| Show TRE THE 31 arria E REL A n cali mil windy n anter h ban diu ciny tho Kenol dd polygamy asin car the barf ra rf this nastier matter rom come up tip on appeal before the uie ale cogut coui t of the ilia united states on oil thi the pi 0 ond the alei alil is lind enough to decide the alie ease in advance for the learned justices justice 1 I it will tie iw remembered that geoage was sentenced wine three 3 cars ago aco to a fine of W rud anil two years imprisonment which bich penalty has never been enforced because of the circumlocutory round of appeal it filin ont the be district court of the lie ten teni i tory to lo the court chui coui t of last retort resort the cabe goes up tip on oil exceptions and the findings f the supreme court will pio properly perly be on involving the validity of the sentence but bat it is believed t bat the com coat I 1 I 1 vi ill go into the substantial tactile of the ilia case as and pronounce upon tile ilia constitutionality of tile tho act of conness Co against in ili our s columns rola it is ia declared A ith pronounced emphasis that tile act is unconstitutional it is not ft a question of maii roa mac the riter says in an ab abstract tract or a general way it is not a question of tho the legality of bigamy or A ny my tito ti liuo no question at ia issue nc in the hie case lie he decides to be this Is tile the polygamy of llona mons ons a pai pail t of their religion or is it not if that a 43 stem of mar madriago marri riago affo is a part of tho the MCI mornion nion religion then congress has As no constitutional rower power to mako make laws prohibiting tho the freo free of that part of tho the mormon religion any more than any other pu pal it of it it this is a question of law to bo be decided by judicial minds the 1110 first amendment to the declares that Con congress Congi giess shall make no law respecting an establishment of religion or prohibiting the free thereof this seems plain enough in england thero there is n a church as by law established abidi H hidi is sup polled by compulsory tami tion and its bishops at aai spiritual peer peem hc coequal with nith the aate in political I 1 power much lie ho C crept re pt into the establishment and souie of alie gitlit lit lit wage fliri ii english political hestoy have been bech to re alie anil elcio alive or mother church the fiaui ets of our constitution denci mined ined I 1 that atI here should be no es babli tabli hod in this ins ficere fica republic slid and they hey ald so in the fewest and plainest words nords rouble ros bible the second clause of tile above pi ILI 01 0 islon is alno intended to correct au e u I 1 that n england the dominant chui chat tit ill poll DOH er was always in an tolerant denying to 0 others lights and immunities afu ofu of w inch blell m in less lea fortunate times it had bad been itsel rde deprived and the fairnot nere in earlier times employed abich at a later date gravo placebo place to imprisonment bulden soine anea alnes and alid civil disabilities to A gain again gaint t any such s uli excesses being C committed in thus thol country tile charter barter of our libel ties lies declared that male make no lawrio hi biting alio fice what atiat is the meaning of rw RP ligion as defined by theologians As 13 faith m god purity of lire life repent anac of bin to tile widow and fatherless tile the constitution says that congress ahall not inter fer eiith the rice exercise of faith in in C god ad pure mol dorala n hicri a contrite cont rile heart or benefactions bene factions to td ilia icil indigent i ent this ia ab aastrid and the meaning 9 of the clause us is that it a free ebere exercise ise of it ft religious reli pious faith or fotiu of m worship 07 hip shall not be ne aut this 1111 universal ial lol to laton does docs not give immunity to gitelle ii 01 viola lion of law one man mail cannot exercise midi rights as to lo infringe upon the lights of others lie 10 IO cannot i tako ale life despoil his neighbor offend against asa aist P public morals or prejudice pie judice alio public policy blood was 4 as rl by the arimont mormons mont in former fornier al days ayar divine authority being bein I 1 claimed fertile for the revolting crime this mas va their religion Ie ligion upon tho the autem ity of model 11 revelation reTe lalion perodis guilty law were to bo be killed to say save a their souls tho rebellious ife was as to be ba destroyed the herald Ifer alil writer gives up murder and robbery as religious lut but holds on to polygamy poly eamy y lie ile says san marriage is not robber robbery y it tat not but it is exactly of aeto an opposite matuie it is life and in clease not death and tie decrease crease Ma marriage triage is in a divine tion lion established for divino divine put pui babes find aud enjoined by divino divine command tito the man iuan who tales takes two to alves lobs his neighbor because the sexes sews being bein equal in number alicle alicie is in only one ife to go I 1 loime extend the 1 I of polygamy to the n naple lari a united slates ind and 9 give are t to 0 a vely man u n lioio hobo unbridled lust luat ia 1 ands it from three to balfa dozen w ives es would this thi hie afe slid and in ci casell on the contrary it no bould al ill produce anarchy to thirdy of the adult males would mould be sp ouless and the social condition this would IL ic st sult it in can be moie easily imagined than brat ridge is a divine divin 6 institution because be ciuc india and wo ponnu MAU bolm to lo gethel human nature separate and apart from each other eath Is 15 but liala of it ailien god ci at cited main ada in and eve bevc accepting the mosaic record C as aa an all ethon logical fact futala I lo 10 instituted the ordinance of mai I 1 idge one husband to one wife alre I 1 ibis his sane law was ed at tire the deluge when four men and four women vote PraLl elved to ic ia create mankind upon this divine order common law liaa has been founded and every civilized nation in ili tho the A woid oid understands the ilia marriage ic lalion to comprehend the C coo 0 jugal union one tim this 6 life and inci case a plurality of LA ft I 1 ves ivea ib it death and lod god rul ic by gi I olt by tili pal lane I 1 ind and harn A llo lie the cal caile ill 1 viila ith juen inan and women of like ritina nuni be bei aud and ordained that ihil tile iho race should be ila reserved through permanent maziul mal relations it is evident that which the arild 0 id arater hi aas amli mitt stress upon waa to be the union of f one of balb sex guither I 1 m fiber than tins this trial inan I 1 ingo iago is it 0 civil and w it bout regard to tho the religious services Ler vices used to seal the contract conti act the cohabitation is ia under civil law kery eiery state and territory have laws in force to punish bigamy and the act of congress of 1662 was made to punish bigamy or plural man tuan iago in utah U tall if tho the law of yew new york or of montane 7 tin marital relation ore are c constitutional 0 o I 1 itin ithe act of cori con ji grf cerla inh III hi tin an ore night ol 01 that boda tile A t oni tb the 1 mat ridge and not W sub gub imant cohabitation 1 which aich deret render rc nilon it in great pal pait tin inoperative operative and give giboo immunity to many flagrant oO enders but it is the illicit contract I 1 is punishable not tile religious ceremonies tho the security and pal wit nency of society rest upon the purit of the marriage relation lation n slid and the laws a a against bigamy seduction ind adultery are anre designed to preserve public moia modality lity a aej nd protect the fuai i cipo relation A up revelation authorizing and com inan diny plural marriage luarria gc maybe may be accepted of be but this joe not justify them lu in depraving morals or 01 violating law dw ahey may luay call it ic ia but the courts hou all un lanful aun committe cominiti commit td cil luidor this wair air auito autto ho be canue the sh ial bays they the Mo inions should know A nhat bat is and what is not it anait t of their I 1 clig elision ioa m bas no relevancy to the case it is K the function of elie cool Is to dic dec di c ilia v u hat is liw law this flimsy pretext of ia c ligion to use our gifter M liters s challow vo voi volian Liag biage is than water leq titan than ilia basilea fabric ot of a vision ion and does no clebit to the user 7 |
