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Show wClrxQti Vol. Provo City, Utah, 3. Bank of GommerGe. THE IDAHO TEST with the time and cause of his February sive jurisdiction, is guilty of bigamy,' im- - lssVsJsCs 28, 1890. I Second. That the elective franchise OATH. prisonment, and to do and receive and Bhall be punished by a fine of not or the right of holding office shall not what should then be considered con- more than five hundred dollars, and he denied to any citizen on account for a term of not of race, color or previous condition of cerning him. On the return of the by imprisonment five be. UTAH. No. 48 $. y years.! The case writ, the sheriff produced the body of more than servitude; the defendant and also the warrant ing brought here, the court, after Third. That no soldier or sailor or DOES A 6ENERAL BANKIN6 BUSINESS: a to law of commitment in was he December which under other passed person in the army or navy, or referring Its Validity is Broadly and held, and tbe record of the case show- 1788, by the State of Virginia,' pun- attached to troops in the service of the his conviction for the conspiracy ishing bigamy and ' polygamy with United States, snail be allowed to vote ing Affirmed. Strongly fopelgp mentioned and the judgment thereon. death, said that from; that day there until he has made liis permanent doTo this return, the defendant admit- never had been a time in any stator of micile in the Territory for six months; the tact stated therein, excepted the Union where polygamy had not and. ting to their sufficiency to justify his . deten- been Fourth. That no person belonging ; j; The tion. Court to sufficient that the army or navy shall be elected holding AN OFFENSE AGAINST SOCIETY. BY THE U. S. SUPREME COURT. cause was not shown for the to or hold a civil office or appointment discharge G, S. THOMPSON. Cher. of the defendant, ordered him to be Cognizable by the... civil courts and in the Territory. to the custody of the sheriff. punished wth more or less severity; remanded Pres. These limitations are tiie only ones . Valley, ' From this while.-- from placed upon the authority of territoradded: the defendant and judgment Marriage, Tiie Clnim of ItellsrioiiM Jf.lberty appealed to this Court. (II. g. Sec. its very nature a sacred obligation, is, ial Legislatures against granting the not be MtretclieU to C'ovcr Dr. G. W. SHORES. nevertheless, in most civilized nations light of suffrage or of holding the right Crimea CoIIumIou with nntl 1909.) :LEHDIflG HOUSE Ity DRESS a civil contract, and. usually, regulated of suffrage or of holding office. DECISION. ( In Union Block and u Crime (Tplioldlngr Proper to law. have it the be said Uppn society may power, therefore, They Smoot & Co.s Drug llenaon for lMatVnnchiaemeut Office February 3, 1890, Mr. Justice Field, by be built, and out qf its frnits spring prescribe any ( Store. the case, delivered the to When the I.eglMlnture No after stating social relations and social obligations M'UIm. REASONABLE QUALIFICATIONS opinion of the Court: On this Res. 1 blk east o Roberts House. government is our only inquiry is whether theappeal Dis- and duties, with which to deal. In fact, Of voters and for holding office not intrict Court of the Territory had juris- necssarily required as or polygam- consistent with the above limitations. monogamous according of the offense charged in the ous A. Shores, M. D., Court of the United States. diction are Supreme allowed, do, we find In our judgment, section 501 of the re-- 1 marriages indictment of which the defendant tire No. 1261. October term 1889 on which vised statutes of Idaho Territory whicli the governAND SURGEON, guilty. If it had jurisdic- mentprinciples PHYSCIAN Samuel D. Davis, Appellant, vs. II. was found to a of the less or people, greater provides that no person under guardwe can go no farther. We canO. Beason, Sheriff of Oneida county, tion, rests. non compos mentis or insane, to the And, extent, referring ianship, look not errors into in its Ray son, Utah. any alleged Idaho Territory. Appeel from the nor he statute said: is consti It cited, person convicted of treason, any on the of trial the defendant. tutional and valid as a.t Residenoe, Offloe of the Terri- rulings Third Judicial District or a felony, bribery In this Territory, or priscribing The writ of habeas corpus cannot be and over M. D. Simons Milliner store. tory of Idaho. of action for ail thot-- residing in in any other State or Territory m the turned into a writ of error to review rule sstored to civil right the Territories, and in places over action of that court. Nor can we in- which STATEMENT. Attends