Show H el I 1 all THE DECISION I 1 the test oath is constitutional polygamy gamy bad D NIS THE IrPEL AP PEllin LUT KEPT 11 another cislon illich ailt ill the ht better Sath faction flouti avins as leai Asa uit ilist buford ford mm the V U S noreme court down ili its de D wm oil the test bath washington feb 3 the supreme court of 0 the united states today to day rendered an opinion affirm trig the constitutionality ot of tile idaho teat test oath which is intended to prevent the mor alor mona from voting the case came cam pill up on oil a writ of habeas corpus ma made tie by simuel samuel D davis who is in jail in idaho having been sentenced for unlawfully taking the prescribed teet test oath when he was a member of the mormon church the court denies the application for a writ of h iblas corpus holding that polygamy is a crime and that the constitutional provi provision blon guaranteeing freedom of 0 religion is not anten kd lej to prevent the puni ot of any parson person who in ti alie e name of religion commits a crime in the tile eyes of the law davis was not a polynomial polygamist but simply a member of the mormon church the court in its opinion says bigamy and polygamy are crimes by the laws of the united states and of idaho they tend to destroy the purity of the marriage relation to disturb the peace ol 01 families to degrade women and debase debaie men few crimes are more pernicious to the best interests of society and receive more gener general at or more deserved punishment ish ment to call their advocacy a tenet of religion is to offend the common sense of mankind to extend exemption from punishment for such crime would be to shock the morat judgment of the community it is assumed by counsel for the petitioner that because no mode of worship caa vall be cn es by law or religious tenets enforced in this country cheref re auy any form of worship m my I 1 y ba followed and slid any tenets however destruct ve of s biety may bo be held and advocated alsoc cited if it asserted to be part of the religious doctrines of those advocating and practicing icing there them B iset ut nothing ie Is further from the truth while wilile legislation for the establishment of religion is forbidden and its free exercise is is permit ful it does not follow that e every very everything tiling thing winch which may be so called can be tolerated toler aled cd A crime is not lees less excused Lo causa the sanction of any p particular sect may desi designate desiga goate ato it as religion 1 GEN IOSBY WINS HIS 1118 SUIT 8 the court also rendered an opinion directing the court of claims to enter in judgment for 11 in favor of julin john A mo to by in his suit against t tl the united slates states for cen til aea ti turned irn e ld over to the government which eliell lie claimed belonged d to him MOTHER 11 UTAH la cuffed ax v boutz ahe the cearl court affirms mills the tb tight of free fria use I 1 re of f public land lands 3 the supreme court affirms alli the judgment of the utah cut cruit ts in n the tile case of huford buford et at against floutz et al at in which th the 0 fe dormar r I 1 nor who owns acres of unenclosed ell cosed grazing laudi aked a ked for an I 1 injunction 1 u 11 to prevent houtz from li a allowing 1 0 w ing C attle to tre pasa pass upon bufords ISu forde land th the e buford property is the numbered number ed fictions of railroad land and the effert efat et of tho the in ju action would boto be to prevent pfoutz and still others from front using acres of public lands adjoining bufords Bu private property and g give ive the latter a monopoly y of this much of the public domain don iAin the tile court says pays it is cimmon law of highly cultivated countries that braziers gra must keep their I 1 animals off I 1 I 1 ne cleed landi lands belonging belonging to othera but that such a dic victrine trine would be greatly ina arious t to 0 the tile sparsely set frontier regi region on the custom and consent of all the departments of the government for nearly a hundred years have given implied license to lie file people to graze upon theo the open peri ian and d unenclosed government landu lands and that it always hai has becq field beld in frontier regions that a man was not liable for t trespass ass if his life cattle strayed from the put public fie lands to unenclosed private lands tho tile states in ink the their ir parly early days have generally required pro property r ty owners to erect creet fences when n they they do not it wish their land trespassed passed sp ed upon and eg as this is the law of utah ahe he court denies the application for the tile injunction |