SENATOR REID/RAID TASK FORCE?

THE FEDERAL (1870) CULLOM-CRAGIN BILL: “TASK FORCE” AGAINST UTAH

THE 1870 CULLOM BILL (other publication)

In aid of the execution of the laws in' the Territory of Utah, and for other purposes.

SEC. 1. Be it enacted by the Senate and Souse of Representatives of the United States of America in Congress assembled, That the United - States marshal of Utah Territory may appoint a deputy in each of- the judicial districts of said Territory: Provided, That before any such deputy shall be authorized to enter upon the. discharge of his duties, his appointment must be approved by the judge of the district court of the district for which said deputy is appointed; and said deputy must take and subscribe the same oath prescribed by law to be. taken by the marshal, and give bond, with good and sufficient' sureties to said marshal in the penal sum of ten thousand dollars, conditioned for the faithful discharge of his duties as such deputy. And said appointment, approval, oath, and bond shall be entered upon the journals of said court.

SEC. 2. And be it further enacted, That it shall be the duty of said marshal, in person or by his deputies, to attend the district and supreme courts of Bald Territory, and serve and execute. all process, orders, judgments, or decrees issued or directed by said courts, or by any judge thereof.

SEC. 3. And be it further enacted, That the United States district attorney of said Territory may also appoint an assistant in each of the judicial districts of said Territory: Provided, That before any such assistant shall enter upon the discharge of his duties, his appointment must be approved by the presiding judge of the district court of the district for which such appointment is made; and . said assistant must take and subscribe the same oath prescribed by law to be taken by the district attorney. And said appointment, approval, and oath shall be entered upon the journals of said court.

SEC. 4. And be it further enacted, That it shall be the duty of said district attorney, in person or by his assistants, to attend all of the district courts of said Territory, and perform the duties of prosecuting attorney in all criminal cases arising in said courts.- -

SEC. 5. And be it further enacted, That in accordance with the sixth section of the act of Congress entitled "An act providing for a district and circuit court in the United States for the district of Nevada; and for other purposes," approved February twenty-seven, eighteen hundred and sixty-five, the aforesaid marshal and district attorney, of said Territory of Utah, shall severally be entitled to charge and receive for the services they may perform double the fees and compensation allowed by the act of Congress, entitled -"An act to regulate the fees and costs to be allowed clerks, marshals and attorneys of the circuit and district Courts of the United States, and for other purposes," approved February twenty-six; eighteen hundred and fifty-three.

SEC. 6. And be it further enacted, That only citizens of the United States, over the age of twenty-one years, shall be competent to serve as grand or petit jurors in said Territory.-

SEC. 7. And. be it further enacted, That the grand jury of said Territory: shall consist of fifteen good and lawful men, twelve of whom concurring may find and return a bill of indictment.

SEC. 8. And be it further enacted, That at least ten days before the time of holding each regular term of the district courts of said Territory, in their respective districts the United States marshal of said Territory, or one of his deputies, shall, in connection with the; clerk of the district court for which a term is to be holden, select from the body of the people of said district twenty-seven good. and lawful men having the necessary qualifications, to serve as jurors, and make a list, in writing, of the names of the persons so selected, and append thereto a certificate, stating that said persons have by them been selected to act in the aforesaid capacity, and . setting forth the court, district, and term of court for which ' they were. selected, which certificate shall be signed by the persons making such selection and filed with said clerk; whereupon said clerk: shall forthwith issue a venire, directed to said marshal or his deputy commanding him to summons the fifteen persons first named on said list, to be and appear in said court on the first day of the term thereof (to be named in said venire) to serve as grand jurors; also to issue a like venire commanding said marshal, or his deputy, to summon the remaining twelve persons on said list to be and appear at sand term to serve as petit jurors, and the persons so selected and summoned shall constitute one full grand and one fall petit jury: Provided, That if all or any number of the persons so selected and summoned shall fail to appear, shall be excused by the court, or shall be challenged, or if for any other cause whatever it shall become necessary, the court, both in the case of the grand and petit jury, may order the panel to be filled by talesmen, summoned by the' marshal or his deputy from the body of the district or from the bystanders.