all calls toy or night- WE. JOHNSON. the United States liave exclu- nor any person who is a pigamfst or ALBERT BlKdliETOX. In April, 1889, the appellant, Sam- quire whether the evidence established sive This control. or who being so, tbe only polygamist teaches, advises, uel D. Davis, was indicted m the the fact alleged, that the defendant question which . remains is,' whether counsels, or encourages any person to F. F. REED, District Court of the Third Judicial was a member of an order or organiza- those polygamy a part of become bigamists or polygamists, or to Mormon Church, their who make District of the Territory of Idaho, in tion known as the Latter-daard religion excepted from the commit any. other crime defined by y the county of Oneida, in connection called the Church of Saints, operation of the statute. . law, or to enter into what is known If or or the fact the that order with divers persons named, and divers organiza- then those who do not make they are, as or celestial marriage, or who polygamy other persons whose names are un- tion taught and counseled its members a part of their religious belief may be is aplural 9 member of any organization or an devotees to and commit of crimes the conto known the grand jury, for a and found sociation While which coun Bum, No. 10, IMBnilliM, punished. teaches, guilty advises, spiracy to unlawfully pervert and bigamy and polygamy as duties arising those who do must be and go sels or encourages its members or deMANUFACTURES AND DBALER9 IN UTAII. obstruct the due administration of the from membership therein. On this free. This would beaquitted PROVO, a votees or other persons to commit introducing we can laws of the Territory, in this that they hearing only consider whether, new element into criminal law. Laws the crime any or bigamy or polygamy, would unlawfully procure tliemselyes these allegations being taken as true, are made for the government of act- any other crime F. H. SIMMONS. M. D. defined by law, either an was offense which committed of to be admitted to registration as as a while or cannot and of such order, rite interfere ions, they ceremony Melectors of said county of Oneida for the Territorial court had jurisdiction with mere religious belief and opin- organization, or association or othertiie general election then next to oc- to try the defendant. And on this ions, they may with is to vote elecat wise, Suppractises. any permitted discusbe can no serious cur in that county, when they were point there or to believed office hold or human June that pose tion, any position not entitled to be admitted to such sion or difference of opinion. Bigamy sacrifices were a necessary part of of honor, trust, or profit within this and polygamy are crimes by the laws registration, by appearing before the af worship, would it be serious- Territory, is not open to any constif3T Oflics two doors north First respective registrars all civilized and Christian coun- religious of all sorts have just opened up with a of the election contended that the civil government tutional or legal objection. With the ly are crimes of the tries. laws at and National Bank, residence, precincts in which they resided, and They by under which be lived coula not inter- exception of persons under guardianthe United Slates, and they are crimes fere Prove, Utah. taking to prevent a- sacrifice? Or if a ship er of unsound mind it simply exlaws of to the Idaho. tend by . They Office horn ra B to 11 a. m and 8 to 6 p. m. wife THE OATn PRESCRIBED religiously believed it was her cludes from the privilege of voting, or redestroy tbe purity of the marriage office to of an herself or burn of trust funeral the honor, holding upon duty A. SAXET. J. nr. V. WHITXCOTTOn. By the statute of the State, in sub- lation, to disturb the peace of families, IN of her dead husband, would it be profit, those who have been convicted I do swear (or to degrade women, and to debase man. stance, as follows: eyond the power of the civil govern- of certain offences, and those who adaffirm) that 1 am a male citizen of the Few crimes are more pernicious to the ment to prevent her carrying her vocate a practical resistance to the United States of the age of twenty-on- e best interests Jof society and receive belief into practice? So here, as a laws of tiie Territory and justfy and be on will the 6th day more general or more deserved punyears (or law of the organization of society un- approve we are prepared to fur Having Purchased for of will November. have To I 1888; that from ishment. extend (or exception exclusive' der .the dominion of the COMMISSION Attorneys and Counselors