Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1884-01-27
THE MORMON SIDE.
A Communication from Delegate Carne,
Of Utah, Regarding Gov. Murrsy's
Recent Message,
In Which He Accuses the Latter Gentle.
man of Wilfnlly Perverting I'm.
portant Facts.

WASHINGTON, January 26.-John G.
Carne, delegate in Co1gress from Utah,
has addressed o communication TO. the
general manager of the Associated Press.
in regard to the Misrepresentation of facts
made by Gov. Murray in his message to
the Legislature, evidently with the pur
pose OF deceiving the Eastern public"
The delegate says: He (the Governor)
asks the repeal of the law making escheats
revert to the Perpetual Emigrating Fund
Company. This law was repealed eight
years ago by tie enactment of section 7lS
of the Compiled Laws Of Utah, which
says: "If the decedent leaves no hus-
band, wife or kindred, the estate escheats
to the Territory for the support of the
common schools" This is the law now,
and has been since 1876.
CHURCH MATTERS.
He misrepresents the scope and effect
of the act incorporating the Mormon
Church when he says 1t is law respecting
an established religion. 1t did not pur-
pose to establish any religion, but simply
I, , made the Mormon Church a body cor
porate. with ,.,ccwers, as stated n the
charter, "not inconsistent WIN. or repug..
nant to the constitution of the Un1te9
States" Other churches. including the
Presbyterian, have been incorporated in
the Territory, and only so much of the act
incorporating'the Church as might ''estab-
| lish, maintain, protect or corutenaf1Ce the
| practice CT poiygamy," was disappfoved
by Congress. The compilers OF the Terri
| tory.laws in 1876, failing to ffnd anv snch
| provision in it as named by Congress, in
| cluded the entire act in the compilation,
| but no part OF it was then or ever re-
enacted by the Legislature, whose acts to
be valid, must be consistent with the laws
of Congress, else they are null and void.
| His statements that this law vests eccle-
siastical courts with authority which may
| only be exercised in the United States by
civil courts is entirely without foundation
in fact. No such powers are by law con-
ferred upon ecclesiastical courts. They
only act as artibrators, and regulate fellow
ship of members OF the Church, and that
| without expense to the parties.
THE RIGHT OF DOVER.
His comments on the dover question
give an entirely false idea of the property
rights OF women in Utah. The fact is
they are equal with men in their lega
right and power to acquire, hold and
transfer real and personal property. The
husband has no control whatever over the
| property of his wife, and need not Join
with her in deciding it away. Hundreds
of women in Utah hold titles to theil
homes and other real estate entirely indie
pendent OF their husband. True, there
is, technically speaking, no right of dover
existing in the Territory, but in the Law
OF descent and succession there is mort
liberality to the wife in many instance:
than the common law dover right woulC
be. For instance, widow intestate j.
always entitled for life to the homestead
of her husband, and to all personal prop
,I 1,.x,
| ton. In addition thereto, she inherits
for life one-third of the remainder of the
estate where he leaves one child, ant
if more than one child, then one-fourth o
the remainder of the estate goes to hel
for life. If he leaves no issue, but either
mother, father, sister or brother, one
half the estate goes to the wife absolutely
and ii no issue, mother, father, sister o.
brother survive him, the whole estat,
goes to her absolutely, and in all case
where exempted property is insufficient t.
support the family during the settlemen
of the estate, an allowance is made out o
the estate for that purpose.
THE MARRIAGE QUESTION.
Gov. Murray says: Marriage shoulC
be made by law civil compact, to be en-
tered into only by persons competent t
contract, and valid only as between on
, man and one woman, and any other maj
riage, under any circumstances, should b
, declared void from the beginning" Thi
is common law, which. in the absence {
statute on the subject, prevails i
Utah hence the enactment of such La
as he proposes would in no degre
change the legal status of married pel
sons. As matter of fact, no polygamou
) marriage had ever been claimed, even b
q Mormon, to be valid in law. They hay
ILL
cess of civil law" as his Gov. Murray's
language would import, but are simply RI
garded as religious obligations. The pul
lie schools of the Territory are not, as b
! would have the public believe, sectaria
in their character. They are as free frol
. the charge of sectarianism as publ
schools in any other part OF the countr.