Ty or if a female) I am native born, d or the wife, widow or daughter may be of a native born or naturalof the United States; and I do furan amma y swear (or affirm) that I am not a a polygamist, that I am not a vioaws of the United States prohibitor plygamy; that I do not live or with m re than one woman in the markin, nor does any relation exist beand any woman which has been enmatinned in violation of the said United States prohibiting bigamy or zy, and if a woman) that I am not the fa piygamist, nor have I entered into with any man in violation of the Caited States concerning polygamy

hed and sworn to before me, this day of - -, 1881.

Precinct.'

Enetration Officer, and at registration officer, or his deputies, fa 130 to said lists the names of all qualified ---such precinct whose names are not on pce their taking and subscribing to South; and the said registration offiL. Krike from said lists the names of said wac fail or refuse to take said oath, or we set or removed from the precinct, or are aded as voters under the Act of Conved March 22d A. D. 1882, entitled At Amend Section 5352 of the Revised of the United States, in Reference to and for Other Purposes;' Provided, action of any registration officer may ed and reversed by this commission, per showing: And provided, further, registration officer be unable to prostration list from the office of the the county, or if the same have been Served, the aid of cer and his depmake a new registry list in full of all of each precinct of the county, u. prorus of these rules.'

Board of Commissioners also, by ded for the appointment of and apThe time juizes of election for each elecatt said Territory. Lada nformation and belief, the plaint that the defendant E. D. Hoge, was pet repstration officer for the County of Azri Territory of Utah, and the Arthur Pratt, was appointed deputy er for the fourth election pref Salt Lake in said county, acepted the appointment, duly and respectively acted throughout the as such registration and deputy

than twenty-one years of age; that he has re-
sided continuously in the Territory of Utah for
more than eleven years, and resided continu-
ously in the fourth precinct of Salt Lake City
in said Territory for more than two years past;
that he has, for more than ten years prior to the
November election in 1882, lawfully exercised
the rights and enjoyed the privileges of the
elective franchise in said Territory, and has, for
more than ten years last past, owned taxable
property and been a taxpayer in said Territory;
and that his name was on the last registration
list of the voters of the second precinct, Ogden
City, Weber County Utah, made prior to the
second Monday of September, 1882.

'And the plaintiff alleges that he has not, since more than three years prior to March 22, 1882, married or entered into any marriage contract or relation with any woman, or in anywise violated the Act of Congress approved July 1, 1862, defining and providing for the punishment of bigamy in the Territories, and has resided continuously and openly in the counties of Weber and Salt Lake, Utah, for ten years last past, and has not violated any of the provisions of the Act of Congress approved March 22, 1882, entitled An Act to Amend Section 5352 of the Revised Statutes of the United States, in Reference to Bigamy, and for Other Purposes;' and that he has not, on or since the 22d day of March, 1882, cohabited with more than one woman, and has never been charged with or accused or convicted of bigamy or polygamy, or cohabiting with more than one woman, in any court or before any officer or tribunal.

And the plaintiff alleges that on the 13th day of September, 1882, he personally went before the defendant Arthur Pratt, then acting as deputy registration officer in and for the fourth precinct in Salt Lake City aforesaid, and signed and presented to said defendant, and offered to verify, and requested the said defendant to take and certify plaintiff's oath to the following affidavit, to wit:

Territory of Utah,

County of Salt Lake, 89:

I, Jesse J. Murphy, being first duly sworn, depose and say: I am over twenty-one years of age, and have continuously resided in the Territory of Utah for more than six months, to wit: for more than eleven years last past; I have resided in the fourth precinct of Salt Lake City more than six months next preceding the date hereof, and now reside therein; I am a male native born citizen of the United States of America, and a property owner and taxpayer in said Territory of Utah. I have, under the laws of the Territory of Utah, exercised the elective franchise in said Territory for more than ten stiff alleges that on the sec-years last past. I have not, within three years it of september, 1882, the defendant prior to the 22d day of March, 1882, or since, as deputy registration officer for having a wife living, married another, or anint in the City and County of other woman; and I have continuously and acing under the direction openly resided in the counties of Weber and anta commenced registering Salt Lake, in the Territory of Utah, for more precinct and making a regis- than three years prior to the 22d day of March, voters, and continued daily 1882, and I have not, on or since the 22d day of evening of Saturday of the March, 1882, having a wife living, married anthen the registration was closed. other, or simultaneously, or on the same day, pa mtađ alle zes that he is a native married more than one woman, or on or since Le. Unied States of America, and, said last named date married or entered into any ~ way of March, 1882, was more marriage contract or relation with any woman,

