Show THE IDAHO TEST OATH BOISE idaho oot oct IS 18 liae supreme court has bas unanimously sustained the constitutionality of the idaho test teat oath law jaw the decision de cleion in which the con COB elusion is reached was handed down by justice hudson at p m in the one case of joseph joeph B R sheppard vs v H green Green Oreen mett registrar of parla paris precinct bear lake county the case was wag argued a week ago in lewiston Lewic ton by judge C W bennett of salt lake and others othen the plaintiff is a mormon who offered to remitter register upon subscribing to the oath embracing the provision and ignoring the additional qualifications qualification of the text test oath law enacted by the first state legislature the additional qualification la is that an elector shall ahall not since january 1888 have belonged to any organization that teaches or aught encourages encouraged or encouraged polygamy the constitutional provision bei being ng imply that he shall ahall not dot practice polygamy or belong to an organization that teaches or encourages cou rages it an application was wai made to the supreme court for a writ of mandamus manda mua to compel the registrar to relater regi ater sheppard the he constitution provides proT idea that the legislature may provide additional qualifications for foi the exercise exe roice of the right of suffrage and under tinder tola this provision the legislature adopted the additional dit ional qualification referred to the principal objection urged to this thin was allegation that it was waa retrospective S an post facto and therefore vold void 1 r ex tha court however finds finda thin thia provis dobeis not come under the character IOU the ex pont poat facto law which relates relate 1 penal and criminal to 1 proceedings proceed inea wh affect private rights is retrospect A and not applicable to civil laws lawe but i T the penal and criminal laws lawa only to th right of franchise fran chiae was next takei and shown show a to be a privilege leee considered rian than a right aright over which the thew law ratheim 10 M it tug ing power when no BO authorized ban constitution has entire authority by tha prescribe such I 1 to deemed best beat N numerous casen gaea as a cited and the history of th the 9 a ae legislature gi slature in idaho is briefly viewed re ire in refusing to grant the mandaw and voting the law to be entirely TO AUB B the court clon 11 states t h EI t if i cum stances have ari arteel me air n ilinoe finlo ig t the t ke L were passed to make it desirable the law should be changed chrit th appl icat must be made direct to t the he legislature cation this decision dec lalon will prevent chels the mom from voting at the election thor vl mouth month next lex |