Show i POWERS OF g OVERN MENT SCHOOLS IN utan UTAH wv WE publish today to day another commom communication from mr T W curtis to th thoo thoe 0 boston index the thie writer is a thorough 0 h skeptic on revealed led religion but ap a p pears to be strictly impartial and aud hon est in his treatment of believers lie ile is familiar with affairs and I 1 speaks larg largely ely from personal knowledge and the tiie rest from information derived from reliable sources in ac response to his letter on education in mr lir W WJ J potter editor of tho the index comes out with a long article in which he lays down the proposition that it does not matter how moral mor aLwell alweil well weli educated or liberal the people of utah utah may be it I 1 is still the duty of the national national government government to 10 reform utah by legislation and its enforcement against polygamy we quote as follows the question therefore before congress with regard to utah and any of the territories for mormonism Monnon ism is spreading into the territories adjacent to utah is this shall the nation now novy ignore its own marriage laws and permit the plea of religious faith to nullify its authority in respect to marriage customs and allow the current of civilization ci p in this important matter of therome the home and family to be turned backward or shall it continue to treat any other than mono gamie marriage as a crime our opinion is that the national government must adhere to the latter alternative and thus protect the integrity of the lome iome home bome the equality of woman with man and the rights of children and that the constitutional constitution a guarantee of religious freedom gives no ground for countenancing the crime of polygamy more than it does for countenancing homicide or theft should they be set up as religious 1 rites it is strange that such a clearheaded clear headed writer as mr nir potter shows himself to be I 1 dues not perceive the wide vide difference between essential arinto and an ali offense offence made criminal by law and also the lack of constitutional authority in cone Conz contress ress to legislate on the subject of marriage ile he asks shail shall the nation ignore its own marriage laws and per mit the plea of religious faith to nullify its authority in tes res respect act to marria marriage e customs etc wili wirl will mr potter through the columns of quote for our benefit and the enlightenment of its reader readers sone one of the marriage rma laws of congress and that clause of the constitution which gives to that body authority in respect to marriage customs etc we do not know of any 11 marriage law of the united states and we deny that congress has any constitutional power to pass a law of that kind or to regulate marriage customs I 1 and ask the gentleman gent iema lema a to be kind enough to bring forth his proofs for forthe the position he has taken ile he speaks of the protecting power of congress in regard to the equality of woman with man ian lan ll 11 if that body has any power of this kind it is merely to protect women as well weli as men jn t their heir rin rights ats let us suppose osea a case if two women chose to unite themselves to the same man he being agreeable C eabie a and nd the sentiment and ana biag usage of the society in which they move sanction the alliance what need is there for any protecting power of congress to secure womans comans equality with man would not a power exercised bopre to prevent these parties from acting on their own will and choice under these tese cir cam stances be a curtailment of their liberty instead of A a protection and thus an I 1 infringement of two natural rights those of liberty and the pursuit of happiness r no such pretended protecting power is ikee needed cled and it is not vested in the government of the united states 1 1 I 1 mr hir potter falls into tho the common error of classing polygamy mith with homi cide theft and other essential crimel crimes V against oli aich ch laws are arc of right enaw enzi enact t V ed cd and yet is bothin nothing q whatever yer ver in common between beame en them Mormon 1 plural marriage is contracted apted by the consent and with the understanding of all ali the parties it violates no human auman rights it is i a mutual agreement homicide and theft are crit crimes hies fies of themselves because the they I 1 are invasions oi 01 the rights 0 K the individual and would be criminal if no laws were passed against them plural marria marriage e has to be defined and constituted a crime by law ialy or it would not be criminal anacon and congress has no more right to make it a crime or provide for its punishment than it has to make celibacy a crime and enact penalties albies s against that condition if conc aon pon gress s has lids the right to say adhn a man shall shail gave have but one wife it has the ri right glIt to limit by law the number of hise chil ehll dren mr potter talks about congress ess protect protecting im the ri nights rights 1 ats of children aren 11 does he be think that ik parents are considered too to provide pro properly erly fo for r more than one or ortho two children con congress ress should penalties na to against the parents isor ifor for gro producing a 11 greater eater number and if not IT why h no not t w when en hecl he claims alms aims such extraordinary or sinary i powers lowers powers for the national legislature lat u r e it Is certain that no such aut authority arity as is claimed for the federal government by mr nir potter and others can be found iii in the constitution of the united states but some people appear to think that such uch authority may be con berred by implication this is a dan erous doctrine once admit this un uin serous elined and general power andlee whole system of our government that of a union of independent states could be overthrown and anda a nation station evolved from the debris which would b be c but little removed from a monarchy there is nothing clearer to the impartial student of constitutional law than the this principle rm ci I 1 that the government of the eltes kites united states Is one of delegated and limited powers and that these are arc strictly defined in tie the the Constitution constitutions 1 it has therefore no authority other tuli tull that which is derived from that inspru ti ment and expressly named therein all other powers are reserved to there theae tive states the w a spec or people on this important point w wp 94 will ivill make mako a few quotations troup irom the opinion on of judge mid field of the supreme court of the united states in the rep recent legal tender case an AH able exposition of the law laif which is endorsed by the leading minds of the coun cannot be refuted