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offered to vote at said election, and tendered and offered to take the same affidavit; but the said judges refused to receive his vote, on the ground that he was not registered as a voter in said precinct.

or cohabited with more than one woman, or in
anywise violated the Act of Congress entitled
'An Act to Amend Section 5352 of the Revised
Statutes of the United States, in Reference to
Bigamy, and for Other Purposes,' approved
March 22d, 1882. My name is on the last reg- "And, on information and belief, the plaint-
istry list of voters of the second precinct, Ogden iff alleges that the defendants, and each of them,
City, Weber County Utah.
intending to wrongfully deprive the plaintiff
Jesse J. Murphy. of the elective franchise in said Territory.
'Subscribed and sworn to before me, this willfully and maliciously, by the acts and in
thirteenth day of September, A. D. 1882.' the manner aforesaid, refused the plaintiff
"And at the same time the plaintiff request- registration as a voter at the said registra
ed the said defendant Arthur Pratt, to put tion commenced on the second Monday of
plaintiff's name on the registry list of voters of September, 1882, and deprived the plaintiff
said precinct, and to register him as a voter of the right to vote at the election held in
therein. That the said defendant Arthur Pratt, said Territory on the 7th day of November,
acting under the directions of the other defend- 1882, and at all elections under said regis-
ants, willfully and maliciously refused to re-tration, whereby plaintiff has sustained
ceive said affidavit or to swear plaintiff thereto, damage to the amount of $1,200.
or to register him as a voter of said precinct,
but on the contrary willfully and maliciously
struck plaintiff's name off the list of registered
voters of said precinct, and left his name off
he list of voters of said precinct, made at said
gistration.

"Wherefore the plaintiff prays judgment against the defendants for the sum of $1,200 and costs of suit."

In the case in which Mary Ann M. Pratt is plaintiff and appellant the complaint is similar in all respects, except the allegations as to her qualifications as a voter, and the contents of the affidavit which she offered to the deputy registration officer. The averments as to her quali

That afterwards, before the close of said .egistration, and on the 14th day of September, 1882, the plaintiff presented a duplicate of said last named affidavit to the defendant E. D.fications are as follows: Hoge, then acting as county registration officer And the plaintiff alleges that she is a native for said County of Salt Lake, and informed him citizen of the United States of America, and of the ruling and action as aforesaid of the de- prior to the 22d day of March, 1882, was more fendant Arthur Pratt, and requested the de- than twenty-one years of age; that she has refendant E. D. Hoge to correct and reverse sided continuously in the Territory of Utah for said ruling, and to instruct the defendant Ar- more than thirty years, and resided continuousthur Pratt to swear plaintiff to said affidavit ly in the third precinct of Salt Lake City, in and register him as a voter, and the said de- said Territory, for more than two years last past; fendant E. D. Hoge willfully and malicicusly that she has, for more than five years prior to refused to correct or change said ruling and the November election in 1882, lawfully exeraction, and approved and affirmed the samcised the rights and enjoyed the privileges of "That on the 16th day of September, the elective franchise in said Territory, and has, the plaintiff presented to said Board of Co for more than five years last past, owned taxmissioners a duplicate of said last name aft-able property and been a taxpayer in said Terdavit and informed them of the action and rul- ritory, and that her name was on the last regising of the defendants Arthur Pratt and E. D. tration list of the voters of the third precinct, Hoge, and requested said board to reverse and made prior to the second Monday of September, correct said rulings and action, and to direct 1882. that plaintiff's oath to said affidavit be taken, And the plaintiff alleges that she is not, and and that he be registered as a voter of said pre- never has been, a bigamist or a polygamist; that cinct, and the said Board of Commissioners will-she is the widow of Orson Pratt, Sen., who died fully and maliciously refused to correct or prior to the 22d day of March, 1882, after a conchange said rulings, and affirmed and approved tinuous residence in said Territory of more than the same; and said last named ruling was made thirty years, and that since the death of her before the close of the registration in said pre- said husband she has not cohabited with any cinct, and when there was still time for plaint-man." iff to have registered before the close of the registration.