at Law. THE OF CRIMES Terriin this for such crimes would be United have) actually resided nish punishment the an most at States, it is provided that Foi bidden by it. The second subditory four mouths and in this county to shock the moral judgment of the 1 1 ahull not be allowed. marriage plural To next of call lowest vision 504 the the of section their advocacy Can a man excuse his of the Revised (lay preceding thirty days possible figure. Call and examine our stock and practices to the Statutes of Idaho, requiring every pera tenent of religion is to the next ensuing election; that I have community. beUn stairs oyer Bank: Building, because his of contrary religious ever been convicted of treason, felson to have his name regisget a perfect fit and save money. OFFEND THE COMMON SENSE. lief? To permit this would .be to tereddesiring or bribery; that I am not regisas to voter a an take ony, oath that Provo Oity tered or entitled to vote at any other Of mankind. If they are crimes, then make the professed doctrines of relig-iou- s he does not belong to an order that adin this Territory;- - and I do to teach, advise and council their practSc vises a disregard of the criminal law A - 1WT IVldiLlii. place Mrs. lViary rtii eCie f s uferIo k to the lIV further swear that I am not a bigam- ice is to aid in their commission, and of the Territory, is not open to any ist; that I am not a member of any such teaching and counciling are Of the land, and in effect to permit valid legal objection to which our atorder, organization, or association themselves criminal, and proper sub- every citizen to become a law unto tention has been called. ' which teaches, advises, counsels, or jects of punishment, as aiding and himself. Government could exist on The position that Congress has by lv in name under such circumstances. its statute, covered the whole subject encourages its members, devotees, or abetting crime as in all other cases. The term religion has reference And in Murphy v. Ramsey, (114 U. S. of punitive legislation against bigamy any other person to commit the crime of bigamy or polvgamy, or any other to ones views of his relations to his 15, 45,) referring to the act of Congress and polygamy, leaving nothing for Office at Residence, crime defined by law as a duty arising Creator, and to the obligations they excluding polygamists and bigamists Territorial action on tbe subject does or resulting from membership in such impose of reference for his being and from or holding ofjice the not impress us as entitled to much Twobl k east Of Koberts House. I order, organization, or association, or character, and of obedience to his will. court, voting ieh) weight. Tbe statueMDf Confess of speaking to l! which practices bigamy, polygamy, or It is often confounded with the cullus thaws, saidL Uf l'ta March 22, 188& .meiufting: a Vjfavious fixildfcarries a full Une of Choice ' tion d sectlontdfte ReJtfi jstat teS"xu marriage as a doc- - or. form of jtorship'of a peculiar sect, can be supposed vnllvlplaral THAO that but it if distinguishable from the lat- necessary in tbe hattro LIUUIAnU & ;ee, reference to mgamjCT AVutres or pri- - ter. The first ' amendment to the or any fcf'Aoisi --net biting, polygamist, coni,, I one t mate with more tmif0&iAotasir; whatever, Constitution, in declaring that Con- take rank--ayd no vately, or in any manner contractors amd BUILDERS. or advise counsel, encourage gress shall make no law respectingthe States of the Union, than that which woman cohabiting with any 5 the teach, UTAH. any person to commit the crime of establishment of religion, or forbidd- seeks to establish it on the basis of the persons described as aforesaid this PROVO CITY, bigamy or polygamy, or any other ing the free exercise thereof, was idea of the family, as consisting in section, in any Territory or othr place crime defined by law, either as a reli- intended to allow every one under the and springing from the union for life over which the United States have exAre prepared to do all kinds of BOOTS AND SHOES, gious duty or otherwise; that I do re- jurisdiction of the United States to of one man and one woman in the holy clusive jurisdiction, shall be entitled to vote of In United election at held Constitution such notions his SfBMB Work, Eipedlllouriy the entertain state of matrimony; the sure foundaany any gard the respecting HATS, CAPS, NOTIONS, Etc States and the laws thereof and the relations to his Maker and the duties tion of ail that is stable and noble in such Territory or other place, or be and at the laws of this Territory, as interpreted they impose as may be approved by our civilization; the