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Show UNCONSTIIUTIOHAL. The Infnmnin Mnlio Test Until Is So Doelnred. A special from Ilailey says that , Judge Stoekslager of the fourth district court has declared the Idaho test oath law unconstitutional. The case was brought hy a Mormon whom a registrar had refused to register because he refused to subscribe sub-scribe to the test oath. The Idaho constitution provides that no person per-son belonging to an organization that teaches or encourages polygamy poly-gamy shall exercise the franchise, j Under this clause the. legislature at its first session provided a test oath, the feature of which is that an elector must swear that he has not, since January 1, 1SSS, belonged belong-ed to an organization which teaches or encourages polygamy, etc. Since the Mormon church renounced re-nounced polygamy, its members have been qualified to subscribe to constitutional provisions, but they cannot take the legislative test oath. Judge Stoekslager holds that the legislative enactment abridges a right guaranteed in the constitution; that i the retroactive, retroact-ive, ex post facto and therefore void. A similar case will be heard by the supreme court next week. If that body rules as Stoekslager has done it will increase the vote of Idaho some 2,"0O and introduce a new clement into elections, the political complexion of which cannot can-not be accurat.'ly determined. |