEC 11 that all laws of this legislative isla tive assembly of the territory of utah which provide that prosecution for adultery can van only be commenced on the complaint of the husband lius band or wife are hereby disapproved and annulled andall and ill prosecutions for adultery may hereafter he reatter bo be instituted in the samo avay that prosecutions for other crimes are SEC 12 that the acts of the legislative assembly of utah incorporating continuing or pr providing for tho corporation po known as the church of desus jesus christ of latter Latt erday day saints and the ordinance of the so called general assembly of the stale of deseret incorporating corp corpo orating the church of jesus christ of latter day saints so far as the same may now have legal force and validity are hereby disapproved and annulled so far as the same may p preclude re the appointment by the united states of certain trustees of said corporation po ration as is hereinafter provided the president of the united states tates by and with the advice and consent of the senate ahall shall appoint fourteen trustees of said corpora corporation tiou who shall have and exercise all tho the powers and functions of trustees and assistant trustees tiu provided for in the laws creating amending or continuing the said sail corporation which trustees so 0 o appointed shall hold their respective offida for the term of two years and tbt trustees of paid fald corporation shall annually or oftener make a full report to the secretary of the interior embracing all Iro property perty business affairs and operations odthe of the said cor corporation oration and the legislative assembly assembly of the territory of utah shall not have power to change the laws nos respecting said corporation without the approval of congress said trustees each give a bond payable to the united states in each flum be prescribed by the secretary of flie interior with good and sufficient security for the faithful discharge of the duties incumbent upon blin as trustee sw 1 that it iteli shall allbe be the duty of alie attorney general of the united states to institutor and prose prosecute vote proceedings to forfeit and escheat to tho the united states the property of or corporations obtained or held inyim in vio lalion lation of section three of tho the act of congress approved the first day of july eighteen bundred undred li and sixty two entitled anace an act to and prevent the practice of polygamy in the ter territories 10 ries odthe of the united states and other 1 places 1 ace 9 and disapproving and annulling certain nets acts of the legislative assembly of tile the territory of utah or in violation of section eighteen hundred and ninety of the revised Statute a odthe of the united states and all such property so forfeited and es cheated to the tho united states shall ba disposed dony of by t the lie secretary of the interior and the proceeds thereof applied to the use and benefit of the co common taimon schools in the territory in which such property may be aro tided that it no building shall be forfeited which is held and occupied exclusively clusin clu I 1 for purposes of religious worship P 14 that in any proceeding for the enforcement of tho the provisions of law against corporations or assoria associations eions acquiring or holding property iri iq any territory of the in excess of ofilio the amount law tho the court before which such proceeding may be instituted shall iia hafi e power w e r in u h summary way to compel the production of all books records paper and documents of or belong ngtai any trustee or person holding or controlling cont con roling froling or managing ma c property in which such corporation may have any right title or interview whatever 15 th that at all laws of tho the legisla live tive assembly of the territory of utah or of the so called government stat of deseret creating or ors gan izing amending or continuing the corporation or association called the perpetual emigrating fund corn com J pany are hereby disapproved and annulled and it shall not be lawful for the legislative assembly of the territory of utah to create organize or in any an y manner recognize any corporation ti or association for the purpose of or operation to accomplish the bringing aing of persons into the eaid said Terri territory tofy for any pu purpose w 0 whatsoever SEC 10 16 th that t it shall be the duty of the attorney general of the united acken states tates to cause such proceedings to be taken in the tile su supreme reme court of the territory of alfi utah as shall be proper 0 o dissolve the said corporation and pay tho the debts and to dispose of the property Fro property perty and assets thereof according lo 10 0 law said sleets property bro perty and assets in excess of the debts and the amount of any lawful claims established by the court against th the same osame shall escheat to the united states and shall be taken invested and disposed of by the secretary of the le interior under the direction of the president of ta the 1 e united states for the benefit of corn com mon schools in said territory SEC sem 17 that tho the exis existing tinz el districts and apportionments of representation sen tation concerning the members of the legislative assembly of the territory of utah are hereby abolished and it shall be the duty of the governor territorial secretary and the united states jud judges judes es in said territory forthwith to redistrict said territory and apportion representation in the same in such manner as to provide as nearly ly as may bo be for an equal representation of tb the e people excepting indiana not taxed being citizens of the tile united states according to numbers in said legislative assembly wembly and to the num number berof of members member of the council and house of representatives respectively ively as now established establish ed by law and a record odthe of the establishment of such new districts and the apportions ment of representation thereto shall be made in the office efthia secretary of said territory and such establishment and representation shall continue until congress shall otherwise provide and no person pe other than citizens of the united states other aise wise q qualified u alifier shall be entitled to vote at any election in said territory SEC 18 that the provisions of section nine of said act approved march twenty second eighteen hundred and eighty two in regard to registration and election officers and the registration of voters and the conduct ofeleo of elections and the powers and duties of the board therein mentioned shall cons con dinue and remain operative until the provision and laws the therein reid referred to to be made and enacted by the th e legislative assembly ef baida errit bry of utah shall have been made and enacted by said assembly and shall have been approved by congress SEC sw 19 10 that whoever commits adultery shall be punished by imprisonment in the penitentiary not exceeding three years and aud when the act is committed between a married woman and a man who is unmarried both parties to euch such act shall be deemed guilty of adultery and when such act is committed between a married man and a woman who ia is un married tho the man shall bo be deemed guilty of adultery SEC 20 t that if an unmarried man or woman commits fornication each of them shall be punished by imvris not exceeding six months or by bi fine flue not exceeding one hundred dollars |
