Commission for more full and complete instruction in regard to the terms of the circular, which was fully explained to them, and received the promise of their entire concurrence and hearty support, and the Commission believes that the registration lists prepared by them will be purged as far as the law will permit.

The Commission in previous reports has made certain recommendations which were, in its opinion, necessary and proper to give force and effect to the provisions of the law under which it was created and which had not yet been enacted into law.

These may be summarized as follows:

(1) In regard to the courts. The conferring upon the district courts jurisdiction of all polygamous and sexual offenses without regard to the place in the Territory where committed; investing them with power co-extensive with that possessed by the United States circuit and district courts in the States in the matter of contempt and the punishment thereof; authorizing the process of subpoena to run from the Territorial courts into any other district of the United States; authorizing the selection of jurors by open venire; providing that when continuance is granted on motion of defendant, depositions of witnesses on the part of the prosecution may be taken on notice and used in case the witness be dead, absent from the Territory, or so concealed as to elude the service of subpoena, and that a sufficient fund to enable the prosecuting officers to efficiently perform their duties and enforce the laws be furnished by the Department of Justice to the proper law officers of the Territory.

(2) That prosecutions for polygamy and bigamy be exempted from the operation of the general statute of limitations.

(3) That the term of imprisonment for unlawful cohabitation, fixed by section 2 of the act of 1882, be extended to at least two years for the first and three years for the second offense. The Commission adds to this the recommendation that the term of imprisonment for polygamy, bigamy, and unlawful cohabitation be extended, and that hard labor be added to the punishment.

(4) That it be made a penal offense for any woman to enter into the marriage relation with any man, knowing him to have a wife living, undivorced, coupled, however, with the provision that in cases where a polygamous wife is called as a witness against the husband, her testi. mony could not be used in any future prosecution against her, and a like provision as to the husband.

(5) The appointment of the Territorial auditor, treasurer, commissioners to locate university lands, probate judges, county clerks, selectmen, assessors and collectors, recorders and superintendents of district schools, by the governor, subject to confirmation by the Commission.

(6) That all persons be excluded by law from making a location and settlement upon any of the public lands who shall refuse on demand to take and subscribe an oath, before a proper officer of the land office in which his or her application is made, that he or she does not cohabit with more than one man or one woman, as the case may be, in the marriage relation, and that he or she will obey the laws of the United States in relation to polygamy and bigamy.

(7) That the laws with reference to the immigration of Chinese, and the importation of contract laborers, paupers, and criminals be so amended as to prevent the immigration of persons claiming that their religion justifies the crime of polygamy.

(8) A Constitutional amendment forever prohibiting polygamy. (9) The enactment of a law creating a board to consist of the gov

ernor, Utah Commission, and the secretary of the Territory, to apportion Salt Lake City into aldermanic and councilmanic districts.

The Commission respectfully recommends all these propositions to the attention of Congress, and in addition makes the following recommendations:

(10) Authorizing this commission, in its discretion, to cause to be made annually a new registration instead of revisions of former lists, and to make and enforce rules and regulations not inconsistent with the laws of the United States for the conduct of registrations and elections.

(11) That Congress pass laws for the government and conduct of public schools in the Territory of Utah.

(12) That as soon as the result of the census of 1890 is known, there be created a board consisting of the governor, Utah Commission, and secretary of the Territory with power to redistrict the Territory for legislative purposes.

Some of these propositions are of grave importance, and may provoke much discussion and adverse criticism. Those relating to the practice in the courts will be at once understood by our law-makers, and need no explanation.

The Commission asks power to make a new registration and to enforce rules and regulations regarding the conduct of registrations and elections, not from any desire to increase its duties and responsibilities, but because it believes new registrations to be simpler and better than revisions, and that better results would come from a judicious exercise of such powers if conferred. Under the present laws of Congress it can only recommend a course of action to its registration officers and judges of election, and has a dual set of laws to govern its own actions, the laws of Congress, and the laws of the Territory, and the latter are not always free from questions of doubtful construction, and sometimes stand in the way of beneficial reforms, neither provided for nor inhibited by Congress, but within the spirit and purport of its expressed or known intentions.

