Show TEST CASE TO BE STARTED Right Eight of Alfred Budge to Hold Office I in Idaho Is Challenged Ch by Democrats Special to The Herald erald Boise Ida Nov 30 HW W Lockhart chairman of the Democratic state com committee committee committee who was In the city today for formally formally formally mally announced the determination of the executive committee to bring a case caseto caseto caseto to test teat the eligibility of Judge Alfred Budge to hold office under the Idaho constitution Judge Budge is a Mor Mormon Mormon Mormon mon He is judge of the Fifth district court comprising the counties of Oneida Oneida Oneida da Bannock and Bear Lake and has just been reelected to that position without opposition It has nas been under understood understood understood stood for some time that the Democrat Democratic ic committee intended to test his right to hold office and the purpose now has been officially announced Mr Lock Lockhart Lockhart hart admits Judge JUdg Budge is not a po polygamist pol polygamist l Ho He does not state the exact ground upon which his eligibility will willbe willbe be challenged but It is generally generall known what the general trend df Of C the reason reasoning reasoning reasoning ing is upon which the case will rest The constitution of oC the state provides that no polygamist shall shaU vote vo e the inhibition Inhibition inhibition extending to any person who be belongs longs to a church achurch that teaches polygamy polygamy polygamy amy or encourages a person prIson to enter into that state When the Mormon church through the manifesto of 1890 renounced polygamy polygamy polygamy amy It announced that it would be no longer sanctioned by the church and it was held that would admit all aU Idaho Mormons to the ballot For two years the state under another clause of the constitution kept them out by legisla legislative legislative legislative tive action and then restored them to the franchise The point now made is that testimony given by leading Mor Mormons Mormons Mormons mons especially President Smith shows the church is teaching polygamy pol by practice and that therefore ther fore the Mor Mormon Mormon Mormon mon people as a whole stand disfranchised disfranchised disfranchised under the constitution and can cannot cannot cannot not vote vole ote or hold office The case against Budge will take the form Corm of an injunction to restrain him from taking office It will test the status of or all allMor Mor Mormons mons in Idaho as voters |