Show JACK MORMON continuation of blab plea pied for utah I 1 A I 1 A I 1 I 1 1 v 4 I 1 I 1 bulldozing A afraid fraid that tho the governor and legislative A assembly might I 1 be lio able aalto to agree I 1 A continued the chairman does mr curtis maintain then that there can be but one prosecution for unlawful cohabitation mr west yes yesup jesup up to jo the time tile prosecution begins but had the prosecution se been begun immediately upon the passage of tho tile law they could indict and convict a man of one and then after ho lie had served his ills se sentence tance should lie ag again aln commence come the e practice of unlawful awful co habitation labi tation they could arrest and prosecute n him again mr eden ie Is that based upon the theory of constructive cohabitation mr west this is based upon the theory of constructive cohabitation to show you that such is the case I 1 will quote the instructions of the judge to lie file trial jury in the vcr very y case ase which I 1 have cited the court charged ci arged the iury jury as follows it is not necessary that the evidente evi denpe should show thattie th atthe defend defendant ai it and ani these women or either of them occupied the same bed slept in the came same room or dwelt under the same roof neither Is it necessary that the evidence should sh alio div w that within tile time mentioned in the indictment the tile defendant had sexual intercourse with cither either of them so you see it refers to these cases of constructive cohabitation under that instruction ab ro the petit jury a conviction washa was had dupon upon three separate indictments which indictments al alleged liged tc offense from jhb 1st day of january to the day of december 1883 from froin the 1st day of january to the alst day lay of december of the year 88 1 and from the tile 1st day of january to the let aay of december 1885 showing it to bo be one continuous lin lawful cohabitation now I 1 will ask asic you o 0 a g gentlemen ent lemen what X mormon do who has ever bou a polygamist to avoid conviction under chitra judicial methods and rulings and wil with h picked juries to convict it he could bould prove without question as several have done that giat he lie had alad not had sexual inter pour conre c wi with thany any but one of his wives and had jived lived with w ath her alone since 1 the passage of tile law it would avail him nothing and yet under such circumstances cum stances with every clement element of cohabitation lacking he lie could under tinder the rulings of the courts of utah be bf indicted and convicted enough times and fined a amount to im nilson ison him for life and all ri his lis property pio perty though liewert lie were worth a quarter of a million dollar dollars in all other cases caresw whether liet lier civil or criminal a mormon is I 1 equally powerless to receive justice at the hands of the courts and yet mr baskin comes here and asks that other chains be forged to further enslave the mormon people having proceeded thu afar far with my my argumenti argument I 1 now desire to call your attention to some of the sections of tile law under consideration section 17 reads sec 17 that the existing election districts l 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 th the c governor territorial secretary and the united states judges in said terri tory forthwith to redistrict said ter u and apportion representation in the same sauie in euch such manther mann er ai to provide pj pt ovide as near as rs may be for an equal re representation resen tation of the people except indians indians not taxed being 1 citizens egeit I i n of the united S states tates according to numbers in said legislative assembly and to the number of members of the council and house of representatives respective respectively as no now tv established by law and a record of the establishment of such new now districts and the apportionment of representation thereto shall be made in the office of the secretary of said territory and euch sue I 1 i establishment and representation shall continue until C congress angress on gress shall otherwise provide and no person other than citizens of of the united states otherwise qualified shall be entitled to vote at and election in lt I 1 for fjor a number of sessions past the utah Legisla legislature turo have endeavored to pass a law restricting the territory territory I 1 of utah so aa as to meet the objections which have been made to the present law upon this subject the chairman I 1 find the reynolds to which you referred was prosecuted under a section of the polard bill mr west I 1 thought it might have been before the odthe of the poland act I 1 desire to read briefly from tho tile legislative memorial which waa was pro prel canted congressi to a few days since I 1 read from pago page 9 2 in that memorial it ia is allega as a follows to the honorable president itie the senate house of representatives of 0 athe the united aa states in congress assembled 1 we your the legislative assembly of the territory of utah respectfully respect full represent that having freen elected ty by the citizens kenw of this tills territory duly qualified as voters under the provisions pro of apo the act of congress Cou kress known as tho the ld ed