The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-07-19


Il. P. RICHARDS.
Assuapnt fer IS fer Dsfaadanfs Personal Tazss for 1875
By appeal from Judgment Of the District Court Of Koo-
Iauioa, and tried by the Court without s jury. The only
a naieTr thus pro1isiion found Snsd in Section 5ls Of the cI1ii
Code, viz: 1.-THE following persons shall be exempt from
nation regularly engaged in their vocation"
or Clergyman Of the Church Of Jesus Christ Of
LstterDsy Saints, and was in the exercise OF that yoca-
Island Of Oahu 1 profess the doctrines of the Christian
chbgTsS ;it ! q: f tSe cRGw 81 At ANY Wa iii t9T ana hat OF Homo
lulu have not been taxed, nor that of Laie never heard
creed is shown in this pamphlet quoted below; we are
not authorised TO practice polygamy II the aANsuAn
Islands 1 am in ali respects ordained and licensed re;
gularly as 8 clergyman OF the Church TO which, belong
Interior to solemnize marriage in which he Is eniittsa
d" Elder, the witness saying that the Minister OF me
Interior asking him if he would be styled .. Reverend,
the witness had replied, that he would be styled
Also exhibited a certificate that " Elder Henry P. Rich
ards. has been duly appointed TO a mission TO the sand
.ordinances thereof pertaining to his office, etc. Dated
Salt Lake City, territory Of Utah, Nov. %, 1876, signed by
dency."
the revelation contained in the New Testament i De
lieye in other revelations since then I am not q Mahon-
revelations we believe that have been given through
Joseph Smith, the founder of the Church; there are no
later revelations than those published in the pamphlet
Iabove spoken of we believe all that God has revealed
and that he will yet reveal more than he has revealed
we preach faith, repentance and baptism by immersion,
for the remission Of sins and the laying on of hands for
the reception of the Holy Ghost; those are what we term
the first principles of the Gospel as taught by our Savior
Jesus Christ we claim there are apostles now 93sp su Se Se-
iieye the BOOK of Mormon TO be a revelation written by
CSnrcS. Poivgamy is believed in by the Church; I don't
know of any of our Churh sites being taxed
practice PolygGmy, except at the head quarters OF the
Church we believe thatif it was necessary do d = 81 o I 70 7
have no other business here than this ministry OF our
church; 1 am supported by the membersoi our oehomins-
ton resident here.
Hanai, a witness for defendant, testified that he was in
charge of the Mormon Church site in Waikiki, and that
to his knowledge it had not been assessed during MS
The foIiowing is the creed exhibited by the defendant:
We believe in God, the Eternal Father, and in His Son,
will be punished for their own sins, and not for Adams
transgression; we believe that through the atonement OF
Christ all mankind may be saved by obedience TO the laws
and ordinances of the Gospel We believe that these or
9 Ranentan eee' E,sr Baptism by immersion for the remis.
sion of sins; fourth, Laying ON of hands for the Glt1o, tne
God, by prophecy, and by laying of hands by those who
are in authority to preach the gospel ana aa nan argep,g y, y
ton that existed in the Primitive Church, viz: Apostles,
IN the stft of tongues, prophecy, revelation, visions,
healing, Interpretation OK tongues, etc; we Deneve ae
rectiy; we also believe the Book of Mormon to be the
that he does now reveal, and we believe that He will re-
veal many great and important things pertaining to Ine
Israel. and in the restoration of the Ten Tribes; that
Zion viii be built upon this continent; that Christ VII val
reign personally upon the earth, and that the earth VII
be renewed and receive its p~aradisaie glory; we clam
the privilege of worshipping Almighty GOD sceord1ng &c
the same privilege. let them worship how, where or whst
dents, rulers and magistrates, in obeying, honorfng ano
sustaining the law; we believe in being honest; tu9
cbaste. benevolent, yirtuous, and in doing good TO al
men; indeed we may say, that We follow the admon1tioI
Of t6eI Paq a. % sevt Rgne'9 yir tn IeSely or Of good report o.