he lle says yien the constitution came before the convention of the several sta states for adoption apprehension existed that other powers than those designated i might be claimed and it led iea to the first ten amendments when these thel were presented to the states they were preceded by a preamble stating that the conventions of a number of ae me states had at the time of adopting the constitution ution expressed a desire deste in onder order to prevent misconception or og abuse of its powers that further declaratory try bry and restrictive clauses sh should ouid bead ded one of them is found irl in the tenth amendment which declares that the powers not delegated to the united states State 8 b by y the constitution no nor prohibited b by 1 it t to the states are reserved to tile the ay states tates respectively or to the people ea ae mp there re is no such thing as a power of inherent sovereignty in the government of the united states slates it Is a government of delegated powers supreme within its prescribed sphere but powerless outside of it in this country sovereignty resides in the people and co congress can exercise no power which they llave nave not by their constitution entrusted to it all else is withheld the doctrine that a power not expressly forbidden may way be exercised would as I 1 have haver observed change the character of our government if I 1 have read the constitution aright abight if I 1 there is any auy weight to be given div on to the uniform teachings of our great jurists and of commentators previous to the civil war the true doctrine is the very opposite op of this if the power rower is not I 1 in terms granted and is not necessary and roper proper for the exercise of a power which is thus granted it does not exist the doctrine laid down by judge field is that held by bythe the great jurists and statesmen of me the country from the beginning and the idea which is taking g acy hold hoid id of certain radical members of the republican party of establishing what they call a 11 strong strong government is the old heresy of ele the federalists and means the ther centralization of political power and the consolidation of the several states into one amal amai amalgamated a autonomy or empire in other othen words it is revolution the entire I 1 destruction st of the system of government established by the failers fathers of our country ana aga against dinst this every lover of W hi race i and bporter supporter all ali of popular sovereignty should use hil kli the influence at it his is command and the admission of the right to exercise j these thesie implied powers over the tarri territories Is but the entering wedge to its domination of the states statts resulting in the overthrow of true republicanism and the utter down fau faH of 1 recy mr potter in another part of article casts some slight doubton the statements and statistics of mccurtis ainz curak r in in regard to education in utah and motes urotes from an aur article articie hithe lithe hii fhi the W wooi by prof geo N mallm of oti colorado Jo lorado college e who affirms that 1 the cormons mormons Mor mons havo haye A 81 strong jwia imia 1 l 04 their young peoble people by means of their system ot of schools from which non mormon teachers are excluded andin anden an d in which thich mormon doctrines doc doo trinus ane are taught jui jul an iiii inki 0 kr gotter Potter seems a little bewildered y gerthe arthe contradictory statements of I boyters and travelers in regard boutah aldno wonder bult buc if he dds IMs to facts they can be easily ascertained and he should be aware that he cannot expect to get got them from bitte la brej prejudiced theological ene rill fili lot lol the people of utah now 11 does lir bir INI marden arden of colorado 3 know more morg than what somebody has told him hini of the methods of con ducting schools in utah lie he may believe that mormon tx A doctrines s iare kare assiduously taught in the chool schools dh ool of uta utan u but those who lold told j better belter such statements lambden naye nave been made by professional preach r ers ors and teachers when the country for f funds and also aiso by bf govera gover other equally in lil 1 cipley amk anto untruthful fid ua and ancl III in the way in they are arc presented present ed to the public those statements are anten tio nally deceptive therease there Ther eare are arc in utah three kinds of plis ills choals sunday schools in which rc m legious tenets ts aro taught sectarian i aday schools by various religious denominations and district i v schools sch ach which are public day schools supported largely by taxation and part a rt jy by tuition lees fees in the latter iatter mormon doctrines are not taught rand those who assert that they are a either zeither lie for ton a purpose or have been deceived by those who lie but there has been a great change in the kind of lo 10 falsehood circulated concerning ed aduca uca aca 0 tion in utah buta but a very short timi time time avi since the same persons who now claim tol rol that the districts schools of utah ane anc schools in which mor 0 doctrines are taught ta tight declared there were no nop schools at all in k alb those by sec as it chris and thousands of wheedled out of ak the iha t tha pockets of benevolent people ople opie in 14 the cupon upon this bar barefaced elacey falsehood tola toia without blushing by methodist jr presbyterian esby terian terlan adl add and f J aplist preachers and teachers in lee lec VA Vi t tures ures upon utah and the mormon av nl Statistics officially prepared have made ii 11 thad that kind of lie dangerous dan erous erdus so they fall fali back on the otha other adopted adap ted by mr JM arden and the union anio nand and if lo 10 alluded to by mr potter Pott rott cr there e are afe some fomo persons who plas pias r tilter vlehr over their consciences a littie little atle bit m 1 l ohi ofa truth in order to deceive decalvo the public fa with an effectual anda andyes t save themselves from direct lying they declare they have heard Morr mornion howl boWl songs i sung and 1131 mormon ormon doctrines taught la the schools of utah they haveA eandi this in the sunday Sch bols the im freion that they have haye in the tS sno hooi SAo hool ois olg what is nw iq lly tu their tr intent and consequently iti in their thelle meanness anil and guilt plit pliz to the open lle ile lie of thel braver bauver aa ja dealers balers in deceit mr nir ua on investigation that Lother other popular beliefs about 1 mormon 1 wale signor ance I 1 11 Il lawlessness and general ln Tra vity are just about as trae hs athe a tilo the ac current yarns the schools noc lon absence of Scho school ois olg ign in utah terri terni tory tort TM n vi 1 I L uit ait |