| Show EDMUNDS EFFORT to amend the act in kefer anco to bigamy 1 AGES confiscation of church property A record of 11 marriages to be kept in tiie yena bof states december 8 mr introduce tro duce the following bill which was read twice to the committee Comit tee on tha judiciary 1 A BILL to amend an act d ah act to amend tareo hundred and fifty two of the revised staples states in reference to for other purposes approved march twenty second eighteen li undred and eighty two be i enacted by the senate and arouse of representatives of tsie united states of ameca t assembled that in any proceeding and examination before a grand jury a judge justice or a united states commissioner or a courtin any prosecution for bigamy polygamy or unlawful cohabitation ander any statute of the united state the lawful husband or wife of the person accused shall be a competent and may be called iucci cpr oeding examination DI prosecution without alie of he husband or wife as the case may ie but such witnel s shall not be permitted to testify as to any bial statement or inada bv either cpr ife to each tb of abe marriage relation sec 2 that in any prosecution for bigamy polygamy or unlawful cohabitation under any statute of the united stales whether before a united states commissioner justice bogran or any court an attachment for any witness may be issued by the court judge or commissioner without a previous subi compelling the immediate attendance of such witness when it shall appear tice judge or court as the case may be that there is reasonable ground to believe that such witness will nn lawfully fail to obey a subpoena is sued and served in the usual coursin in such case the usual letb beall bo paid to such wit ness so attached provided that no person ahall be held in custody under am as provid oil by th ui a lunger lime inched may at any time secure his or her discharge from custody by esaf niti ilg with editor ance bf euch person at the proper witness mahe cause or proceeding wherein the attachment may i 3 er any polygamy or unlawful commenced at any time within tiye yeara next after th em mies loja of this provision hall jiobu construed to apply to aby oneice red JL j tl js y sec 4 that domony of marn osei 91 fifa mar ih any of the of cither more alie parties Q such ceremony bo law ti traba the lucli marriage marri aee or ceremony or not in w citing by acer lif and nature of such ceremony the full names of each of iho partie ta full hanie of every or designation called or known in any way taking part in the performance of su which cerlini alBU all be drawn by the par ceremony anict officer priest and person taking part in of such ceremony and eliell ba by the officer priest or other person inar file onico probate court orif there fae ione in the bourff haying or dia brict in such ake place tor record aad shall ho immediately dy such cate shall be prima facie evidence of alie facts this ct to be dialed therein in any proceeding or crim be drawn in question apy person who shall violate any of tha provi slona of thia section shall bo deemed gumy of a misdemeanor and shall on conviction ed dt not more than one or bym not longer than two by punish beut in the discretion of the court sec 6 that every certificate record and entry pt jimiy corning any ceremony re ceremony ot any kind boado or kep by any of ef forming civil or ecclesiastical bunc lawful or any territory of the united stales and any record thereof in or place shall be to inspection af all reasonable magistrate or of justice ap pointed under alio authority ortho united states and shall on request be produced and shown to magistrate or by any person in whose feam omay bo every wh 0 ahall yio laro tho auction ahall a misdemeanor andrall and hall on cobak lion thereof not more than one dojer or by ent not longer than two yeara or by ments in alie too court and it ahall be united rotates justice judge or court before any proceeding beall lau in which such certificate rea u 11 ws i cordi may be material by warrant to cause such cate record or entry and the look document or paper containing alie same tobe faken and brought before him or it for tho purposes of such proceeding ce sec that nothing shall bo held to prevent tho proof of marriages whether lawful or unlawful by any evidence biow legally admissible for that purpose sec 7 that it shall abot be lawful for any female 16 voto al any election hereafter held in tho territory of any public purpose what ever andi ho euch be ro or counted or eh en deflect in any manner whatever and any and every act of the governor and legislative A bly of alio territory of rutih for or allowing alic or voting by females is hereby annulled sec 8 that all laa of the legs of the Territory 1 of utah which fir numbering or the of the electors at any election in said territory are hereby disapproved aad annall cd but the foregoing provision shall not preclude the lawful registration of votes or any other provisions for securing fair elections which do hot involve the disclosure of the candidates for whom any particular elector have voted sec i Q that the laws enacted by tile legislative Assembly of the of utah conferring jurisdiction upon probate courts or alie judges thereof or anhof them in said territory oilier than in respect of the cs i