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History of Utah, 1540-1886 - Brigham Young University

History of Utah, 1540-1886 - Brigham Young University

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THE EDMUNDS LAW. 683<br />

stitutional by the supreme court <strong>of</strong> the United States.<br />

Under the Poland bill only one conviction was made,<br />

that <strong>of</strong> George Reynolds, private secretary to <strong>Brigham</strong>,<br />

the man being sentenced to fine and imprisonment. 14<br />

Both these measures were sufficiently ill-advised, and<br />

rank, perhaps, among the clumsiest specimens <strong>of</strong> legislation<br />

as yet devised by man; but it remained for the<br />

Edmunds bill to cap the climax <strong>of</strong> absurdity by virtually<br />

setting aside the statute <strong>of</strong> limitations, and providing<br />

for the punishment <strong>of</strong> persons living at any<br />

time with other than their legal wives.<br />

By the provisions <strong>of</strong> this bill, approved March 22,<br />

1882. and <strong>of</strong> which brief mention has already been<br />

made, 15 polygamists were made liable to punishment<br />

by fine not exceeding $500 and imprisonment not exceeding<br />

five years, the president being authorized to<br />

grant amnesty on such conditions as he saw fit to<br />

those who might have <strong>of</strong>fended before the passage <strong>of</strong><br />

the act, provided the conditions were afterward complied<br />

with. Cohabitation with more than one woman<br />

in any territory <strong>of</strong> the United States, whether in the<br />

marriage relation or otherwise, was declared a misdemeanor,<br />

punishable by a fine <strong>of</strong> not more than $300,<br />

or by imprisonment for not more than six months, or<br />

by both, at the discretion <strong>of</strong> the court. In all prosecutions<br />

for bigamy, polygamy, or unlawful cohabitation—the<br />

three <strong>of</strong>fenses being classed together, though<br />

differing widely in law— it was to be deemed sufficient<br />

cause for challenge that a jurymaD lived or had ever<br />

lived in these practices, or believed it right for one so<br />

to live. No polygamist was to be entitled to vote at<br />

14 He was indicted and convicted at S. L. City in 1874. An appeal was<br />

taken to the supreme court <strong>of</strong> <strong>Utah</strong>, and the case dismissed on the ground<br />

that the grand jury had been illegally constituted. In October 1S75 lie was<br />

again indicted, convicted, and sentenced to two years' imprisonment and fine<br />

<strong>of</strong> $500. After a long but useless struggle, the case being argued before the<br />

supreme court by the attorney-general for the prosecution, and by Sheeks &<br />

Rawlins <strong>of</strong> S. L. City for appellant, Reynolds was finally committed to jail<br />

in Jan. 1879. For review <strong>of</strong> the decision <strong>of</strong> the supreme court by George Q.<br />

Cannon, see <strong>Utah</strong> Pamphlets, Political, no. 19.<br />

15 See p. 395, this volume.

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