SEC. 9. And be it further enacted, That, if, at any special or adjourned term of the district courts of said Territory, it shall become necessary to ha v0 either a grand or petit jury or both, after the juries for the regular term have been discharged from attendance, the presiding judge of the district court requiring the attendance of such a jury or juries may, in his discretion, issue a special order requiting the marshal, or one of his deputies, and the clerk, to forthwith select and summon a jury or juries according to the foregoing pro-visions of this act. And any judge of the district courts of the said Territory of Utah is hereby authorized and em-powered to appoint at such times and places as he may deem expedient, as. many, special terms of court in his district as in his opinion the necessities of business may require,thirty days' notice to be given of the time and place of holding such special term in some news-paper in general circulation in said Territory.

SEC. 10. And be it further enacted, That the said first judicial district shall embrace the counties of Millard, Sampete, Sevier, Piute, Beaver, Iron, Washington, Rio Virgin, and Kane, and the regular terms of the court there shall be held at the City of. Beaver, said County of Beaver, commencing the first Monday of June in each yeaar; That the said second judicial district shall embrace the counties of Toole Salt Lake, Utah, Wasatch and Juab that regular terms thereof shall held at Salt Lake City, commencing q tire first Mondays of February. Ma and September, in each year; That the third judicial district shall embrace the counties of Davis, Morgan, Stunt .Box Elder, Weber, and Richland and that the regular terms thereof shall be held at Ogden City , in said County, Box Elder, an shall commence on t first Monday s of January and June, it each year: but the time of commencing' said regular terms of said several court may be changed by the Governor, when it shall appear to him that a different time would accommodate the Judge and the people, of the said several districts better.

SEC. 11. And be it further enacted, That in criminal cases both the prosecution and the accused shall have the, right and privilege in challenge, for, cause, the array and polls, both of the grand and petit jury in all prosecution of bigamy and the crimes specified in this act, no person shall be competent to serve, as grand or petit juro who believes in, advocates, or practices bigamy or polygamy, and upon that fact appearing by examination or voir dire or otherwise, such persons shall not be permitted to serve as a juror. And in all criminal trials each of the parties shall have the right to challenge peremptorily sis of the petit jurors.

SEC. 12. And be it further enacted, that in all prosecutions for bigamy or adultery, the lawful wife of the accused shall be a competent witness to prove both the first and subsequent marriage or marriages of her husband, but for no other purpose.

SEC. 13. And be it further enacted, Whereas marriage in said Territory of Utah rests solely on the contract of the parties, followed by cohabitation, ''. there being no form, manner or ceremony, prescribed by the laws of said territory for the solemnization of this important relation in society, or requiring any recordation, certificate, or publication of the same: That in all proceedings for bigamy or adultery, it shell it be necessary to prove either the first subsequent marriages, by the registration or certificate thereof, or other recorded evidence, but the same may be wed by such evidence us is admissible prove a marriage in other cases, and proof of cohabitation by the accused th more than one woman as husband and wife, his declarations and admissions that such women are his wives, acts recognizing, acknowledging, reducing, treating or deporting himself towards them as such, shall, unless rebutted, be sufficient to sustain the prosecution; and in all eases in which a Woman is accused, the same rules of evidence shall apply to her acts and admissions.

SEC. 14. And be it further enacted, That any man in said Territory, who shall, after this act goes Into effect, live or cohabit with one Woman or more, other than his lawful wife, as his wife or wives, shall be adjudged guilty of the crime of concubinage, and upon conviction thereof, shall be punished by fine not exceeding one thousand dollars, and by imprisonment in the penitentiary at bard labor, not exceeding five years, and in all prosecutions for the violation of this section the alleged concubines of the accused shall be competent witnesses to establish or disprove the charge: Provided, That no statement made by any such witnesses shall he used against, admitted or allowed to effect them in any manner in any case whatsoever, and an indictment charging said crime to have been committed with more than one woman, will be sustained by proof, showing the same to have been committed with one only or more.

SEC. 15. And be it further enacted, That the statutes of limitations shall not bar a prosecution for any of the crimes specified in this act, nor for the crime of bigamy, concubinage or adultery, hereafter committed.

