Show THAT TEST OATH DECISION i THE gentile jubilation over the decision of chief justice hays at blackfoot in regard to the test oath Is a little premature the purport of the ruling w was as not made sufficiently clear in the brief dispatch concerning it that was received in this city the general impression is that it declared afie act constitutional which provides adest a test oath fot voters that is a great mistake it only affects the question of the qualifications of county and precinct officers the question before the court was in reference to the lawful possession of the office of county commissioner of bear lake Coun tyby two citizens who had been duly elected and were in every way qualified with the exception of taking a test oath similar to that pre prescribed for v voters oters by the legislative assembly of idaho at its last session they refused to take that oath believing it invalid and in conflict with the provisions of the constitution ution concerning legislation respecting pe an establishment establish of religion a and d tuf the application of religious tests to office officeholders holders judge hays has simply decided that the legislature had bad the right to prescribe that qualification for county and precinct it is a littie singular that only county and precinct officers are required to take the oath no territorial officer is compelled to suri scribe to it tile act in which it occurs is to be found on page 50 56 of the laws ot of the thirteenth essieu oes es siou it is an act to fix the amount of the official bonds of certain county and precinct officers and to subscribe official oaths of officers there is nothing bothin in it about voting the a aab cu in which the oath for voter appears is on page of the same laws it is bifilar to that prescribed for county and precinct officers but it has not been passed upon by judya judge hays for the simple reason that it was not be becore fore aim aud and the de decision cislon in frerard to one statute does bot cover tae ground of the other they are arc separate and distinct and for purposes the decision in regard to one does not necessarily affect twe tie other cudire hayti hays in ruling on the powers of abe legislature referred 0 the edmunds act aci in ill w aich it is provided viat a way may be challenged on account of his belief and he be argued that if congress could du clu that the legislature posses binz addle powers could certainly provide the qualities lion prescribed for county ana precinct officers granting this fur for arguments sake the voting question is still undecided for the edmunds act in section nine provides that a citizen shall not be excluded from voting on account of his beliel so fco if the judge J adge takes tile the adin edmunds ands act for his guide while he be may rule in favor of the test oath for county and precinct officers he may not consistently rule iu in its ita favor when applied to voters alow lar far tois mis distinction may be of benefit to voters at the present election does doea not yet appear the question ought to ue tully fully tested it is of sufficient importance to be carried r r i d u up P to the highest court of the I 1 land yd steps should be taken to bring it before tile the courts to deprive a vast body of peaceable and useful citizens ot of the franchise anchise ir because of their membership in any Ch church urellis is 4 an n 0 outrage u i rage upon them and a defiance ce 0 of f constitutional titu t tonal provisions that no real democrat can countenance or submit to those who tor for par party y ends wink at or encourage the infamy f my ar unworthy of the support por t of any good citizens and should not oe counted ht fit for osso association clation with any honorable man inan or party on earth i |