best guaranty of eligible for election or appointment to, I Come and Examine the courts, as the supreme laws of bis judgment and conscience, and to that reverent morality which is the or be entitled to hold any office or place : PRICES. by LOWEST the land, the teaching of any order, exhibit his sentiments in such form source of all beneficent progress in of public trust, honor, or emolument or association to the con- of worship as he may think proper, social and political improvement. And in, under, or for any such Territory or Persons intending to build would do organization, so help me not injurious to the equal rights of to this end no means are more direct- place, or under the United States. trary well to Address Liudiard & Sons I O. God, notwithstanding, when In truth, each of the de- others, and to prohibit legislation for ly and immediately suitable than (22 Stat. 31.) Box, 40, Provo City. This is a general law applicable to fendants was a member of an order, the support of any religious tenants, those provided by this act, which Courteous Treatment and Low Prices. or the modes of worship of any sect. endeavors to withdraw all all Territories and other places under organization and association, namely, the Church of Jesus Christ of Latter-da- y The oppressive measures adopted, and political influence from those who the exclusive jurisdiction of the .It Saints, commonly known as the the cruelties and punishments inflict- are practically hostile to its attainA. restrict the legislation of Mormon Church, which they knew ed by the governments of Europe for ment. enconto or over HOME to counseled offenses and tories kindred assumed counsel of is advised, compel the oyer ages, many peby parties it taught couraged its members and devotees to form, in their religious beliefs and titioner that because no mode of wor- the means for their ascertainment and Center Street, Provo City, Utah y modes of worship, to tbe views of the cases of in and The which crimes tiie the po-commit can or established be bigamy your By buying ship religious firevention. of Congress will supersede as duties arising and resulting most numerous sect, and the folly of tenets enforced in this country, therein that way to control the fore any form of worship may be fol- the legislation of a State or Territory, rom membership in said order, attempting and association, as they all mental operations of persons, and lowed and any tenets, however de- without specific provisions to that efL. 8. WOOD. M. J. DALRT. an outward conformity to a structive of society, new, practiced bigamy and polygamy may be held and fect, are those in which the same matand plural and celestial marriage as prescribed standard, led to the adopt- advocated, if asserted to be a part of ter is the subject of legislation by both. doctrinal riteB of said organization; ion of the amendment in question. the religious doctrines of those advo- There the action of Congress may well and that in persuance of said conspir- It .was never intended or supposed cating and practicing them. But be considered as covering the entire Of M. Mickelson, acy the said defendants went before that the amendment could be invoked nothing is further from the truth. ground. But here SPRINGVILLE, --) DEAL IN ALL KINDS OF the registrars of different precincts of as a protection against legislation for Whilst legislation for the establishOF NOTHING IS KIND. THERE Fork, TniS Spanish the county (which are designated) and the punishment of acts inimical to the ment of a religion is forbidden, and The act ol Congress does not touch . . took and had administered to them peace, its free exercise permitted, it does not '' upon aforesaid. teaching, advertising and coun1 ! the oath follow be which that respectively everything may V : H OUS GOOD ORDER AND MORALE the pratice of bigamy an poly- Choice Parlor Sets, seling so called can be tolerated. Crime is THE DEFENDANTS DEMURRED Of society. With mans relations to not the less odious because sanctioned gamy, that is, upon aiding and abetBed-Rooof those crimes Sets, Just opened in American Fork, To the indictment, and the demurrer his Maker and the obligations he may by what any particular sect may des- ting in the commission Elegant means mode nor the upon adopted, by near the Young Mens being overruled they pleaded separ- think they impose, and the manner ignate as leligion. Tables, Chairs, Sofas, Carpets and of the oath required for registration, It Hall. ately not guilty. On the trial which in which an expression shall be made only remains to refer to the laws to in this line at Everything from enabled persons prevent