SEC. 16. And be it further enacted, at the last sentence in the thirty-first section of an net of the Legislature of Utah, entitled "An act in relation to crimes and punishments," approved March six, eighteen hundred and fifty-two, which is in the words following, to wit: "No prosecution for adultery can commenced but on the complaint of e husband or wife," be, and the same hereby disapproved and repealed. ad that the residue of-said section, rich in the words following, to wit: very person who commits the crime adultery shall be punished by imprisonment not exceeding twenty years r less than three years, or by fine not exceeding one thousand dollars and not less than three hundred dollars, or by th fine and imprisonment, at the discretion of the court," be, and the same hereby, adopted and enacted, and any violation of this section, the fourteenth section of this act, and the act against gamy may be charged, in separate ante in the same indictment, which indictment may conclude, generally, against the statutes in such cases made and provided.

SEC. 17. And he it further enacted, at in all cases or proceedings where imprisonment may be ordered, if there no jail or prison in which the person persons to be imprisoned can with safety be kept, the court or judge may der such person or persons confined. any military prison or camp of the United States in said Territory; and the officer or person in command of such prison or camp is hereby authorized and required, on the order of the court or judge, to receive and safely keep such person or persons until they shall be lawfully discharged from custody.

SEC. 18. And be it further enacted, that if the United States marshal or any of his deputies shall be resisted or threatened with resistance, in the execution of any writ, order, process, judgment, or decree, of any court or judge of said Territory, said Marshall or either of his deputies, may, if in their judgment assistance is necessary, apply to the commander, or person in charge of military camp or post of the United States therein, for a posse to aid such officer; and upon such application being made, the command, or person in charge or such military camp, post, or troops, is hereby authorized and directed to detail a sufficient number of men to enforce the writ or other pro whatever it may be, which is being, or is threatened to be resisted. And said marshal, or either of his deputies, may make application for eucli assistance when necessary to suppress any mob, riot, or other disturbance of the peace.

SEC. 19. And be it further enacted, that it shall be the duty of the governor of said Territory, so often as it shall appear necessary, to inspect, or cause to be inspected, the jails and other prisons In said Territory, and the manner persons are held, treated, and imprisoned therein. And the governor. shall make rules for the regulation and government of, said jails and prisons; and he is hereby empowered to remove th 6-wardens and keepers of all jails and prisons, or other officers connected therewith, and appoint others in their stead as often as in his opinion the public good shall require.

SEC. 20. And be it further enacted, that n one living in or practicing bigamy, polygamy, or concubinage, shall. be admitted to citizenship of the United States; nor shall any such person hold any office of trust or profit in said Territory, vote at any election therein or be entitled to the benefits of the home-stead or pre-emption laws of the United States, and the district courts of said Territory are hereby authorized to issue writs of quo warranto, on the information of the district attorney or other person interested, to test the right of any one discharging the duties of or claiming the right to any office in said' Territory; and the judges of elections are hereby authorized to examine under oath all persons who may offer to vote as to their qualifications and right so todo,and all persons appointed or elected to office in said Territory, before entering upon the duties of such office, and before being entitled to any salary or other emoluments thereof, shall take and subscribe the following oath or affirmation, to wit: "I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States since I have been a citizen thereof; that I have voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility thereto; that I have neither sought nor accepted nor at-tempted to- exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; - that I have not yielded a voluntary support to any pretended- government, authority, power, or constitution with-in the United States hostile or inimical thereto; that I am not living in or practicing bigamy, polygamy, or concubinage; and I will not hereafter live in or. practice the same. And I do further swear (or affirm) that to the best of my knowledge and ability I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith: and allegiance to the same; that I will obey all of the laws of the United States, and w ill not counsel, ad-vise or encourage any other person to disobey or violate the same: that I take

public, and all sheriffs In said Territory shall be appointed by the governor and shall hold their offices for the term pre-scribed by law, unless sooner removed, or their successor shall before then he appointed.

SEC. 23. And be it further enacted, That an appeal shall be allowed from all final decisions, orders, judgments, or decrees of any justice of the peace or probate courts in said Territory, to the district court of the district in which the proceedings before such justice or probate court are had, and in correction of the proceedings of justices of the peace and probate court of said Territory, and to prevent and correct abuses by the same, the district courts of said Territory are hereby authorized to issue writs of error, certiorari, mandamus, prohibition, and quo warranto in accordance with the usages of the common law.