In regard to a law establishing and regulating the management of free schools, the Commission is not of the opinion that the legislature of Utah, as likely to be constituted for some time to come, can be expected or trusted to establish a system of free schools in sympathy with the enlightenment of the age, or free from the teachings of polygamy and so-called revelations, and therefore recommend that Congress assume the duty of providing for the education and enlightenment of the youth of the Territory.

The Commission believes the limitation on prosecutions for polygamy and bigamy should be extended, among other reasons, because, under the peculiar missionary service of the church it is easy for one to enter polygamy, go on a mission for three years, and return to assume his polygamous relations, defying the authorities to punish him for the main offense, and be in danger only of prosecution for the lesser offense of unlawful cohabitation. The term of imprisonment for this offense should be increased to meet this state of affairs, and sentence of hard labor should be added, that their confinement may not be spent in idleness and glorification of their supposed martyrdom.

The Commission has no doubt that punishment of the woman for voluntarily entering the polygamous relation would do much to lessen her zeal for the peculiar institution, and thus tend to remove one of its strongest bulwarks.

It recommends the granting to the governor the power to appoint the officers named, because

(1) He is more nearly than any other the representative of the power and majesty of the Government among the people of the Territory, and granting powers to him which will bring him more and more into direct contact with them would tend to increase their respect for the National Government, an element almost unknown among them.

(2) Because residing among them, he can better judge of the necessities of the case and of the qualifications of the officers to be appointed than would be possible if the appointing power should be vested in the President.

(3) Because such power would take the control of Utah affairs out of the hands of officers who are chosen, not by a free selection of the people, but whose nomination is made by "counsel" from the priesthood, and whose election is a mere form, and place it in the hands of men who represent civilized ideas, are in sympathy with the efforts of Congress to suppress polygamy, and will assist the officers of the Goverument in the work of enforcing the laws, instead of using all the influence and moral support of their positions to nullify the laws, prevent their execution, and shield offenders, as is now the rule and practice.

In regard to the proposed amendment of the immigration laws and the restriction upon the location of public lands the Commission respectfully submits, that while we forbid the immigration of the nonproselyting, peace-loving, docile Chinaman, because we fear a future. danger from his coming, while we forbid the landing on our shores of contract laborers, because they cheapen wages of American-born citizens, and paupers, because they may become a burden, there is far greater reason for closing our doors as a nation, and forbidding citizenship to the hordes who are brought here to swell the ranks of an organized body, which teaches them in advance to hate the Government of the United States, denominates its executive, law-makers, judges, and prosecutors as persecutors, and instills into every mind the constant teaching that their pretended revelations are more binding than the highest and best laws of the land, and that resistance to such laws is a virtue and a rendering of obedience to God. How far short of treason these teachings are we leave those who can to answer. By cutting off this importation of generally ignorant and fanatical classes, many of whom neither speak nor care to learn our language, and to say the least are not in sympathy with the institutions or the laws of our country, the principal source of the growth of this conspiracy against what we hold as best and dearest in American civilization would be materially diminished, and the spread of this relic of Oriental barbarism to that extent averted.

The Commission would further suggest, for the careful consideration of Congress, the propriety and expediency of enacting laws providing for the disfranchisement of such persons who may not themselves be guilty of crimes forbidden by law, but who are or may become members of organizations or societies whose tenets and principles are inimical to the Constitution and laws of the country, and teach that the practice of certain criminal acts are virtues, and throws about its members who do practice such crimes the shield of the whole power of such organizations, morally, socially, and otherwise, and to debar them from the privileges of the homestead laws. The Commission does not strenuously urge such legislation at this time, partially because the Supreme Court has not yet passed upon the constitutionality and legality of such enactments.

The Commission yields to none in reverence for and earnest desire to protect from violation every provision of that instrument, sacred to every true American citizen as the palladium of his liberties and the great safeguard of the Republic, but it is not of the opinion that laws made to prevent crime, to prevent combinations and conspiracy against the State, and to punish persons who combine and conspire to commit crime can be called laws which interfere with religion, whether the persons who so combine and conspire call themselves by the name of the Church of Jesus Christ of Latter-Day Saints or by any other name, whether they pretend that their conspiracy is a religion or openly declare their object to be to commit crime.