being followed on the 12th of September, by him of his belief on those subjects, which authorized the Legislature of to Everything new and votes their defeat the criminal 1889, the jury found the defendant no interference can be permitted, the Territory of Idaho to prescribe the by laws of the country. pibst-clas- g Samuel D. Davis guilty as charged in prvided always the laws of society, qualifications of voters and the 5 The judgment of the court below is In all its appointments. Our Parlor, the indictment. The defendant was designed to secure its peace and prosTHEY WERE OATH affirmed. therefore are REQUIRED and I fine Dining-Rooa to of morals of sentenced its people, I pay thereupon WALL perity, and the Note. The constitutions of several the second to none in the $500, and in default of its payment to are not interfered with. However to take. The revised statutes provide freefor religious he confined in the county jail of free the exercise of religion may be, that the legislative power of every States, in providing County, being centrally Undertaking Business Carefully Attended to. have declared expressly that located. It will be Oneida county for a term of not ex- it must be subordinate to the criminal Territory shall extend to all rightful dom, freedom In all the Latest Designs A Grand Variety Complete Bhall not be co :strued to to the advantceeding 250 davs, and was remanded laws of the country passed with refer- subjects of legislation not inconsistent such acts excuse or of to Commerlicentiousness, all of Assortment, and at to the custody of the Bheriff until the ence to actions regarded by general with the constitution and laws of the age inconsistent the with practices cial Travelers to stop justify as be consent Bhoultl of satisfied. But the no States. United law subjects shall be properly judgment be Duplicated in Utah County. the State. Thus, Prices, IVfark You, that Cannot here. It is also the best There have passed interfering with the primary peace and safety ofofNew Soon afterawrds, on tbe same day, Eunitive legislation. Remember Ua, 1777 of York constitution the bewhich denied as a part of disposal of tbe soil; no tax shall lie imthe defendant applied to tbe ceurt place for Theatrical companies, exeras The free follows: obSc provided and to stop at, being the nearest place was tenents their religious that there posed upon the propeity of the United fore which the trial had, and enjoyment of religious pro- - SPRINGVILLE, to the Theater. Utah. tained a writ of habeas corpus , alleging should be any marriage tie, and advo- States; nor shall the lands or other cise fession worship, without discrimrestrained intercourse was cated and of lie the property of be taxed ination and that promiscuous imprisoned TERMS REASONABLE. or preference, shall forever his liberty by the sheriff of the sexes as prompted by the passions of higher than the lands or other property be allowed, within this 'nte Special rates to Theatrical troops. of hereafter was members. And S. discloses his sec. its by of residents. that history imprisonment (R. 1851.) county; ail to Provided, Thai lie mankind; Under this general authority it virtue of his conviction and the is- the fact that the necessity of human Afr.s. C. Af. Holey, liberty of conscience, hereby gra( ed, mentioned and the warrant sacrifices, on special occasions, has would seem that the Territorial legis- shall as to excuse sued thereon; that such imprisonment been a tenent of many sects. Should lature was authorized to prescribe acts ofnot bs bo construed Alex. or justify prac-- 1 licentiousness, sect these of such a ever of either kinds and was for that voters illegality calculated any qualifications illegal; 1 DIALER IN with the peace or consisted in this: l,thatthe facts in the find its way into this country, Bwift to secure obedience to its laws. But, tices inconsistent of State. this safety consti(Art. XYX VIII.) not would follow the carry in addition to the above law, section Home Made and Imported indictment and record did of its doctrines, and no 1859 of the Revised Statutes provides Tiie same declaration is repeated in a public offense, and the acts fiunishment tute and heed would be given to the pretense that every male citizen above the age the Constitution of 1821 (Art. VII., charged were not criminal or punishsec. 