praiseworthy, we seek after these things:
offered to contradict it, why should not q Mormon Min
lister be held Mia,s for the I o P%rP po dif III f1s in n'h holding th 4
the defendant is a Minister; me Co9ns9i . ne ~ U5o nn
Rev" that he had disclaimed holding ministerial office
But he testifes that such is the designation OF a ministe
or clergyman in his denomination, and that he is
Clergyman or minister. It does not appear, why the us
sons intended by the statute. 1t is the custom Of som
other denominations to style their ministers : d dasbi
extent. The ministers of the Roman Church are usuail
II is equally clear from defendants testimony, that h
is in the exercise of his calling. He mas come to TN
pIoyment, and he is supported by the people of his demo
mination for the reason that he gives them ms Tine Th
evident intention of the law is to exempt Christia
they must be supported by portions of the community
and to tax them, is to impose an additional TAX on u. IN
nnblic in the support of religion and morals. For tn
same reason church sites are exempt. The question re
Christian minister Upon the proofs offered and tn
creed presented, he must primd fdcie be considered suct
steled the Chirch of the Lord Jesus Christ. They accer
the Old and New Testament. -
FirtNBecause they accept other revelations than thos
The Roman Catholics must be considered a Chri:
tiles and revelations outside the canon of tn
Scriptures, the authority Of the g,. Fathers @ an n 5
Pope, may be considered as implying a power OF reVeli
the head Of their church, for his infallible utterances al
not supposed to be repetition of texts of the Holy Scr1l
but of something else not contained therein-a revel'
ton. The same church accepts many revelations, iroi
time to time-for a modern instance the revelations TO
nun at Loardest in France. On credence ana sancIon !
this church, a shrine was established and q costly cnurc
built 10 Our Lady of LOurdeS, to which tnOuSanuS u pi
griIns resort. Every miracle beleyed 10 nave pee
something beyond the canon of the Scriptures;
the Mormons accept the Bible and believe IN mrs 81
and believe also in the revelations OF joseph smith, the
must equally as Roman Catholics be considered Ohri
In Robbins Religion of all Nations, page 6, it is SAT-
:" The religious world is divided into four grand system
Paganism. C1ristianity is the religion of those who D.
lieve that Jesus Christ is the true M Ssr r Il = =
the Old and New Testaments as the word OF GOO; 1Id
Observation-Disclosures of ali those who acknowledge NOLAN
med for a true prophet. Iaganisni, OF al those ~G3 Ia
The only people who may not be classed under one
the other of these four divisions, are the Deists ana u
religion, and the former in owning no Divine reyelatlc
as the foundation of their religion. Cited in Hale
The second reason why the Mormon Minister shoul
not be included, was the tenet of ~Polygamy.
w mnstp proceed . edt a Hsaf the Fl p hsTa Nor prsetice it here e az
;h9 9o MoI nof an u nat r ia the subjects Of this Kingdom a
led to go abroad to practice it. 1t is not proved or sho"
magrfane here tend u to immopality, It is we'll known
LA1AA AeoS
us all, that the Mormon system leads in Utah to a pra
tice of plural marriages, which would not be tolerate
here. Let that be so, still until it is shown by proc
that the Mormons of this Kingdom are affected IN the
conduct by this doctrine, it will not be q ground Tor e
Guiding them from the privilege accorded to other d
nominations protesting Christianity. This may be 1Hu
trated by a reference again to the koman CathoI
denomination. The doctrine of their church supper
nm induisition which shall force men by unspeakable to
lures and death, to profess an accord with their fat
The civil power in this Kingdom does not permit the e
ercise of this coercion here. 1t has been suppressed L
the most part in all countries, yet this church which pr
fesses immutability and infallibility, must be conside
ed to hold to the theory. In Spain and in Austria, und
the orerstion of Roman Catholic doctrine, the preachiI
of the Gospel as known to the Christian world, otn
than the Catholics, is either greatly hampered or total
snnnressed In the countries under Catholic rule,
Eadez ErpurgdtoriHS suppresses some OF the pest al
truest literature OF the time. These things which a
subversive of freedom and liberty Of conscience are n
practiced here, and we do not therefore exclude Il
Church which supports, teaches and practises them els
where from the definition of a Christian denominat.o
and the Mormons must stand on the same groun
Judgment for the defendant.
LAWRENCE McCULLY,
Justice holding April term.
E. Preston, Attorney General, for Plaintiff.
AS. Hartwell, for the Defendant.