rounds law we have met and labored diligently dur during inthe the term of sixty 1 days lays required by y law and have paso pa Spi euch such measures aa as were feces eary to tb the welfare of our cals and to comply with the requirements of section 9 0 of the tile edmunds act but in the discharge of our duties we have met with persistent obstruction Bt st from tha governor who exercising exer cisine arbitrary and extraordinary powers baa has nullified ohp c chief hief labors of the Bese iori arid add has thrown the affairs of abe territory into per V J a fa 1 confusion we therefore memorize your honorable body and earnestly ask your attention to the following facts and grievances it has be been enwell well understood from the opening of the present legislature that a deeply laid conspiracy has been formed for the purpose of effecting a revolution in utah by which the entire control of the wr territory should be wrested from the large majority of or ita its citizens and placed in the bands hands of a small minority who haye have for a long time by misrepresentation and falsehoods sought to prejudice the government and people of the united states agai against ast utah and its people unable by reason of numerical in significance to wield any influence of importance import anc nt it the this con conspiring pr minority have pla planned tined to obtain the entire of the majority or the c of p political power in a of their own number eo so that either event the few shall rule ii hip hile the vast majority lori ty shall bo be placed in the position of flub subjugated slaves at the head and front of thia this conspiracy stands eli H murray gover nor of utah who has openly advocated the di disruption eruption of the territory by depriving its citizens of every vest vestige ige of local self government go vern ment and who has from the commencement of his administration allied himself to the plotters against against the peace of the peo pie and has as persistently abused and insulted and maligned the majority in private in public documents and through the medium of ortho the press by the most atrocious falsehoods by attempted usurpations by insolent messages he be has bought sought to provoke a conflict between the tile people and the federal authority which he claims to represent and between the legislative and executive branches of the tile local government during the present session he lie has vetoed twenty bills sent to him for signature and Shir thirteen teen bills he haa has contemptuously ignored the ex auses offered where any have been given have been in most instances of the flimsiest character and in no case have contained vital objections or reasons that raised a pertinent issue every one of those measures would have been beneficial to the whole people veople of utah and while framed in response t to 0 the wishes of our constituents were in harmony with the constitution and laws of the united states among tile most important of these measures were bills forthe for the following purposes to allow bail ball as a right in cases of appeal from the lower courts to the higher c except x capt in capital offenses to provide f for 0 r an ins in creased jury list and the payment of jurors to regulate the legislative apportionment portion ment of ortho the territory for the support of lie the deseret university creating a territorial board for the equalization of taxes for the tile support of the territorial insane asylum prescribing the qualifications of electors and anti officeholders office holders appropriating funds for territorial expenses etc c the bill allowing baliwas ball was necessary to the ends of justice for it is a farce to grant the right of appeal and then inflict the punishment appealed from whilo the appeal is pending the bill increasing the jury hat list was re required aired because the poland law provides vijes for only two hundred jurors for each year and these have been found insufficient necessitating a resort to the open venire system which haa has been so shamefully abused that juries have been packed with persons chos en intentionally from tho the enemies of defendants the bill followed strict ly the provisions of the poland law in the manner of selecting the jurors but increased the number so as to meet every possible requirement without re recourse courso to the open venire it also provided for the payment of jurors and witnesses and the veto vito not only continues the system by which the ile juries may be packed but deprives jurors who arc are compelled to serve of any pay for the their r services for the tile ensuing two years yeam the bill apportioning tion ilig the legislative representation of the territory was framed in accordance with the tile following recommendation men dation of the governor 1 I recommend that the districts be so 80 constructed tha teach shall have a voice without being oyer borno by a larger neighbor which may bo be com bained with it aa as now at the last session of the legislature he lie vetoed a bill drawn up at his suggestion but stated that if the leg ielo islo ture would pass an act apportioning the territory into twelve council districts and twenty four representative districts on the base of one councilor to ever every and one representative to