Show THE MANDAMUS CASE JUDGE BERRYS DECISION AD VERSE 10 tha he holds that 0 o mormon can take the test oath or yate BLACKFOOT idaho october 16 special to the news the lockly looked for decision by judge borry in the case which involved tho question of mor mons in idaho territory having the right to register take tho oath hold office at the coming election was rendered this afternoon and con firms to the fullest extent rumors that havo been whispered around blackfoot for the last few ys namely that tho decision would be adverse to tha cormons mormons Mor mons judge berry cams into court this afternoon with a very elaborate typewritten type written decision he reviewed the whole case at great length dwelling particularly on the evidence given by Ji bloy budge parkinson Park iason and thomas although the opinion covers some thirty or forty pages of matter the whole basis of the decision may be summed up in a very fow words naively na iMely birst that the law had already bean declared constitutional by the court of the territory which declaration the court was bound to respect second that notwithstanding it had been proved in evidence that tho practice of polygamy or bigamy had neither been advised counseled nor encouraged within the last two years yet it was nowhere shown that a like modification in the teaching or doctrine of the church had been made BO as to reach the whole body of the church of which woolley was a member to change the teaching of this or any organization the movement must bo general in its scope it must bo real and not temporary no such movement had been in the church A movement of this kind might have been expected al the last general conference but inasmuch as no movement of that kind had taken place it was sate to conclude that nothing of that nature might be looked for in the near future third that outside of the fact that president budge had given orders for about two years that the members of the church belonging to his stake were to cease preaching polygamy or plural marriage and that the presidents of other stakes in idaho had also been given such orders the fact remained aed that the doctrine of the church remained unchanged and that those who had been given instructions not to preach the doctrine referred to still believed in it in a word it nowhere ap feared that the teaching or practice of polygamy was in any way discontinued by the church but it did appear that polygamists estill held in full fellowship the court therefore could see no reformation in the matter desired it had therefore to conclude that the statute in question is unconstitutional that the church of jesus christ of latter day saints commonly called the mormon church is an organization whose doctrines and teachings are within the inhibition of this law that these doctrines and teachings have not been repealed or abrogated or changed in this territory so as to in anyway affect such organization in this territory or elsewhere and that the membership in such organization is inconsistent with the right of its mem bora to vote under this law for order of mandamus was therefore denied |