talea of deceased persons and in re of the guardianship 0 the per bons eons and property of infants and in respect of the persons and property of persons not of sound mind are hereby and annulled andino probate of pros bacq hall exercise any jurisdiction other than in respect of the matters aforesaid bild every such jurisdiction so by force of this awn from the said probate conr judges shall be had and exercised by the district territory respectively deec teec ilai that then laws enacted b the legislative assembly of the territory of utah which provide for or recognize tho capacity of illegitimate children to inherit or to be entitled to any distributive share in the the father of such mato child are hereby disapproved and and no illegitimate child filial hereafter be entitled to hta bior her father or to auy distributive share in tho or provided that this oh shall not apply to child born previous to the passage of th ia act sec 11 that all laws of the legislative isla tive assembly of the territory of utah prosecution toy adultery an only lie commenced on the complaint of lie husband or wife aro hereby disapprove dand an bulled aili LalI prosecutions fora i in the sama way that prosecutions for other crimes are faeo 1 io acla of the lefi incorporating for iho aa the church of y sainta and alie of khe so called general assembly of tle state of incorporating alio of so far aa tl aBamo may force and validity ahro proved and annulled annu llod so far as tho I 1 bame may preclude the appointment by the united states of certain 1 said corporations is herein after provided jhc thc united states by and alie advice i and absent of the senate shall ap 1 point fourteen trustees of the said corporation who shall leave and ex awse all th epowers and functions of I 1 trustees and assistant trustees pro aided vided for creating crea tiny amend corpora alon which steea EO appointed for the and the trus annually or oftener make H full report to the secretary of the intel binsau property business haira and operation of alio said corpora tion and of the territory of utah eliell not have power laws respecting respect ini reaid trustees each eiyo bond payable id alie united slates with good and sufficient security for tho of the duties incumbent upon him as tee sum ag may be prescribed by ih 0 secretary of the interior sea 13 that it shall be the duty of kenerl of tho unit td to nd to forfeit and escheat to the united states tho properly of corporations po rations obtained orhild or held in viola ion ole altaf con eresa bof july and esty two eu titled an net to sri prevent eamy inalie territories ri of alio united states and other places and disapproving annulling certain act of alo aa embly of ahe territory of or in section eighteen hundred add heirty hiir ty of the revised statutes of the united state and oil hsuch property BO forfeited and ca cheated to alio united states shall bo disposed of by the secretary of tho interior the thereof applied URO and benefit of tho tu Territory in which property ruay be lovis no be forfeited occupied exclusive kyfor worship ec 14 that in any proceeding for the enforcement of the provi slona of law holding property pro porty in any territory of tho united in eycas of alie tain by law the court to compel tho production ing 0 o ollie or mins av property jn guch corporation may have any title or interest whatever bee that all jewa of alie latara asee robly of tiro territory of utah or of tho so called government of tho of Dp creating or i tho or the perpetual emigrating fund com y W abow U st M ati pany are hereby disapproved and annulled and it shall not bo lawful for the assembly of tho territory of butali to create orea nizo or in any manner recognize any cors horation po ration or association for tho purpose of or operating to accomplish tho bringing of persons into tho said territory for any purpose whatsoever sec 10 that it eliell bo tho duty of the attorney general of the united states to cause euch proceedings tb bo taken in the supreme court of tho territory of utah as shall bo proper to dissolve the said corporation and pay the debts and to dispoto of the properly and assets thereof according to law said property and assets in excess of hie debts and the amount af any lawful claims established by tho court against the same shall escheat to the united states and shall bo taken y disposed of by the secretary of alie the direction of the president of the united states for the benefit of com mon in said territory sec 17 that the existing districts and apportionments ef representation resen tation concerning tho of tho 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 judges in said ter forthwith to redistrict said territory and apportion representation in efio same in such manner as to provide as nearly as may he or an equal representation of the people excepting indians not taxed being citizens of the united states according to numbers in said legislative asi and to the number of mem bers of the council and house of resen re sen ta tives respectively as now established by law and a record of the establishment of such new districts and tho apportionment of representation thereto shall be made in tho of tho secretary of calip territory and such establishment and representation shall