"And, on information and belief, the plaintiff alleges that the defendants all knew that, unless the plaintiff's name appeared on the registration list then being made of the voters of said precinct, his vote would not be received at the election to be held November 7, 1882, or at any election until after another registration of voters.

"That at an election held throughout the Territory of Utah on the 7th of November, 1882, for the election of a delegate for the Territory of Utah for the Forty-eighth Congress, the plaintiff went before the judges of election in said fourth precinct of the City of Salt Lake, in the County of Salt Lake, at the place where the votes in said precinct were being taken, and

50

The affidavit proposed by her contained the same allegations.

Alfred Randall and Mildred E. Randall, plaintiffs in another action, sue as husband and wife, in the right of the wife, for injury to her by reason of being deprived of her right to vote. The averments in the complaint as to her qualifications are as follows:

And the plaintiffs allege that the plaintiff Mildred E. Randall, is a native citizen of the United States of America, and prior to the 22d day of March, 1882, was more than twenty-one years of age; that she has resided continuously in the Territory of Utah for more than twenty years, and resided continuously in the second precinct of Salt Lake City, in said Territory, for more than two years last past; that she has, for more than ten years prior to the November election in 1882 lawfully exercised the rights

ved the privileges of the elective franTeritory, and has, for more than ~ar tas, owned taxable property and nid Territory; and that her in the last registration list of the voi precinct, made prior to the tar of September, 1882. thariffs allege that the plaintiff ndall, for more than three years en and is the wife of the plaintPanda, who is, and prior to March 24, a native born citizen of the UnitAmera; that she has not on or 24 12, cohabited with any bigaJamie, or with any man cohabiting In one woman; that she is not a amist, and never has been a mist, and has not in any way A of Congress entitled 'An Act 5352 of the Revised Statutes States, in Reference to Bigamy, ther Purposes,' approved March 22,

cause of action. These demurrers were sus-
tained, and the plaintiffs electing to abide by
their pleadings, judgment was rendered for the
defendants, which are now brought by appeals
for revision to this court.

The Act of March 22, 1882, is as follows:
"An Act to Amend Section Fifty-three hundred
and fifty-two of the Revised Statutes of the
United States in Reference to Bigamy, and
for Other Purposes.

"Be it enacted by the Senate and House of
Representatives of the United States of America
in Congress assembled, That section fifty-three
hundred and fifty-two 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 jurisdiction, 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 arit presented by her to the deputy over which the United States have exclusive r and rejected by him con- jurisdiction, is guilty of polygamy, and shall el cations. In all other re-be punished by a fine of not more than five hunit is similar to all the others.dred dollars and by imprisonment for a term of B. Can and Ellen C. Clawson also not more than five years; but this section shall 1 and wife, in the wife's right, not extend to any person by reason of any forthe sternents in the complaint as to her mer marriage whose husband or wife by such 2- are as follows: marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any for. mer marriage which shall have been dissolved by a valid decree of a competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract.

Fit is allege that the plaintiff ason is a native citizen of the of America, and prior to the 22d 12, was more than twenty-one that she has resided continuously ry of Utah for more than thirtyand resided continuously in the fifth at Lake City, in said Territory, two years last past; that she has, S ten years prior to the November 12, lawfully exercised the rights privileges of the elective franTerritory, and has, for more than - 26 past, owned taxable property and mparer in said Territory, and that her east registration list of the voz precinct, made prior to the secf sentember, 1882.

"Sec. 2. That the foregoing provisions shall not affect the prosecution or punishment of any offense already committed against the section amended by the first section of this Act.

"Sec. 3. That if any male person, in a Ter-
ritory or other place over which the United
States have exclusive jurisdiction, hereafter co-
habits with more than one woman, he shall be
deemed guilty of a misdemeanor, and on con-
viction thereof shall be punished by a fine of
not more than three hundred dollars, or by im-
prisonment for not more than six months, or by
both said punishments, in the discretion of the
court.