every of population he lie would be pleased to approve i it the bill was passed exactly in the form ho lie proposed but he neither signed nor approved it nor men tinned it further so a natural death the bill wo we have bave passed gassed is strictly in conformity with his ex wishes but be he has refused to append his signature I 1 would refer the co commit minitte tea a to this bill which is to be found on page eighteen of this document wis mis doc no and ask if a fairer bill can poll possibly ably be drawn than this apportioning 11 zing the legislative representation I 1 lain am thoroughly conversant with that for I 1 made an official map of it a few years since and I 1 aoi am ac quainter quain ted teI with every locality to which reference ie is made I 1 know that this bill was framed upon the basis of local representation and that the different election precincts were so arranged as to give as nearly as could be to each locality a voice in III the choice of me members ibbers of the tile legislature it was framed in exact accordance will with tho governors wishes but he lie did not sign it and why simply for una this rea reason soi lie ile wished to obstruct all needed legislation in utah and thereby influence legislation be foro fore this congress ho he desired to impress upon congress the fact that the tile legislative executive and judicial authorities of the territory could not harmonize and that it was therefore necessary for congress to pass additional dit ional laws he ile vetoed some twenty of the tile more important bills of the ses sjon and contemptuously ignored somo some fifteen more inore you will find among them not only this bill pro vidI for the legislative apportionment buta but a bill which met the r requirements e quire ments of the edmunds law in relation to the I 1 utah commission tho governor af of utah territory 1 1 I 1 1 I 1 1 I 1 I 1 1 I 1 always had the absolute veto P power 0 and has always been a n non 0 31 mormon O r axce except pt in one solitary instance when brig am young was governor the chairman when was that sir mr west when the territory was fi first rat org organized ionized the chairman when was that before 1855 erwest mr west yes sir air they have been non mormons cormons and have had the absolute veto power the governor can nullify igwe the voice voice of the entire people no legislation can become law law without his consent and when this gentleman pent leman stands before this committee and assails the legislation of the territory of utah he is assailing the governors of the territory of utah by whom those laws have been signed mr baskin that is what I 1 do mr west he is assailing the non mormon governors be he is assailing the congress of the united states to whom those laws have been regularly submitted and who have never ex capt in a very few instances dil disapproved ap of any of them the local legislation providing for the legislative representation andio and do ing away with the utah commission it would seem from the provisions of this bill cannot now be trusted to the governor and why because they are afraid that the governor and legislative assembly might be able to come to a unity of understanding and harmony of action on this point they are afraid that we ave might pass a law that would satisfactorily and equitably provide for the legislative representation and avoid any further necessia necessity essit for the useless and expensive butak utah commission therefore they desire to take this power away from the legislature where it rightfully belongs and give it to the governor the secretary of the territory and the three district judges who represent the non mormon element I 1 ask you if that is fair or consistent si stent I 1 am an Patla fled that so far as that law I 1 is s concerned and so far as the tile other laws are concerned to which the legislative memorial reffie that the present governor who is ap appointed by the administration will be able to meet deet the legislative assembly and they him I 1 am satisfied that he lie and the legislature can arrange this matter of legislative apportionment portion ment to the entire satisfaction of all the people in the territory Teni tory of utah eave save those clamoring to bring that people into complete bondage and serfdom furthermore if the legislative and executive power agree upon a bill that ought to be sufficient instead of saying it shall not take effect until approved by congress as provided inthis bill what is the evident object of the anti mor mon faction in desiring such a measure as this when the governor has the absolute veto power I 1 will tell you they want n double opportunity to defeat all wholesome legislation upon these questions one with the governor and failing then another with congress should the governor dare tiara t to aien aign agn such armeasure of this kind with without ut their sanction pursuing their accustomed methods they he y would world assail him through their loc local 1 press call him aja a jack 1 ck mormon sa say y that ho lie waa was bought by tile th mormon church and transfer the war to washington where such arguments are sometimes made quite effective and where might be delayed session after session the tile fairest and best leg isolation that could be |