continue until congress shall otherwise provide and no persons kotlier than citizens of the united states otherwise qualified shall be entitled to voto at any election in said territory sec 18 that the provisions of section nino bf said act approved march twenty second eighteen hundred and eighty two in regard to registration and election and the registration of voters Sand tho conduct of elections and the powers in d dutli therein mentioned remain jintil tho provision and laws therein referred to be made and enacted by tho degisi cativo assembly territory of utah shall hav been made and enacted by said assembly and shall have been congress sec 19 that whoever commits adultery shall be punished y imprisonment in the penitentiary not exceeding three ears and when the act between bej a roar ried woman and nin nali aa fi neu both carlies to such act shall boi deemed guilty fis adultery and when such act is committed between a marred man and a woman who is unmarried the roan ahall bo deemed guilty of adultery sec 20 eliat if an unmarried man p woman commits fornication each of them shall bo punished by j imprisonment not exceeding bis months or i fine not exceeding one hundred dollars sec 21 thai coir missioners ners appointed by the supreme court and district courts in iho territory W possess and may exercise 1 all the powers and jurisdiction that are or may be possessed or exercised exorcised by justices in said terri i korv under the laws thereof and abol same powers conferred by laev appointed by circuit i courts of stales j sec 22 that the marshal of I 1 said territory of utah arid his deputies ahall possess and may exercise all the powers in executing tho laws odthe united states possessed and exercised by and ties as officers and each ofa them shall cause nil ou enders against thu law in his view to enter into r e cognizance to keep the and to appear atthe nest term of court having jurisdiction of atie case and to commit to jail incase of failure to djey shall quell and suppress assaults and bat terie riots fiu rays and ansur rec tiong and shall apprehend and commit to jail all felons sec 23 eliat alio of territorial superintendent 0 district school created by the laws of utah ia hereby declared vacant and it shall bo tho duty of tho court of said territory to appoint a territorial superintendent of district schools who shall and exercise all the powers and duties imposed by the laws of said territory tiapon tho territorial superintendent of district schools and who shall receive tho same salary and shall le paid out of alie treasury of baill territory and tho laws of alio territory tho method of election and appointment of territorial superintendent of district schools are hereby the further action of congress elial behaden beha thereto tho calil superintendent shall haive r to prohibit thu efio in any district of auy book of a aetta rian character or said ahall collect aej classify and other information respecting ahw iu said owing their tha whole number of ii of school age the who school 0 o each year in the respective and average length of time of their attendance teachers and the compensation paid to tho number of teachers who are cormons mormons Mor mons the who alq so called gentiles of of Mormon aind ali e number of children afao called aen ila and belr crago idt school all Q and information annually reported to con bacsa through I 1 he governor of said territory and the deportment of the swu 24 a A widow ahall bo endowed of thu third part of all tho lands whereof glicr husband was seized of an estaba of inheritance at aidy time during tha marriage b the widow alien shoaf the liia death bo entitled hold any real estate if aho d i 1 1 A t oi O al r f bean inhabitant of the territory at the time death shall bo entitled to dower of such estate in the banic manner as if such alien had been a native citizen c if a husband seized of an estate of inheritance in landa exchanges for other lands his widow shall not have dower of both but make her election to bo endowed of the lands govenor gi venor of those taken in exchange and if such election be not evinced by the commencement of proceedings edinga to her dower of the unda given in exchange one year after the death dofher hua band she shall be deemed to havo elected to take her dower of the lands received in exchange d when a person seized oganes of anes tate of in lands shall have executed a mortgage on such estate before marriage his widow shall nevertheless to dower out of the lands mortgaged as against every person except the and claiming under him e where a husband puri caaso lands aurini coverture and shall at the samo jimb mortgage bis estate in such lands to secure the pay of tho purchase money his widow shall nat bo entitled to dovi f put of such lands as against the mortgagee or those under him although she shall not have united in sach mortgage but sh oshall beena titled to her dower as against all other persons f where in lucli case themert or those claidine cla unde ahall after the death odthe husband of such widow cause abo land mortgaged to be sold a power contained in the mortgage or by virtue of tha decree of a court of equit yand if any surplus shall remain after payment lot moneys due on such mortgagor mort gago and alie costs |
