Show JUDGE zane ON SCHOOLS LS AND THEOLOGY tim THE idea which some entertain that the decision of judge zane Z ane in the school tax case pronounces tho the district schools of utah sectarian Is incorrect the case stands thus the objector objectors to paying the tax have alleged lea iea ged certain things 11 in their complaint among the allegations are the un truths told about the sectarian character of the district schools and particularly of the seventh district school schoor present and prospective counsel for lor the trustees moved to strike out that part of the complaint as irrelevant arguing that supposing the statements of the complaint to bo correct the legislature has power to enact lavis lanys laws 0 governing o emin school affairs in the territory and rt it had not been alleged alle alie ad that anything had been done by the trustees trustee s contrary to law it was on tilts this point that the court ruled the decision does not rule on the truth or the falsity of the allegations in the complaint that question tion tiou was hot before court the veracity of the charges was not deputed it is yet to be challenged and the questions of fact are not to bel bei determined it was only the motion to strike out oat and the argument in support of that motion that was decidedly adversely judge J ude ud e zane thus summarized thel allegations xea gat eions ions lons the sub substance stange of them I 1 am of the opinion is that the church described professes ofes otes ses sep and does in fact teach that lir ft i is tile the right of ita its authorities or officials to regulate the conduct of its members in secular and temp temporal brai bral matters as well as in spiritual and that t this his authority it has hag received through revelations to its prophets and seers seers from the alanl almighty aty anu and and that it does I 1 in fact dictate to tile the trustees of the various district schools in the territory including this one oue oue one what rules and re regulations ions lons they shall adopt and assumes assume s to direct the branches to be taught and that through its direction and control devotional exercises are conducted in the schools and the youth are taught the doctrines and the falth faith of that church that in lil fact this school has been in the past and will be in the future a sectarian institution thal that these liese petition ers do not believe in the doctrines of that church and that they are unwilling to contribute contribute to the support of such a school either by paying a tax to build the schoolhouse in which the is imparted or to pay a tax for the employment of teachers taking in these allegations alterations as true which must be done T for r the p purposes arp oses of this matlon it would be difficult for any impartial reasonable person to come to any other other conclusion than that this school if established will be a sectarian school and that in fact the tax levied is levied for the purpose of building a sectarian schoolhouse his honor then discusses the question Is it competent for foi for li the legislature of the territory of utah to compel persons to pay a tax for the support of a sectarian school this sur sug he e decides in the negative he iila admits that courts in this country have decided that git sit it is proper to io read the bible bibie in the schools and to teach it buethe bud but the right to teach the particular creed of any church has been denied and to require the people of on one e denomination to disseminate the religion of any other denomination is a plain violation of religious liberty ile he argues that while the organic act gives the legislature power overall rightful subjects ol of yet in inthis this country can a man be compelled to pay a tax to build a house in which a se sectarian school Is taught or for the support of a sectarian school the remedy ills his honor holds when such a state of thin thins things s exists as set forth in the complaint Is Is by injunction to restrain the collection of a tax levied forthe for the building of a house in which a sectarian school la Is to be taught or for the support of such a school ile he goes further farther and announces this proposition that providing the allegations in the complaint are true arell aneli A religion is to bo taught not such as is based on orl the bible but prophets and seers of this church have hav gone egone out outs side of the bible and reached the same original source from which the communications comi I 1 were made mady recorded in that book a and d that cannot be the christian religion the christian ren ret religion as I 1 understand it is taught by the tile bibie bibic bible bibie but here is a stipp supplement lement and I 1 hold that a tax levied for the purpose of teaching that reff religion mrion irion is certainly not for the thu purpose of teach ing n I 1 the christian religion it is levil lovil levied for or tile the of enforcing an ana teaching caching a religion which is claimed to have lave been commanded from tho great source of all wisdom aud power and goodness bodnes nes to the prophets and seers of tills this church more mure than elgh tean hundred years after the bible is supposed to have been written we do not think any one in lri utah will dispute the impropriety and lu busike SiKe e of attempting to compel any one to support by taxation a school in which the doctrines of a sect ale aie in which he does docs not bel bei believe I 1 eve eye the lat lal ter day saints or tt 11 mormons cormons 11 as they are usually called concede this indeed they set it t forth as a principle they would strongly object to paying taxes for the support of a methodist school and thoy they would not attempt to compel a to 10 a 3 mormon 11 school perfect breed breedom 0 in of religion compatible with the rig rightie gats of all is broadly advocated and demanded by the authorized ex of f their creed the te teaching achill 11 of ati ail any auy doctrine or tenet of in the dla dia is is not required or asked lor for or desired by the mormon church or its lead leaders ers ens irs and as a moat roat ter ler of fact it if does doey not euter into the tile district school system or practice iu in utah all allegations to the contrary ard are taise laise and lu in utie une case before the court are design edely and wilfully untrue what the le legislature Islat lire may way do is of course open to debate wo we do not know that we would diss dissent elit eilt from the views of judge zane on that question certainly we would not want power vested in our assembly to exer exercise cise clie power powen to compel citizens of one falth laith to support schools where the tenets jellets of another faith falth are taught we have always taken the ground that schools supported by taxation must be undenominational nomi national we shall not attempt to discuss the legal point as to the proper remedy in case cabe such a state of affairs exists as described in the complaint we think they ought to be if exist and if in 1 unction junction is the proper mode let it be oy by injunction by sir ait means the qu question estion of fact has now to be tried an and d if the plaintiffs can prove that in the district schools tile tiie youth are taught the doctrines and faith of the ch church rh I 1 that the seventh district school has been in the past and will be in the future a sectarian institution u 11 then they will be able to show some ground for their complaint but if they do then a ue tle can be turned into the truth and that which is not be cristali crystallized zed into a substantial reality these would be new things under the sun un ll 11 the doctrinal part of the judges opinion we consider out of place and that it is incorrect is susceptible susceptible of demonstration it is not the province of the judiciary to determine questions of theology nor to rule on the claims of any religion to biblical support and if tiie the tile prophets and seers ut ot this church have gone outside of the bible and reached teach reach the sante same original source f from rom which the communications were made recorded in that book does it not follow that the revelations received by y those prophets and seers must be in harmony with the bible and therefore on his fits honors own reasoning ID in consonance with the christian religion glon gion wo we are of the opinion glit that ha judge zane is not familiar with the religion which has come com from efrom the great source of all wisdom and goodness more than ei eighteen hundred years after the bibie bible is supposed to have been written I 1 and gand therefore is not a competent judge either elther legal or theological as to its claims ag as the identical christian religion portrayed in the bible T the c trial ot of the seventh district school tax case on its real merits ni will ill ili be looked for with great public interest 1 |