Show AGREES WITH JUDGE BLACKBURN tim THE denver news has an article on the recent decision of the au court of utah in the case of the heir i ship dispute connected with the estate of orson oreon Pral Prat tand which affects the rights of the children of plural wives as inheritors of their fathers estate after denning defining the basis of the controversy the news says the case turned on a very simple question there was no dispute but the children had a right to inherit under the territorial statute of 1852 the conten contention tiou was whether the act of congress of jul july 1 1 repealed the territorial itu statute te or whether it did not the court held bold that it did and so decided but judge blackburn Blask Blaek burn held that if it did it was waa only by implication which conti construction true could not be affirmed by a court after commenting on the statute of 1862 lie he continued 1 I am strengthened in this opinion by the he act of congress of 1882 called the zat munds act section 7 of that act shows show that it was not the intention of congress to disinherit polygamous children for it says saya all polygamous children born before the first day of january 1883 shall ahall be legitimate making it clear that in m the mind of congress nothing was intended by the act of 1862 to disinherit polygamous children the act of the legislature of utah says nothing about polygamous children it only says illegitimate children But the act of congress goes further and says that polygamous children chi roren shall be legitimate if therefore the territorial law JAW by inference encouraged and countenanced polygamy much more did the law of congress and that idea cannot be entert entertained aimed lor for one moment the case will be taken laken to the supreme court of the united states and its ita importance arises from froin the fact that polygamous children have been allowed to inherit in utah ever since 1852 and until the passage of the edmunds law in 1882 judge blackburn is evidently right if f the law of 1862 repealed the territorial statute of 1852 there would have been no necessity for the act of 1882 the language of the act of 1882 makes it clear that congress regarded the utah law as in force that it ULM ateo regarded the custom as aa encouraging polygamy and hence it fixed a adato dats after which tile the children of plural wives could not inherit the plain im I 1 implication I 1 is that up to that date they bag had the right of inheritance otherwise the act of 1882 would have been unnecessary and su per high tk standing of senator edmunds V who 0 was the author of the act of 1882 as ft a lawyer also confirms this view of judge blackburn as the correct one that the opinion of the court will be reversed admits of little doubt if it now be announced that the act of 1862 annulled the utah act of 1862 1852 and for all these years the children 0 ol 01 polygamous wives have had no right of inheritance utter confusion w will follow in land titles and much wrong and injustice be accomplished |