| Show CHILDREN OF POLYGAMY te B sky mountain give a fair review of the decisions recently rendered by hg supreme court with regard to the riat of polygamous children to inherent the esisto of their father after showing the importance of tho decision and briefly reviewing the facts of the case the neica says the case turned on a very simple question there was no dispute but mat the children biad a right to inherit under the abi statute of 1852 the contention waa whether the act of congress of july 1 1862 repealed the territorial statute or whether it did not the court held that it did and so decided but judge blackburn held that if it did it was only by implication which construction could not be affirmed by a court after commenting on the statute of he continued I 1 am strengthened in this opinion by alie act of congress ot 1882 called the act section 7 of that act allows that it was not the intention of disinherit polygamous child ren for it says all polygamous children born before the first day of january shall be legitimate making it clear that in the mind of congress nothing was intended by the ant of 1862 to disinherit polygamous children the act of tho legislature of utah gays nothing about polygamous children it only says illegitimate children but the act of congress goes further and says polygamous cli ildren shall be if therefore alie territorial law by inference encouraged and countenanced polygamy much more did the law ol 01 congress and that idea cannot be entertained for one moment the case will be taken to the supreme court of the united states and its importance arises from the fact that polygamous cli ildren have beau 10 inherit in utah ever since 1832 and until the passage of the edmunds law in 1882 fudeo judeo blackburn is evidently right if thelah of repealed the territorial of 1852 there would have been no necessity for the act of 1882 the language of the act of 1882 makes that congress regarded the utah law a in force that the as encouraging and henc it fixed a date after which the children of plural wives could not inherit the plain implication i abhat datt they had the right of inheritance otherwise would leave been un necessary and superfluous the high standing of senator edmanda alio was the author of the act of a so confirms this view of judge black bum aa the correct one anat ahe opinion of the court will bo reversed admits of little doubt if it now be announced that theace of 1862 annulled the utah act of 1852 and for all these years the children of polygamous wives have had no right of inheritance utter confusion will follow in land titles and much wrone and injustice accomplished |
