Show THE IDAHO IDAHO TEST I f The argument of Jud Judge Jere Wilt Wilson Wil- Wil Wilson son t son in 10 the Idaho test oath case wast was t made yesterday an and was very clear a i and logical tie Hie said that the laW laW- laWmaking laWmaking making department had no right to go into the domain of conscience ce and make a man an offender bp- bp be because cause of his religious belief This This J was precisely what the Idaho Idabo oath t did by disfranchising a citizen en be- be because because be because cause of his membership in a Q rel religious reli- reli association and and its action was of the Constitution of f the States Judge Wilson cited i from numerous authorities and from from decisions of the Supreme e t Court in line Une with his position During During the argument he was listened Us- Us to attentively by the Court and anti numerous questions by the judge H W Smith bettor better known as Kentucky Smith followed He lJ isnow is isnow now now a resident of but bu formerly formerly for- for Ogden n butt merly lived in Idaho and is under under- understood understood 1 stood to be the framer of the test oath that is being discussed He claimed that the oath was not viola viola- five tive of the Constitution that that-it that it went no farther into the domain of sious ious sous belief lief than did the Edmunds- Edmunds Tucker oath passed by Congress in ft 1887 He insisted that membership 1 in n a church or could association could bb b made a disqualification tion for citizenship citizenship citizen- citizen 4 ship as being a member of any or- or organization or organization was not an actio action and was a rightful subject of legislation r The court adjourned last evening before Mr Smith Smith bad had concluded his argument This afternoon he pro- pro j proceeded in the same vein as yester- yester yesterday day When he finished Hon HOB F S 8 Richards began the closing argument r n ment ment and made a telling speech Kentucky Smiths Smith's points were completely met J JIt It is believed here that the court p E cannot jin decide against membership in the Mormon Church and ins in w s favor of the law on constitutional s grounds The authorities cited were numerous and pointed Dubois was present during the proceedings proceedings r WASHINGTON D C 0 Dec 10 Z |