persons as have entered into polygamy. Under the Utah law the registry list continues from year to year, only a revision is made by the registrar; therefore, unless he is disposed to give full force and effect to the provision of the law which disfranchises polygamists, this vital principal of the law may be utterly disregarded.

LEGISLATIVE APPORTIONMENT.

Under the act of March 3, 1887, the governor, Utah Commission, and the secretary of the Territory were appointed a board to reapportion the Territory for legislative representation. The board met and organized, and, after careful consideration, reapportioned the Territory into twenty-four representative and twelve council districts, and under which the present legislative assembly was elected.

RECOMMENDATIONS.

The Commission was first organized in the summer of 1882. Its first duty was to adjust the local laws to the act of Congress, and to provide the necessary rules and regulations for conducting he registration and the elections. Under its supervision a new registration was made in 1882 and again in 1887, under the Edmunds-Tucker act.

Annual revisions were also made in 1883, 1884, 1885, and 1886. No person living in the practice of polygamy was allowed to register or to vote, and we believe that in this respect the purpose of the law has been thoroughly and effectually accomplished. The total registration in 1882 was 33,266; in 1883, 37,062; in 1884, 41,858; in 1885, 43,646; in 1886, 45,375. The registration of 1887, under the operation of the test oath, was 20,790. The elimination of the female vote will largely account for the difference, and there was a considerable percentage of voters who refused to take the oath prescribed by the act. Of these the larger proportion were probably non-Mormons.

The Commission in its previous reports, made since 1882, has made the following recommendations, which, in its opinion, were needed to give force and effect to the provisions of the law under which it was created:

1. The enactment of a marriage law.

2. Making the first, or legal, wife a competent witness in prosecutions for polygamy.

3. Restoring to the first or legal wife the right of dower as at common law, or other interest in the real estate, as provided in the statutes of many of the States.

4. That provision be made for a fund, to be furnished by the Department of Justice to the proper legal authorities in the Territory.

5. The conferring upon the United States commissioners concurrent jurisdiction with the justices of the peace in civil and criminal matters. 6. The appointment of the Territorial auditor, treasurer, commissioners to locate university lands, of the probate judges, county clerks, county selectmen, county assessors and collectors, and county superintendents of district schools, by the governor of the Territory, subject to confir mation by the Commission.

7. Authorizing the selection of jurors by open venire, especially in cases prosecuted by the United States.

8. Giving to the district courts jurisdiction of all cases of polygamy wherever in the Territory the crime may have been committed.

9. That the Territorial courts in United States cases be invested with a power coextensive with that possessed by the United States circuit and district courts in the States, in the matter of contempt and the punishment thereof.

10. That prosecutions for polygamy be exempted from the operation of the general limitation laws.

11. Authorizing the process of subpoena in all cases prosecuted by the United States, to run from the Territorial courts into any other district of the United States.

12. That provision be made for binding over witnesses on the part of the Government in all United States cases to appear and testify at the trial.

13. That when a continuance is granted upon motion of the defendant, provision should be made for taking deposition of witnesses on the part of the Government, the defendant to be confronted with the witness and to cross-examine. The deposition to be used in case of death, absence from the Territory, or of the concealment of witness so as to elude process of subpoena.

14. That it be made a penal offense for any woman to enter into the marriage relation with a man knowing him to have a wife living and undivorced. This should be coupled with a provision that in cases where the polygamous wife is called as a witness in any prosecution for polygamy against her husband, her testimony could not be used in any future prosecution against her, with a like provision as to the husband. 15. 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.

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

17. 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 teaches and justifies the crime of polygamy, as this would cut off the chief source of supply to the Mormon church.

18. A suggestion in favor of a constitutional amendment prohibiting polygamy.

Of these recommendations the 1, 2, 3, 5, and 12 have received the approval of Congress and are now part of the statute law.

We again respectfully recommend to the attention of Congress all of the above recommendations which have not yet received its approval. The Commission recommends as a measure of great importance the passage of a law conferring upon the governor of the Territory the authority to appoint the following county officers: Selectmen, clerks, assessors, recorders, and superintendents of district schools. This will place the control of county affairs, including the assessment of property (but not the collection of revenue) and the supervision of the public schools, in the hands of persons in sympathy with the efforts of the Government to extirpate polygamy. It will also strengthen the ele

ment in the different counties which is disposed to assist the Federal officers in their efforts to enforce and execute the laws.. We also recommend the passage of an act creating a board, to consist of the governor, Utah Commission, and Territorial secretary, to apportion Salt Lake City into aldermanic and council districts. Under the present law these officers are elected on a common ticket, thus denying the principle of precinct or ward representation which obtains in other towns and cities. The non-Mormon citizens of the Territory, acting through their political organizations, Democratic, Republican, and Liberal, have repeatedly given expression to the opinion that the solution of the Mormon problem will be speedily and effectually accomplished by creating a legislative commission, to be appointed by the President and to be confirmed by the Senate. In support of their position they urge the following reasons: That a republican form of government has no existence in Utah, the church being supreme over all; that until the political power of the Mormon church is destroyed, the majority will not yield a full obedience to the laws, and only by providing a new code of laws can they be compelled to do so; that common prudence suggests there should be no delay in taking from the Mormon church the power to control in political matters; that this object can best be accomplished by providing an agency which is in accord with the purposes and will of the National Government; that the legislative assembly of the Territory has always been the creature of the church, and during its thirtysix years of existence has made a record which is impressive by its silence with respect to the passage of such laws as the Government had the right to expect; that such an agency would relieve Congress from the consideration of the affairs of Utah; that Congress having the right to legislate directly for the Territories, which right has been affirmed by the Supreme Court, ought to, in consideration of the extraordinary condition of affairs in the Territory, follow the precedents established in the case of Louisiana and of Florida, and grant a commission; that such action will result in bringing Utah into harmony with the other States and Territories of the Union.

