Show THE TEST the idaho law declared constitutional washington feb 3 the court of alie united states today to day rendered an opinion affirming alie constitutionality tiona lity of the edmunds tucker idaho teat oath intended to prevent cormons mormons from voting the case came upon an application for a writ of habeas corpus made by samuel D davis who is in in idaho tho prescribed test oath when he was a member of the mormon church the court denies the application for a writ of habeas corpus holding that polygamy is a crime and that the constitutional provision guaranteeing an freedom of religion is not intended to prevent punishment of any person alio in the name of religion commits a crime in the eyes of the law the court in its opinion says bigamy and polygamy are crimes under the laws of the united states and idaho they tend to destroy the purity of the marriage relations to disturb the peace of families degrade women and debase men few crimes are more pernicious to the best interests of society and receive more general or more deserved punishment to offend the common sense of mankind to extend exemption from punishment for such crimes would be to speck the moral judgment of the community it is assumed by council of petitioner that because no form of worship can be established by law or religious tenets in forced in this country therefore any form of worship mav bo followed and any tenets however destructive to society may be held and advocated if asserted to be part of the religious doctrines of those advocating and practicing them but nothing is further from the truth while legislation for the establishment lish ment of religion is forbidden and its free exercise permitted it does not follow that everything which may be so called can be tolerated crime is not less excused because sanctioned by any sect that may designate it as religion the court also rendered an opinion court of claims to enter of john S in his suit against me uuna states government for consul fees turned over to the government which he claimed belonged to him IDAHO STATEHOOD ARGUMENTS washington feb 4 special telegram to the herald the house territorial rit orial committee met this morning to further consider claim to statehood ex justice weir of idaho led off with an hours tirade on the mormon church which was followed by an address iram governor shoup who endeavored deavo red to convince the committo that the territory was able to meet the additional expenses incurred in statehood the committee adjourned until an early date next week when bishop budge and george Q canann will be glen a final hearing governor stevenson and R wildman were present hon A J mcnab of northern idaho who has been here for the past month talking to the democratic side of the republican show leaves for home this evening judge anderson of salt lake is in the city |