REPORT OF THE UTAH COMMISSION TO THE SECRETARY OF THE INTERIOR. 8519 το 1888. WASHINGTON: GOVERNMENT PRINTING OFFICE. REPORT OF THE UTAH COMMISSION. CHICAGO, ILL., September 24, 1888. SIR: Preliminary to submitting our report for the present year we deem it proper to note the following reference to the majority report of 1887: We then made a very full report, the most important features of which may be enumerated as follows: (1) The Territory and its people; (2) the existing social and political conditions; (3) the all-important question, statehood. We also stated our conclusions with respect to these matters, and submitted for the consideration of Congress such recommendations for further legislation as we believed the clearest experience had shown to be proper and needful. Upon the question of statehood we said: The Commission is of the opinion that Utah should not be admitted to the Union until such time as the Mormon people shall manifest by their future acts that they have abandoned polygamy in good faith, and not then until an amendment shall have been made to the Constitution of the United States prohibiting the practice of polygamy. This opinion was based upon a due regard for the best interests of the Government and the people, and was reached after careful consideration. For more that twenty-five years an issue had been maintained between assumed revelations commanding the practice of polygamy and the national laws forbidding it. During this time the leaders of the Mormon Church, who controlled the Territory, made no concession to the supremacy of the laws, and it was not until after their effective enforcement by the officers of the Government that some way of escape was determined upon from the toils which had been wound around them, and that way was by means of statehood. The convention which adopted the proposed constitution was held without authority from any proper source, and the proposition made to the Government, in substance, was: "Admit Utah to the Union and we will adopt a constitution making bigamy and polygamy misdemeanors." In other words, "Take from the Government the control which it now holds and exercises over the evil of polygamy, and place it in the hands of those who have persistently defended its practice." This proposition was made despite the fact that up to the close of the day which preceded the adoption of the proposed constitution there had not been given the slightest evidence in the press, the pulpit (which is supreme with the Mormon people), or by any act of the Mormon people, that any one had changed his views or intentions with respect to polygamy and its practice. The crime of polygamy is complete with the performance of the mar riage ceremony. But a great evil resulting from such marriage consists in unlawful cohabitation, the pernicious moral example of one man living with two or more women as wives under the plea of performing a religious duty. The proposed constitution is silent with respect to this offense. The full importance of this omission will be better understood by the statement that during the twenty-seven years and over the antipolygamy laws have been in force but few persons have been convicted for the crime of entering into polygamy, the evidence of such marriages being studiously concealed. The Commission was therefore of the opinion that, before the people of Utah Territory had passed beyond the wholesome restraints of the national laws into the sovereign domain of statehood, they should at least manifest by their acts that the new departure was taken in good faith; that there was in truth a complete emancipation from the errors of the past. This conclusion seemed to us to be supported by the principles both of justice and policy; justice-for the Government has the right to, and should know before it yields its authority that the senti ment of the country as expressed in its legislation respecting polygamy, in all its breadth and depth, has been accepted by the Mormon people; policy-because the Government can not afford to assume any risk in its treatment of the evil of polygamy-can not afford to surrender the great advantage which it now holds, and which has been secured at so much expense and trouble. Further, there can be no harm result from delay in the admission of the Territory to the Union of States. If, in truth, polygamy has departed, as is now claimed, such action should be taken as will forever prevent its return. POLITICAL ACTION AFFECTING STATEHOOD. The Committee on Territories of the United States Senate, to whom was referred the memorial from the constitutional convention asking for the admission of Utah to the Union, unanimously reported that there must be undoubted evidence on the part of the Mormon people of the abandonment of polygamy before the Territory could be admitted as a State. The Committee on Territories in the House of Representatives, to whom was also referred a memorial for the admission of Utah, responded by reporting a proposed amendment to the Constitution of the United States to prohibit the practice of polygamy, thus indicating an opinion that Utah should not be admitted under present conditions. The Democratic and Republican parties of the Territory of Utah, in their Territorial conventions, since held, unanimously opposed statehood, and indorsed the position taken by the Commission inits majority report. In the light of these facts and of the action taken by the Mormon people, the church, and the legislature, referred to more fully elsewhere in this report, the Commission has only to say that it re-affirms its former position respecting statehood. MINORITY REPRESENTATION. Commenting upon certain political methods which prevailed in the Territory, the majority report called attention to the fact of the minor ity being denied representation in the board of regents of the Deseret University and in the boards controlling other public institutions, and that in Salt Lake City the right of precinct or district representation was denied. We are gratified to be able to report that the legislative assembly, at its session held since said report was made, wisely and justly accorded the minority representation in the control of the public institutions, and provided for local representation in Salt Lake and other cities. At the municipal election held in Salt Lake City, in February last, the Gentile and Mormon business men combined on a fusion ticket for aldermen and councilmen in the proportion for the whole ticket of eleven in four in favor of the Mormons. The Mormon or People's party indorsed the fusion. The Gentiles present at a meeting called for that purpose also indorsed the fusion. Subsequently it appeared that a large majority of the Gentiles disapproved of the fusion, and their opposition led to the naming of a straight Gentile ticket. The fusion ticket was elected by several hundred majority, though the opposition ticket polled quite a large vote. The motive which prompted the fusion was a strong desire on the part of leading citizens, Gentile and Mormon, to elect a city council which would promote the best interests of the city. How far these expectations will be realized the future alone can determine. FORMER RECOMMENDATIONS. The majority also said: "The Commission recommends as a measure of great importance the passage of a law conferring upon the governor of the Territory the power to appoint the following county officers: Selectmen, clerks, assessors, recorders, and superintendents of public schools. In making this recommendation the Commission was controlled by the following considerations: The judge of probate (now appointed by the President), with the selectmen, comprise the county court, and as such have general supervision over the county officers and the affairs of the county. They also have power to divide the county into school, road, and other districts required by law; may cre ate, change, or abolish election precincts; may lay out and maintain public roads, etc. One of the most important duties is the appointment of two persons, who, with the county superintendant of public schools, form a board to hold examinations and judge of the qualifications of persons applying for positions as school-teachers, and issue certificates, without which no person is eligible for employment as such teacher. They also sit as a board of equalization, and are empowered, under an act of the last legislature, to fill by appointment all vacancies which may occur in county, district, and precinct offices. The county superintendent of schools has general supervision over the public schools and is required to visit the different districts, examine the accounts of the trustees, make annual reports, etc. The duties of the recorder and assessor are well known and do not require to be stated. One of the obstacles to the enforcement of the anti-polygamy laws is the presence of a majority having exclusive occupancy of a large part of the Territory who have hitherto declared that they do not believe these laws to be constitutional and morally just. It is true there have been some desertions from their ranks. The commission has learned, however, from years of experience in the appointment of its registration and election officers that there are many instances where persons who have withdrawn from the majority have sought homes in some other |