SEC. 24. And be it further enacted, That marriages in said Territory may be solemnized only by justices of the supreme court, by justices of the peace duly appointed and qualified, and by any priest or minister of the gospel regularly ordained and settled or established as such in said Territory, between parties competent to enter Into the marriage contract. Marriage in said Territory is hereby declared to be a civil contract, to which the consent of parties, capable in law of. contracting, is essential. No man, a resident of said Territory, shall marry his mother, his grandmother, daughter, granddaughter, stepmother, grandfather's wife, son's wife, grandson's wife, wife's mother, wife's grandmother, wife's daughter, wife's granddaughter, nor his - sister, his half-sister, brother's daughter, father's sister, or mother's sister. No woman shall marry her father, grand-father, son, grandson, step-father-grandmother's husband, daughter's husband, granddaughter's husband, husband's father, husband's grandfather, husband's son, husband's grandson nor her brother, half-brother, brother's song sister's son, father's brother, or mother's brother. No marriage shall be contracted while either of the par-ties has a former wife or husband living in the United States, or elsewhere, unless the marriage with such former wife or husband shall have been legally dissolved. All persons within the degrees of consanguinity within which marriages are herein prohibited to residents of said Territory, and hereby declared to be incestuous and void, who shall intermarry with each other, or who shall commit adultery or fornication with each other, shall be punished by imprisonment at hard labor in the penitentiary of the Territory not more than twenty - years, and be fined not more than one thoousand dollars. .

SEC. 25. And be it further enacted, That in all cases of election by ballot it shall be unlawful for any person to put any number, figure, or device upon such ballot, whereby any person may be enabled to ascertain by whom the ballot was given; and any violation, or at-tempt to violate this provision shall be deemed. and taken to be a crime, and upon conviction thereof the person so offending may be punished by a fine not exceeding five hundred dollars or by imprisonment in the penitentiary not exceeding one year, or by both flue and imprisonment at the discretion of the court. And at all elections, none but male citizens of the United States over twenty-one years of age, residing in the, precint or election district, and not disqualified by conviction of crime or otherwise, shall be competent voters.

SEC. 26. And be it further enacted, That the probate courts in their respective counties in said Territory are hereby authorized to hear, try, and determine civil causes wherein the debt or damages claimed does not exceed five hundred dollars, and in criminal mat-ten may exercise jurisdiction as committing magistrates, and the twenty-ninth section of an act of the territorial legislature of Utah conferring general and unlimited jurisdiction on the pro-bate courts, both in civil and criminal cases, entitled "An act in relation to the judiciary," approved January nineteenth, one thousand eight hundred and fifty-two; also the second section of an act entitled "An act for the regulation of attorneys," approved February eighteenth, one thousand eight hundred and fifty-two; and also the first section of an act entitled "Au act containing provisions applicable to the laws of the Territory of Utah," approved January fourteenth, one thousand eight hue-tired and fifty-four, be, and the same are hereby, disapproved and repeated.

SEC. 27. And be it further enacted, That in all cases in which the marshal of said Territory; is a party to the suit or in any way interested or other-wise disqualified to act,-the court shall appoint- some one to act as marshal therein.

SEC. 28. And he it further enacted, that all of the law books in the public library of said Territory, bought with the moneys appropriated by the fourteenth section of an act of Congress en-titled "An act to establish a territorial government for Utah," approved September ninth, one thousand eight hundred and fifty, shall from and after the passage of this act, be kept at the seat of government by the secretary of said Territory for the use of the governor, legislative assembly, judges of the supreme court, marshal and attorney of said Territory, and such other persona and under such regulations as said secretary and governor shall make, and said secretary shall be held responsible for the safe keeping; of the same; and that the sum of three thousand dollars be and the same Is hereby appropriated out of the moneys in the treasury not' 'otherwise appropriated, to be expended under the direction of the governor and secretary, in the purchase of law books to complete and fill up said law library.

SEC. 29. And be it further enacted, That the district courts of said Territory shall have exclusive original jurisdiction in all suits for divorces or alimony:

SEC. 30. And be it further enacted That this act shall take effect from and after its passage, and all acts and parts of acts of the United States, or of the legislature , of Utah, not consistent herewith, are hereby repealed and disapproved.