The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-12-31
rDAHOTTC LEGISLATION.

at anything that body would 90, es
peciaIly if it were in the line of partisan
ship. The election was characterized by
outrageous frauds and ballOt-box stuff
ing. i'm one country hundreds of ballots
being found in the boxes above thenum
Der deposited by voters, while in several
precincts more votes were polled than
the entire population numbered.
Not only were these frauds openly per
petrated, but they we're encouraged,
endorsed and approved by the officials
from the Governor down, and were
made effective. When it came to the
organization of the Assembly, the can
didates who had been supported by
fraud were all admitted, and a resolu-
non asking for an investigation of the
crookedness was promptly squelched.
Under such circumstances, it is suggest
ed that anything that body would do,
perhaps, ought not toIsurprise nybody;
vet it has just done one thing which
will occasion some establishment. It
has lately passed bill, which has re-
ceived the approval of the Governor,
1'to fix the amount of the official bonds
Of certain county and precinct officers
and to prescribe official oaths of Of
fcers." The act is something wonder
full in the way of partisan legislation. 1t
starts out by declaring that before enter
ing upon the duties of their offices, the
following officers shall give bonds in
certain specified sums, and take an
oath which is given below: county COM
missioner, sheriff, assessor and collector,
probate judge, treasurer, surveyor,
coroner, justice of the peace and con-
stable. The oath is the feature of the
act and is given in full:
I do solemnly swear that am a male
citizen of the United States over the age /
of twenty-one years. That had |
actually resided in Idaho Territory for |
the period of four months, and in this /
county thirty days next preceding the |
date of my election Tor appointment). |
That lam not a member OF any order, |
sect or organization which teaches, adj
Eises or encourages the practice OF /
bigamy or polygamy or any other crime
ucHncu ny law, dS Uuey u P4Af CSC
resulting or arising from the
faith or practice of such order,
sect -0r. organization. Or that teaches,
cOunselS, encourages or advises any
person or persons to commit the crime
OF bigamy, or pOlygamy or any other
crime defined by law as a religious
duty. That I am not bigamist or
polygamist, and that l do not cohabit
with any woman not my lawful wife.
That l do not either publicly orpri-
vately teach, COUNSEL encourage or adj
wise any person or persons to eEter into
bigamous or polygamous relations or
into the relation know as ''PF 'al' or
Celestial Marriage That / regard the
Constitution of the United States and
the laws thereof and of this Territory
as interpreted by the courts as the SUI
Preme law of the land, and that will
support and uphold the same, the teach
ings of any order, sect or organization to
the contrary Notwithstanding, SO help
me God. r t
This is certainly law-making with a
vengeance. Have the Idahots gone mad,
or are they playing with legislation7 If
they are in earnest their zeal has run
away with their judgment; if they are
'fooling" they are making themselves
ridiculous, If there is one principle of
government better established than
another, it is the one that
has been violated in the massage
of this bill; the Constitu III de-
elares, and the courts have invar-
iably held that legislation cannot
extend to citizens religion; III other
words, that no religious test can be re-,
quired as qualification to any office.
A mans religious opinions and views
may not be interfered with in any way.
much less by the petty lawmakers of
an Insignificant Territory. In the Ed
munds act, which went as far as any ;
law could well go in the direc-
ton of the limits of legislative
power, Congress recognized its inability
TO prescribe a belief or say that man
should MT accept doctrine, declaring /
shat "said board OF five persons 1.-THE
Commission shall not exclude any per
son otherwise eligible to vote from the I
polls, on account of any opinion such \
96ISOu may SAlCA tain On TIC SUBJECT OF :
bigamy or poIygamy; nor shall they re-
iuse to count any such vote on ac-
Dount of the opinion of the per- i
ION casting it on the subject of q
oigamy or polygamy." The Supreme 4
court has also declared that while laws
nay be passed for Furnishing overt acts, t
hough performed in the name of re- 0
igion, statutes cannot be made to in is
erfere with mans belief, or even with fl
he expression of his opinion, though t.
hat expression might be in the direc- it
lon of melting to wrong-doing. As a Il
natter of ia t, Mormon elder cannot e.
e restrained by the law from advocating is
slygamy publicly or privately any Ii