The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-02-07
THE NEW ANTI.MORMON BILL.
The new bill against the Mormons

ate judiciary committee, mas some
| features which seem much more
practical than those of IFS predeces-
sors. The lawful husband or wife,
for instance, is not only made
competent witness, in any prosecu-
tion for bigamy, but is to be COM
PEELED to testify. Prosecutions for
adultery too, are to be begun, not
simply on the complaint of the
injured husband or wife, but on
anybody's complaint, like prosecu.
tons for any other crimes. The bill
provides, too, for the certifcation o.
marriages in the Territories, and for
the compulsory inspection by an
officer of the United States
Of all marriage records kept
by any person exercising
civil or ecclesiastical functions.
Female suffrage is to be abolished,
though against this Senator Hoar,
as In duty bound, enters his pious
protest. All property accumulated
by religious or charitable corpora
tons beyond the amount limited by
the act of 1862 ESQ, 000) is to be for
feited. A returning board of five
persons is to be created to take
charge of elections and count the
votes, but no person is to be disfran-
chised on account OF his opinions
of bigamy or polygamy. All this is
fairly in the line of legitimate pre-
vention and punishment.
But when we come to the sections
! which deal with the Mormon
Church as a corporation, we meet
with some strange features. The
Mormons have a corporation called
the Perpetual Emigrating Fund
Company, which is, we believe, de.
voted to the work .of making con-
verts in Europe and bringing them
over to this country. There is
nothing in the missionary work of
the Mormon Church to which the
United States government can take
exception on the error or abSurdity
of the doctrines taught, any more
than in the missionary work of
Catholics or spiritualists, or Sha-
kers, unless it can be shown that
the converts are to be engaged on
| their arrival here in the violation of
United States laws. But can this be
shown, or has 1t ever been shown?
It is not violation of United States
laws to believe polygamy to be Of
divine institution. any more than to
believe with theShakers all marriage
is sinful. The violation of the law
consists not in thinking that man
may have two wives, but in having
them. The present bill expressly
provides that no one shall be dis.
franchised in the Territory on ac-
count of his opinions about peJyg-
amy. The objection, then, to the
emigration company is that it
brings people to Utah who may pos
sibly, after they get there, com nit
adultery under the influence OF
religious delusion. But is this suffi.
Gent ground for the dissolution of a
religious corporation by act of Con-
gress? Can Congress do anything
of the kind, considering that 1.-THE
Constitution of the United States,
and all laws of the United States,
not locally inapplicable," were, in
1850, solemnly declared to be in full
force and effect in Utah, as in ali
other Territories?
More remarkable still is the
twelfth section, which provides not
that the Mormon church corporation
shall be abolished, but that the
management of it shall be taken
out of the hands of the members of
it, and committed to fourteen
trustees to be appointed by the
President, with the consent OF the
Senate, who shall hold Office for two
years. and report annually to the
Secretary of the Interior, as "to the
property, business affairs, and opera.
tions OF the said corporation"
Now, we know that corpora.
lions which violate their charter
or abuse their franchise may
be wound up on the proper pre-
sentation of the facts to a court
of Justice by q legal officer Of the
Government, and their property bs
distributed in such manner as the
law or common justice may require.
We are, too, familiar with the legis-
lation intended ,on grounds of pubic
policy, to restrict the accumulation
of property by ecclesiastical corpo-
rations in general. But we cannot
recall any case before this in which
it was gravely proposed to punish
a corporation for any offense by
putting its property into the exs
elusive control Of government truss
tees, with directions to continue the
business; or to punish
Particular ecclesiastical corporation
for being too powerful or teaching
erroneous doctrines, by committing
it's affairs to the hands of Governs
ment officers who derided or loathed
the beliefs of its members. More
over, we do not believe, and. shall
not believe until the Supreme Court
has said it, that any such expedient
can be resorted to for any purpose
whatever by the Legislature of the
United States. It would be a mon
strous and dangerous president.
| Of the practical objections to giys
| ing such q huge financial plum as
| the management of the Mormon
church funds to fourteen trustees
appointed by the President and Sem
| ate, we need hardly speak. Every