Religious fanaticism even can not be allowed to commit crimes against the law or to teach others to do so, either by the acts of the individual or an organization composed of many individuals, whether they avow that they act voluntarily or under a pretended spiritual revelation.

The law aims at the crime against society, no matter by what name it is called, or in what guise it is perpetrated. The man who robs you in the guise of a Samaritan is no less a robber because of his disguise. It may not be considered out of place to mention the fact that similar views to those above expressed have received the sanction and approval of the supreme court of Idaho in deciding the appeal in the case of Dooley vs. Watkins et al., a case in which the principles involved in the suggestion of the Commission are ably discussed.

The Commission desires to commend the governor, the judges, and district attorney and assistants of the Territorial district courts, and the officers of the United States generally for Utah, for the intelligent, zealous, and faithful manner in which they have performed their difficult and sometimes arduous and distasteful duties in enforcing the laws of Congress, and for the willing and efficient aid they have given the Commission upon all occasions. The utmost harmony exists among all the Government officials in the Territory, so far as is known to the Commission.

In concluding, the Commission is of the opinion that in this matter the Government and Congress should take no backward or even wavering step, but should continue the active aud vigorous enforcement of the laws, and the improvement of them by the amendment of such as would be made more effective thereby, and by enacting such other laws as experience may show to be wise and more efficacious to accomplish the desired end, until not only the practice but the inculcation of crimes of this nature shall, as far as possible, be stamped out, and until a majority of the people shall abandon a pretended belief in doctrines which incite to treason against the state, which sap the foundations of society, and retard the growth of nineteenth-century civilization, and until they show that they can be trusted to make and enforce laws which forbid the practices elsewhere universally condemned.

Very respectfully submitted.

Hon. JOHN W. NOBLE,

G. L. GODFREY, Chairman.

A. B. WILLIAMS.

R. S. ROBERTSON.
ALVIN SAUNDERS.

Secretary of the Interior, Washington, D. C.

INT 89-VOL III-13

SEPARATE REPORT OF JOHN A. MCCLERNAND.

CHICAGO, ILL., September 23, 1889.

SIR: While I readily acknowledge the marked ability exhibited by my official associates in their majority report, and while I concur in parts of their report, yet, as I non-concur in its general animus, particularly in its treatment of the distinction between opinious and actions as subjects of legislative punishment, I have deemed it proper, with the leave of my associates, in order to a clear and consistent exposition of my views on the Mormon question, to offer this separate statement of them.

The Utah Commission was created by a law of Congress, approved by President Arthur, March 22, 1882, who, pursuant to its provisions, appointed five persons representing different political parties to constitute it. These persons were appointed from the States rather than from the Territory of Utah, presumably upon the ground that appointments from the States would be least likely to be influenced by the passions and prejudices which have so long disturbed the Territory. The example thus set by President Arthur has hitherto been followed. The only changes made in the personal of the Commission have resulted from appointments made to fill vacancies caused by death or resigna

tion.

There has been no instance of removal.

It is evident that the population of the Territory is steadily increas ing. As a confirmatory fact it may be stated that the registered voters

were:

In 1887.

In 1888.

In 1889.

19,720 24,925

31, 201

Since the date of the Commission's last annual report there have been, under the laws, 21 elections in the Territory. At these elections there were 362 persons elected; namely, 1 delegate to Congress, 3 commissioners to locate university lands, 36 members of the legislature, 78 county officers and 244 precinct officers. In connection with these elections the Commission appointed, under the law, 368 registrars of voters, 1,284 judges of elections, and a board for the canvassing of the returns of the elections, which was conducted either directly by the Commission or under its careful supervision. The elections in the two principal cities, Salt Lake and Ogden, showed by their returns a shifted majority in favor of the non-Mormons.

Indulging some general reflections upon the divine economy as affecting the relations of the sexes, I would premise that that economy authoritatively teaches and exemplifies the virtue of order and uniformity, the foundation of the social relations and of civil government. In barmony with that economy, God originally created man and woman, and according to the biblical account, originally created but one man and one woman, Adam and Eve, sole companions of each other in wedlock.