8) and in that of 1846 (Art. I., statute or law . of the that, as religious beliefs, their sup- of twenty-onunder able any including persons who sec. 3.) Done. except that for the words here- so of the much could be Repairing protected in their have legally declared their intention porters Territory; and 2, that by granted, tiie words hereby sestatute of the Territory which pro- exercise by the constitution of the to become citizens in any Territory cured Rubber Goods Repaired. are substituted. The Consti-- 1 to States. entitled no regnever is United before hereafter organized, and who are vides that Probably person of California, Colorado, Cement tutiona Has opened his Office at the Leather is a and Rubber I in the history of this country lias it actual residents of such Territory at ister or vote at any election who Illinois,! or Florida, Georgia, been contended of the of one door member that the the time seriously any order, organization organization thereof, Mens Co-oYoung For sale at the sign of the Minnesota, Mississippi association which teaches, advises, whole punitive power of the Govern- shall be entitled to vote at the first Maryland, Nevada west Breeders of and of New Store Importers and South Carolina Wlghtmans ment for acts recognized by the gener- election in such Territory, and to hold Missouri, BIG BOOT, counsels, or encourages its members, where he is to do FIRST a contain similar declaration. com to prepared consent of al the Christian world in any office therein; subject nevertheless, or any other person Ontar Street. - halt block Wwt of Bank. devotees, in the most CLASS DETISTRY mit the crime of bigamy or polygamy, modern times as proper matters for to the limitations specified in the next Shire Suffolk Punch, English or any other crime defined by law, as prohibitory legislation, must be sus- section. namely, that in all elections REAapproved style. PRICES Son as a duty arising or resulting from pended in order that the tenents of in the Territory subsequently organThomas Child SONABLE. ALLWORK WARAND CLEVELAND BAY IIORSES membership in such order organiza- a religious sect encouraging crime ized by Congress, as well as at all RANTED. or association, or which practices may be carried out without hindrance. elections in Territories already organtion, or SHETLAND AND Have MON U M or On or PONIES, this the obserations of ized the qualifications of voters and plural, subject ABOUT THE SOUTH polygamy, bigamy, Payson City, - - Utah. celestial marriage as a doctrinal rite this court through the late Chief Jus- for holding office shall be such as may flJUTX) Address with Stamp. is a law re- tice Waite, in Reynolds V. United be prescribed by the Legislative Asof such organization Short-Hor- n &Holesten Cattle of as States an U. establishment S. each , of religion, (98 145, 165, pertinent specting Bubject, sembly at in violation of the first amendment of 160.) In that case the defendant was nevertheless; to theTerritory, DEPT THEOFFICIAUMMICRATION following restricindited and convicted under section tions: the Constitution and void. Utah, to Springville, -? The court ordered the writ issue, 5352 of the Revised Statutes, which First, That the right of suffrage OF TUB FIFTEEN SOUTHERN bereturnable For Sale at All Times VIGORto declared the directed that sheriff, at CStock Haata STRENGTH every person having a and of holding office shall be exercised STATES. And at Chas. Brewertons, fore it, at 8 oclock in the afternoon husband or wife living, who marries only by citizens of the United States Maw la wli KWf on Terms. Reasonable of that they, commanding tbe sheriff another, whether married or single. above the age of twenty-on- e Mmatli.ui,iuniMRiaiNiinanin or persons CALL ROBINSON, Sccry. IkaaMato MfcUW MU nUTIUT-lw-fli I Payson. to have the body of the defendant be- In a Territory, or other place over above that age who have declared a. ify fraw HltoUa Imlp r..i li. Wit Saat. wala.allM ' court hour at which the the fore the United States have exclu- th?ir intention to become such citizens; designated, All work embmumoaL ocCTbuffaLo, n y PROVO CITY, UTAH. Raleigli, N. C. Box 17. PROVO, issues apd dorpesbic exGapge. - ' Pc J. M Fill & . , 600D8.i cioUifi), J. & Furnishing Goods. .ttProvo Olty.i . e Resident Dentist, i Sinoleton . I itygaieinn ;Clothing Choice Stock, - Saxey & Whitecotton, Cash Fashionable Goods Best & 12r rin & Gents Furnishings Surgeon. Rooms Johnson Johnson. Singleton I the Electropathist. West End Store f ' -- self-governi- ltMlESrDRY''CSODS; Hardware Qaeensware, ng s - ' . OUR LARGE STOCK OF GOODS, i Patronize JOS. INDUSTRIES MONUMENTS TOMBSTONES in-for- HARRIS, Proprietor. ce Wood & Daley, (- u B0 6 m WALLOPERS Bed-Roo- m PAPERS Wood IDa,ly. non-reside- lrop. Hedquist, jud-me- Dr. nt Shoes. BOOtS nts J. P. TILSON, e. 1 Con-netic- ut, MARTIN & DRAKE p, For Information ENTS -- TOMBSTONES, FOR MEM ONLY warranted. " f ni ' V-- 5 ; CM! V :r |