In conclusion we respectfully submit that in our opinion the results. which have followed from the passage of the Edmunds act have been very beneficial to the Territory. It has provided a fair, honest, and orderly system of elections, and it is universally conceded by Mormon and non-Mormon that there has been no charge nor even rumor of fraud in connection with the registration of voters and the conduct of elections since the Commission first commenced its work.

Very respectfully,

G. L. GODFREY.
A. B. WILLIAMS.

Hon. L. Q. C. LAMAR,

Secretary of the Interior.

ARTHUR L. THOMAS.

SAINT LOUIS, Mo., September 30, 1887.

Commissioners Carlton and McClernand, dissenting to many of the views set forth above, do not sign this report.

APPENDIX.

Resolutions adopted at the general Conference of the Methodist Church of Utah, held at Mount Pleasant, Utah, August 8, 1887.

STATE OF AFFAIRS IN UTAH.

Each year develops new features in this field, which call for intense watchfulness on the part of all who are loyal to the nation and its laws, and to the advancement of our Christian civilization in this Territory, and which demand the outspoken sentiments and efforts of all Christian organizations in meeting the spirit of antichrist reigning here.

We therefore take as the keynote of our work the words of the psalmist, "They that love the Lord hate evil."

We declare in favor of a rigorous enforcement of the laws, and the prosecution of all offenders as necessary to the eradication of the evils dominant here.

We enter our unqualified protest against the efforts now being made by the Mormons to secure statehood for Utah, believing the proposed constitution to be a well devised instrument to blind the people of this nation to the real object in view, viz: The perpetuation of the evil itself.

This constitution was framed by a convention of delegates appointed by mass meetings composed exclusively of Mormons. All the delegates were Mormons, and their action was entirely without the sanction or co operation of the non-Mormon part of our population, and therefore was not in harmony with our republican ideals of representative action.

It being true that the Mormon community still hold to the divinity of polygamy, and also still claim that all laws enacted by Congress for its suppression are unconstitutional; we, therefore, insist that the action to secure statehood is inconsistent, and should be met by a strong and united opposition of the people of the United States through their representatives in the national Congress. We urge upon our churches in the east to raise their voices against this new feature of Mormon duplicity.

Appeal to Presbyterian Church, from the Presbytery of Utah, in session at Manti, August 28, 1887.

Affairs have reached a crisis in Utah. After years of defiance and determined evasion of the laws, a very plausible policy has been adopted by the Mormon leaders. A constitutional convention has been called, a constitution has been framed and submitted to the Mormon people and adopted by them. In this constitution is a clause making polygamy a crime, to be punished by fine and imprisonment.

This is the pretext by which they hope to deceive Congress, and to gain admission as a State. Professing to give up this objectionable feature of their religion, viz: polygamy, they now ask for statehood.

We call attention to the following facts, which will fully indicate the purpose of

such action:

(1) The so-called revelation on polygamy stands yet unrepealed by any authority from the church; it is therefore as binding as ever upon the whole Mormon people. (2) Up to the very meeting of this constitutional convention, men brought before the courts refused to obey the laws against polygamy, and are yet being arrested for the same crime, and yet refusing to obey.

(3) Up to the present day any Mormon who promises to obey the laws against polygamy is considered a traitor to his religion, and is treated as such.

(4) This movement for statehood is altogether a Mormon movement. The Gentiles have taken no part in it, and are now a unit against it.

(5) The Mormon people are as firm believers in polygamy to-day as they ever have been, and they have no disposition to give it up; but, through a strange policy recently adopted, they have made the sacred tenet of their religion a crime, whilst yet believing in its divine origin.

In view of these facts we, in common with other loyal citizens of Utah, do most earnestly protest against this whole movement, for the following reasons:

(1) Because there is no sincerity in it. It is a fact well known to us who are here, and admitted to be such by many Mormons, that the real intention is not to abolish polygamy, but to obtain statehood, get entire control of affairs in Utah, and thus defeat the execution of the laws; for with Mormon judges, officers, and jurors no law against polygamy would be enforced. Hence, this constitutional clause against polygamy is only a blind.

(2) Because it would leave the power of the priesthood untouched. The twentyfive thousand men to whom absolute obedience is pledged on the part of the people would only be intrenched in their present stronghold.

(3) Because it would be a death-blow aimed at our American homes; it would check our Christian work, and give up forever this entire Territory to Mormon rule and policy.

(4) Because the whole scheme means treason against the Government and its laws. We therefore call upon ministers and members of the Presbyterian church, North and South, to raise their voices in protest against this religio-political chicanery.