Show THE IDAHO TEST OATH INIQUITY THE following communication presumed to be from the pen of captain john codman ap appeals pearis in the columns of the now new york post to the editor of the evening post SIR the telegraph lre ports of boise city idaho november 6 5 that fred IF dubois rep is elected to congress over john joha hailey dem by ma jolita this election will doubtless be contested mr hailey stood as the democratic candidate pure and simple mr dubois tre represented presented the combined forces of republicans and anti mor moustfe mons the latter party being the strongest mr halley hailey had declared himself an opponent of polygamy but has insisted that taa t the religious question ought not to enter into politics many mormons cormons would have refused to vote for him on account of his first position ion on the other hanc hancl l his refusal f to endorse the test oath at as applied to the mormon church perse per ae would have given him mavy s supporters up porters who are members of that denomination but no member of the mormon church polygamist or monogamist was allowed to vote belag precluded from the franchise by bathis this territorial territorial law SEC 1 no person under guardi co compos pos mentis or insane or any person convicted of treason felony or bribery in this territory or in any other state or territory in the union umon unless restored to civil rights or any person who is a bigamist or polygamist or who teaches advises counsels or encourages any person or persons to become bigamists biga mists or polygamist sor soi to commit any other crime dellner bylaw or to enter into what is known as plural or celestial marriage or who is a member of any order or der organization organisation ol or association which teaches advises conn counsels selsor or encourages members or devotees or any other persons 0 to o commit the crime of bigamy or polygamy or any other crime defined by law either as a at rite e or ceremony ot of such order organization or association or otherwise shall be permitted to vote at any election or to hold boid any position or office ot of honor trust or prout within this territory it remains to be seen what view the house ho use of representatives will take of this summary exclusion of voters because of their religious belief J C b new york november ath we do not know what course delegate hailey proposes to pursue in reference to this matter belore the house of lives but J C has had placed it co correctly r T estly before the public toe tat law which he has cited is backed up by a test oath embodying all the objectionable features of the law jaw and it is f further ar enforced by provisions raking making it cri criminal migal to vote under tue the disabilities thus created the penalty being a line of not less leps than a hundred nor more inore than a thousand dollars or imprisonment in the county jail for not less than thirty days nor more than one year or by we hope to see this un american and afati legislation tested either in the house of representatives or the supreme court oi 01 the united states or both it is already settled in law for the time being at ac uny any rate taut mat practical ty may be deprived of the franchise how lar far the clause disfranchise ing kersens who teach advise counsel or encourage to be oame polygamists mill be sustained remains tu to be seen and ad it is yet to be determined what action or teaching can be construed into such advice the right to advocate the ri rightfulness ulness of polygamy cannot be lawfully denied to any american citizen preaching an unpopular doctrine and advising a or persons to commit commie an act forbidden lor bidden by the law are two distinct and different things if tie latter may be viewed as criminal the former cannot be in any degree but bat the ancon and inherent wro wrong D of tile the provision against membership in a religious or other body or association holding certain views and teaching certain doctrines doctrine will not be disputed by any person but an antl anti mormon 01 the bui UIL erest Lerest type cylie it is well known that there are a great many members of the mormon church who neither practice polygamy themselves nor advise or encourage others to practice it yet because of their membership in a church which permits or counsels plural mar ariage among a portion of its members the monogamist communicants in idaho are franchised disfranchised dis with the rest the supreme court of the united states has virtually ruled against this wy by declaring that it is time enough for legislation to step in upon religious matters when they break out into overt acts against peace and good order it is no overt act against peace and good order to belong to the church of jesus christ of latter day saints even if that church holds to the rightfulness of something that the law condemns de not until its members violate the law can they be made amenable to the law and those of them who abstain from such violation cannot be lawfully classed with those who do not eitner to be counted as cAmi criminals nals or deprived of any legal right or privilege le e to illustrate this let the catholic doctrine of celibacy be substituted for the mormon doctrine of plurality of wives congress has just as much I 1 light ight to prohibit celibacy as polygamy in the territories it if it may be decided that it is against public policy for men to have large families it may certainly be decided that it is against public polley policy for able bodied men and women to de be prevented from 11 fillingi the measure of their creation land and becoming active participants in the building up of the state both nature and the perpetuation of the race and the community forbid the latter while neither can be correctly cited against the former if it be argued that catholic celibacy is only bract bed by a portion of the catholic body il t is replied that i mormon plurality is s only practiced practised by a portion ot the mormon al ormon church suppose then that a law was wall enacted dis franchising all persons male and female specially devoted to a life of celibacy such as priests and nuns where would be the justice or the right of dis franchising all Cat catholics holles because they are members member of an bation or association which teaches advises counsels or encourages members or devotees or any other persons to practise the crime of sworn celibacy either as a rite or ceremony of such order organization or association or otherwise would not so do infamous an enactment cause a burst of indignation throughout christendom put circumcision ja in the place of celibacy or polygamy and forbid the practice as an offense against children an overt act that may be legislated against although a matter of religion following the reason of the anti polygamists and where would be the justice or the right of dis franchising all jews because they belong to an order or association which teaches encourages and advises circumcision the law is clearly an attack upon the right light of belief surround it with all the sophistry you please and ana it is an assault upon the freedom of conscience an attempt to destroy ous liberty that any democrat can endorse it is a proof thal thai he be is not what he be professes it can only be defended on the ground ot of antl anti mor mon expediency the plea of anything to beat the mormons cormons at the polls it is simply an iniquitous scheme to give antia anti A mormon I 1 ormon minorities the supremacy and thus destroy the real democratic principle that the majority in each locality shall rule in local affairs there are hosts of people throughout the country who are opposed to polygamy most of them through lack of understanding but there are deiy few except the unreasoning bigots and malignant fanatics who would countenance a law that deprives citizens of their commonest com monist rights simply because ot their membership in a church ch which allows a portion ot its adherents to contract larget larger family obligations than most people like to undertake and any party court or nati nation olaf professing to be republican and to support religious liberty that will uphold such a law deserves desei ves to be damned politically and in every other way we desire to see this matter tested aud and there are methods I 1 ly by which it C can be done both in the legislative c and the judicial departments let it be pushed to the end |