| Show THE IDABO TEST OATH five territories awaiting alie decision CAN MORMONS BE FOR BELIEF e alie arguments made before the sn court from saturdays DAILY the follow in lecial correspondence to the st louia globe democrat dated washington december relative to the idaho teat oath will prove of interest to our many readers the famous idaho test oath case was submitted to the supreme court today to day A decision is expected immediately after the holiday it will be looked for with great interest especially by those territories who have to deal with the mormon question the power to disfranchise cormons mormons for their belief is the issue idaho haa a law of recent enactment act ment which requires all electora to take what is called the teat oath no man can vote in that territory until he has sworn to the following that I 1 am not a member of any order organization or association which teaches advises counsels or encourages ita members devotees or any other person to commit the crime of bigamy or polygamy or any other crime defined by law as a duty arising or resulting from membership in such order organization or association or which practices bigamy polygamy or plural or celestial marriage as a doctrinal rite of said organization that I 1 do not and will not publicly or privately or in any manner whatever advise counsel or encourage any person to commit the crime of bigamy or polygamy or any other crime defined by law either as a religious duty or otherwise that I 1 do regard alis constitution of the united states and the laws thereof and the laws of this territory as interpreted by the courte as the supreme law of the land alie teachings of any order organization or association to the coun tary notwithstanding so help me god samuel D davis a mormon took this oath and voted ut the last election lie was indicted for conspiracy sp iracy convicted and fined refusing to pay he was gent to jail for foo days A writ of habeas corpus charging illegal imprisonment was sworn to and brought on appeal to the supreme court of the states tiie argument began yesterday and was concluded this afternoon it is expected that the decision will settle the question whether the cormons mormons can he dis franchised for their belief regardless of their practices if the idaho test oath is sustained the utah gentiles will seek to have a law passed chasing all cormons mormons Mor mons wyoming new mexico and arizona will probably take the same course idaho is greatly interested because her constitutional convention has incorporates incorporate 4 the test feature in tho constitution under which she will ask admission as a state the question is perhaps the most important in relating to mormonism which has come before the united states supreme court there nothing in the manner of th e court during the argument to show what the conclusion is likely to be of all the bench mr justice miller alone indicated hig sentiments he bolds very pronounced views on the subject of suffrage legislatures he thinks can do about as abey please in the qualifications of voters mr justice millers position now is about what it was when the celebrated missouri test oath came before the court the legislature of that state passed a law which provided one of the severest test oaths ever framed under tho law a priest or preacher had to take the oath before he could officiate in the pulpit A southeast missouri priest refused to take the oath and celebrated mass he was prosecuted and the case was brought to washington the supreme court knocked the test oath sky high but mr justice miller dissented holding that the legislature had the power THE judge jeremiah M wilson led off in the argument of the idaho case he took the ground that disfranchisement for membership in the mormon church is a violation of the constitutional provisions which declare that no religious test shall be required and which guarantees free exercise of religion he also claimed that the idaho oath is in violation of the fourteenth amendment of the constitution declaring that the rights of the citizens shall in no way be abridged and that no one shall be denied equal protection of the laws judge wilson read from the constitutions of the original thirteen states showing what broad ideas of religious liberty were when the federal constitution was adopted he read from jefferson madison hamilton and others showing they took the ground that not only the to entertain any religions opinion should he guaranteed but that the citizen should be permitted to do anything in the exercise of that right which was not a violation of law in this case it was urged there was an attempt to disfranchise for a belief in w hat not one of a hundred believers practiced mr smith of osden for the idaho Gentile the position that the right to vote was purely conventional he claimed that a state or territory could give or suffrage any class at will among the cases cited to support this view was that of blair vs ridgeley in missouri where the supreme court of eliat state sustained the test oath adopted about the close of the war mr smith also fell back on the decision of the supreme court of the united states which sustains the law all cormons mormons who practice polygamy belief in polygamy was only a step from practice and should disqualify ho argued the case of the cormons mormons was closed by mr franklin S Kichard 9 of salt lake city a son of apostle richards one of the founders of the church of latter day saints mr richards held that the power ct congress of a state or terri boryto prescribe qualifications of voters was limited by the of tha federal constitution and by the fundamental principles underlying all free republican governments ho argued that no one should be deprived of the franchise because of his religious belief or the exercise of that belief in doing any pet not prohibited by law if this was lint an admitted proposition there was nothing to prevent infringement on the domain of conscience in the murphy cise congress has dis franchised because llie man biad committed the of benso of polygamy inthis in this idaho case the legislature had attempted to dib a man who had committed no offense ofie nse but who simply belonged to an organization some members of which had violated alie law this mr richards was making the man responsible not for his own hut the acta ol 01 others mr Richards created acme thing of a sensation by reading the mormon creed as now held by the church of latter day saints it is as follow s HE 1 we believe in god the eternal father aej his son jesus christ and in the holy ghost 2 we believe thai men will be pan dished for their own sins and not for adams transgression 3 we believe that through the atonement of christ all mankind may le obedi euca to the laws and or dhian cea of the gospel vve believe that these ordinances are r 1 faith in the biord jesus christ 2 repentance 3 baptism by immersion for the remission of sins 4 laying on of hands for the gift of alie bioly ghost 5 we believe that a man must be called of god by prophecy and by the laying on of hands by those who are in authority to preach the gospel and administer in the ordinances thereof 6 We believe in the same organization that existed in the primitive church viz apostles prophets paa tors teachers evangelists etc 7 we believe in the gift of tongues prophecy revelation visions healing interpretation of tongues etc 8 we believe the bible to be the word of god as far as it is translated correctly we also believe the book of mormon to be the word of god 9 we believe all that god has re healed all that he does abow reveal and we believe that yet reveal many great and important things pertaining to the kingdom of god 10 we believe in alie literal gathering of israel and in the restoration of the ten tribes that zion will be built upon this continent that christ will reign personally upon the earth and that the earth will be renewed and receive its glory we claim the privilege of worshipping wor shipping almighty god according to the dictates of our conscience and allow all men the same privilege let them worship how where or what they will 12 we believe in being subject to kings presidents rulers and magistrates in obeying honoring and sustaining the law 18 we believe in being honest arno chaste benevolent virtuous and in doing good to all men indeed we may say that we follow the admonition of paul we belive all things we hope all things we have endured many things and hope to le able to endure all things if there is anything virtuous lovely or of good report or praiseworthy we seek after these things A VITAL alternative mr richards asked the court to observe that polygamy is not a part of the creed and he emphasized this very these were the articles to which a man subscribed when he became a member of alie church yet by the idaho test oath the man who accepted these thirteen articles and joined the charch was immediately chased the question mr eichardt Eich ards said was whether the man enjoyed the free exercise of religion when such a result followed his acceptance of such a creed he asked the court to consider the case of the man who professed faith and repentance was baptized and received into the church and thereby another act became chased he took the case of the man raised in the church who biad never violated the law regarding polygamy or any other law alio was of good moral character intelligent and every way qualified for franchise this man wants to go to sacrament he cant do it unless he loses franchise can a legislature present such an alternative as no sacrament or no vote |
