Show SINGULAR LOGIC IN the third district court on jan 20 judge anderson delivered a decision involving the of illegitimate offspring it appeared in full in this toque issue the claim of george H cope son of the late thomas cope deceased by a plural w wife ife to a share in the distribution of the residue of the estate was opposed by janet cope aud and thomas H cope lawful wife and son on of decedent the decision is adverse to the e claimant george H cope the ground on which the opinion is based is that the territorial statute which confers the statue of upon the children of a male decedent without regard to their being born in lawful wedlock or not or as to whether the father did or did not recognize them in life is invalid according to the judge the annulment was produced by the congressional anti polygamy law of 1862 because the latter invalidated all laws that encouraged polygamy it is set forth in the ruling that the territorial statute in establishing the of illegitimate children did encourage polygamy judge anderson seems to have completely overlooked the fact that congress enacted in march 1882 what is known as th the edmunds eEdmunds act it was aimed expressly against polygamy having been framed and passed for its suppression it is in point to here quote from it the following section SECTION 7 that the issue of bigamous or polygamous marriages known as mormon marriages in cases in which such marriages have been sol according to the ceremonies of the mormon sect met in any territory 0 of f the united states and such issue X snail U have been born before the first day of V january anno domini eighteen hundred ana and eighty three are hereby legitimated there are two points worthy of note noie connected with the decision in question it conflicts with the edmunds law because according to that measure which judge anderson has ignored george H cope born long before jan ast 1st at 1888 1883 stands legally before the world as the legitimate son of his father to declare that a legitimate issue of a decedent is not an heir to his estate is a judicial Jud iclAl absurdity referring again to the position that the territorial statute in question encouraged polygamy according to judge andersons logic so also does the the edmunds congressional anti polygamy law this is another judicial absurdity |