.Is aliere that the plaintiff,
amin, is not and never has been a
zamist, and is not cohabiting
Labated with any man except
e co-plaintiff herein, to whom
married more than fifteen Sec. 4. That counts for any or all of the of-
om she is the first and law-fenses named in sections one and three of this
Act may be joined in the same information or
indictment.

it Hiram B. Clawson has
ered into any marriage con-
with any woman within the
Las continuously and openly
y of Salt Lake, in said Terri-
for more than twenty years last

to the deputy registration offi-
ez forth the same facts.
in which James M. Barlow is
a: the averments in the com-
tser uke those in the case of
been set out in full.

emurrer was filed to the com-
defendatis on the ground that
De facto sufficient to constitute a

"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 summoned 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 fiftythree hundred and fifty-two of the Revised Statutes of the United States, or the Act of July first, eighteen hundred and sixty-two, entitled An Act to Punish and Prevent the Practice of Polygamy in the Territories of the United States

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and Other Places, and Disapproving and Annul-
ling Certain Acts of the Legislative Assembly of
the Territory of Utah;' or, second, that he be-
lieves it right for a man to have more than one
living and undivorced wife at the same time, or
to live in the practice of cohabiting with more
than one woman; and any person appearing or
offered as a juror or talesman, and challenged
on either of the foregoing grounds, may be ques-
tioned 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 challenge; and this question shall
be tried by the court. But as to the first ground
of challenge beforementioned, the person chal-sons who, being eligible for such election, shall
lenged 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 of
fense named in sections one or three of this
Act, but if he declines to answer on any ground,
he shall be rejected as incompetent.

board so appointed by the President shall each receive a salary at the rate of three thousand dollars 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 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 Territory 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 perappear to have been lawfully elected, which certificates shall be the only evidence 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 account of any opinion such person may entertain on the subject of bigamy or polygamy, nor shall they refuse to count any such vote on account of the opinion of the person casting it on the subject of bigamy or polygamy; but each House of such As

"Sec. 6. That the President i hereby authorized to grant amnesty to such classes of of fenders guilty of bigamy, polygamy, or unlaw-sembly, after its organization, shall have powful 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 polygamous marriages, known as Mormon marriages, in cases in which such marriages have been solemnized according to the ceremonies of the Mormon sect, in any Territory of the United States, and such issue shall have been born before the first day of January, Anno Domini eighteen hundred and eighty-three, 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 the | 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 appointment to or to 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.

er 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 returned according to the provisions of this Act, said Legislative Assembly may make such laws, conformable to the organic Act of said Territory and not inconsistent with other laws of the United States, as it shall deem proper, concerning the filling of the offices in said Territory declared vacant by this Act."

Section 5352 of the Revised Statutes, which the foregoing Act amends, reads as follows: "Every person having a husband or wife living who marries another, whether married or single, in a Territory or other place over which the United States have exclusive jurisdiction, is guilty of bigamy and shall be punished by a fine of not more than five hundred dollars, and by imprisonment for a term 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 is absent for five successive years and is not known to such person to be living, nor to any person by reason of any former marriage which has been dissolved by decree of a competent court, nor to any person by reason of any former marriage which has been pronounced void by decree of a competent court on the ground of nullity of the marriage contract."

"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 relating to the registration of voters, the conduct of elections, the receiving or rejection of votes, and the canvassing At the time of the passage of the Act of March and returning of the same, and the issuing of 22, 1882, the qualifications of voters prescribed certificates or other evidence of election in said by the Territorial Legislature, whose right to Territory, shall, until other provisions be made do so was conferred by the organic Act of Utah, by the Legislative Assembly of said Territory were as follows: If males, they were required as is hereinafter by this section provided, be to be citizens of the United States, over twentyperformed under the existing laws of the Unit-one years of age, and constant residents in the ed States and of said Territory by proper per- Territory during the six months next preceding sons, who shall be appointed to execute such the election, and no person was to be deemed a offices and perform such duties by a board of resident unless he was a taxpayer in the Terrifive persons, to be appointed by the President, tory; if females, they were required to be of the by and with the advice and consent of the Sen- age of twenty-one years, resident in the Terriate, not more than three of whom shall be mem-tory six months next preceding the election, bers of one political party; and a majority of and born or naturalized in the United States, whom shall be a quorum. The members of said or the wife, widow or daughter of a native born

en trained citizen of the United States. (Act | all the registered voters of such precinct, and le
- territorial government for Utah, shall, on or before the first day of July in each
v September 9, 1850, 9 Stats. at L.,453; year, deliver all of said lists and affidavits to the
Laws of Utah, 1876, p. 88).
clerk of the county court.
me time there was also in force chap.
laws of Utah, 1878, providing for the
cam of voters and to further regulate
anner of conducting elections in that Ter-

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