The House yesterday passed the Senate anti polygamy bill, and the great curse that has for so many years disgraced Utah, is to be swept away. The bill is so short, sharp and effective that we insert it in our ed-itorial columns. It is sufficiently pointed to need no particular comment. Some of the Republican journals assail the Dem-ocracy because a few Representatives in Congress yesterday, believing the bill to be unconstitutional opposed it on that ground. The bill is as follows:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress Assembled, That section 5,352 of the Revised Statutes of the United States be, and the same is hereby amended so as to read as follows, namely: “Every person who has a husband or wife living, who, in a Territory or other place over which the United States have exclusive ju-risdiction, hereafter marries another, whether married or single, and any man who hereafter simultaneously, or on the same day, marries more than one woman, in a Territory or other place over which the United States have exclusive jurisdiction, is guilty of polygamy, and shall be punished by a fine of not more than $500 and by imprisonment for a term of not more than five years; but this section shall not extend to any person by reason of any former marriage, whose husband or wife by such marriage shall have been absent for live successive years and is not known to such person to be living and is be-lieved by such person to dead; nor to any per-son by reason of any former marriage which shall have been dissolved by a valid decree of a com-petent court; nor to any person by reason of any former marriage which shall have been pro-nounced void by a valid decree of a competent court on the grounds of nullity of the marriage contract.
SEC. 2. That the foregoing provisions shall not aff-ect the prosecution or punishment of any of-fense already cummitted against the section amended by the first section of this act.
SEC. 3. That if any male person in a Territory or other place over which the United States have exclusive jurisdiction, hereafter cohabits with more than one woman, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $300 or by imprisonment for not more than six months, or by both said punishments, in the dis-cretion of the Court.
SEC 4. That counts for any or all of the of-fenses named in sections one and two of this act may be joined in the same information or indict-ment.
SEC. 5. That in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, it shall be sufficient cause of challenge to any person drawn or sum-moned as a juryman or talesman, first, that he is or has been living in the practice of bigamy polygamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offense punishable by either of the foregoing sections, or by section 5,352 of the Revised Statutes of the United States or the act of July 1, 1862, entitled: "An act to punish and prevent the practice of polygamy in the territories of the United States and other places, and disapproving and annulling certain acts of the Legislative Assembly of the Territory of Utah;" or, second, that he believes it right for a man to have more than one living and undi-vorced wife at the same time, or to live in the practice of cohabiting with more than one wo-man; and any person appearing or offered as a juror or talesman and challenged on either of the foregoing grounds, may be questioned on his oath as to the existence of any such cause of challenge and other evidence may be introduced bearing upon the question raised by such chal-lenge; and this question shall be tried by the court. But as to the first ground of challenge, before mentioned, the person challenged shall not be bound to answer if he shall say upon his oath that he declines on the ground that his answer may tend to criminate himself, and if he shall answer as to said first ground his answer shall not be given in evidence in any criminal prosecution against him for any offense named in sections 1 or 3 of this act, but if he declines to answer on any ground he shall be rejected as in-competent.
SEC. 6. That the President is hereby autho-rized to grant amnesty to such classes of offend-ers guilty of bigamy, polygamy, or unlawful cohabitation before the passage of this act, on such conditions and under such limitations as he shall think proper; but no such amnesty shall have effect unless the conditions thereof shall be complied with.
SEC. 7. That the issue of bigamous or polyg-amous marriages, known as Mormon marriages, in cases of which such marriages, have been solemnized according to the ceremonies of the Mormon sect in each Territory of the United States, and such issue shall have been born before the 1st day of January, 1883, are hereby legitimated.
Sec. 8. That no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of these persons described as aforesaid in this section, in any Territory or other place over which the United States have exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eligible for election or apppointment to or be entitled to hold any office or place of public trust, honor, or emolument in, under, or for any such Territory or place, or under the United States.
SEC. 9. That all the registration and election offices of every description in the Territory of Utah are hereby declared vacant, and each and every duty relative to the registration of voters, the conduct of elections, the receiving or rejec-tion of votes, and the canvassing and returning of the same, and the issuing of certificates or other evidence of election in said Territory, shall, until other provision be made by the Legislative Assembly of said Territory, as is hereinafter by this section provided, be perform-ed under the existing laws of the United States and of said Territory by proper persons, who shall be appointed to execute such offices and perform such duties by a board of five persons to be appointed by the President, by and with the advice and consent of the Senate, not more of whom than three shall be members of one po-litical party, and a majority of whom shall be a quorum. The members of said board so appoint-ed by the President shall each receive a salary at the rate of $3,000 per annum and shall continue in office until the Legislative Assembly of said Territory shall make provision for filling said offices as herein authorized. The Secretary of the Territory shall be the Secretary of the said board, and keep a journal of its proceedings, and attest the action of said board under this section. The canvass and return of all the votes at elections in said Terri-tory for members of the Legislative Assembly thereof shall also be returned to said board, which shall canvass all such returns and issue certificates of election to those persons who, be-ing eligible for such election, shall appear to have been lawfully elected, which certificates shall be the only euidence of the right of such persons to sit in such Assembly, provided that said board of five persons shall not exclude any person otherwise eligible to vote, from the polls on ac-count of any opinion such person may entertain on the subject of bigamy and polygamy; nor shall they refuse to count any such vote on ac-count of the opinion of the person casting it on the subject of bigamy or polygamy. But each house of such Assembly, after its organization shall have power to decide upon the elections and qualifications of its members, and at or after the first meeting of said Legislative Assembly, whose members shall have been elected and re-turned according to the provisions of this act, said Legislative Assembly may make such laws, conformable to the organic act of said Terri-tory and not inconsistent with other laws of the United States, as it shall deem proper concern-ing the filling of the offices in said Territory declared vacant by this act.
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