Show MORMONS IN I IDAHO The Test Oath Case Before the Supreme Court FEDERATION IN AUSTRALIA Premier Parkers Plans Brazils New Has In Lisbon Cornelia Stewarts VillA Fatal Fire In a Theatre WASHINGTON Dcc 10Special telegram to TIE HERALD Kentucky Smith resumed his argument at noon today He insisted that the legislature of Idaho hid power to exclude Mor legslature mons from voting because they belonged to a criminal organization He claimed that an elective franchise was a privilege and not aright a-right and could be taken away at pleasure Religious freedom did not license crime nor protect pro-tect a criminal organization Answering Wilsons statement that only one Mormon in a hundred was a polygamist he said that from 7 to 10 per cent of the adult Mormons were i polygamy and that r men were convicted last year In the frt district court of Ntah for unlawful unlaw-ful Hon cohabitation Franklin S Richards referred the court to the report of the House committee for proof of Wilsons statement as to the num prof Vlsous He reminded the court of ber of polygamists le remided cour the constructive cohabitation argued before them in the Snow case which made convictions for unlawful cohabitation possible without living liv-ing with plural wives but he denied the number of convictions claimed by Smith He had a liberty and freedom of strong plea for religious lberty fredom conscience claiming the right of the citizen to entertain religious belief and to exercise re en any belef tertal relgious IMon by any acts that have not been declared criminal by law He denied that the Mormon church was a criminal organization and read the articles of faith to show that the members were protected by the constitutional guarantees of religious freedom free-dom constutonal Idaho act prohibited acts of ceremonies and ordinances worship and religious worhip ces Mormon could not partake of the sacrament sacra-ment of the Lords supper being a member of Lors the church without losing the elective franchise and the rIght to hold office a convert could not be rht for the remission of his sins by a Mormon elder and confirmed as taught by the evangelists Moron without forfeiting the franchise and yet it was claimed that these people enjoy the free exercise of religion How preposterous was fre such a discrimination because of membership member-ship in a discrmination I unconstitutional He read from authors the constitutional provisions pro-visions to secure religious freedom to show it was a substantial right that cannot be Impaired Im-paired by any legislative body This act was not 11n violation of these provisions of the constitution but was contrary to the fundamental funda-mental principles underlying I all free republican governments He made many telling points and closed by reminding the court that their decision would determine whether thousands of citizens In Idaho were entitled to the rights of freemen or entted whether they were what the legislature of Idaho had sought to make them political slaves It is understood that the court would render an opinion in the case not later than next Monday Mon-day week |