Arizona weekly citizen., 1885-04-04
. poLYGAMY DECISION.

2
 - supreme Court of the United ... has rendered its decision in the five cases known as the poly sul's. brought by certain Mor - C.aa to test the validity of the -,-.sjs Act of March 22, 1882, and ...5s exception of Justice Field, who ...-.. from parts of the opinion, the --s. fully sustained by tbe Court. .s.t oath applied by the board of ---..ouers appointed under the Ed -s. Ac; was declared illegal. how. 2. inc board having exceeded its - -.,y in the matter. The test oath -si the applicant for registration .--.. f maD), that he IS not a mist 0r bigamist, and does not -.aLabit with more than one wo- ann .ae marriage relation; or Gf a ,--g-. ,hat she Is not the wife of a .,.,.,ai,t and has not entered into any .,-.- with any man in violation of the -.E the CuIted States concerning .auy or biEamy.
 r-...,e Matthews. who delivered the mon O, the court, says, with reference le c5uSu,uhonality of the act: ----.sl for tue appellants in the argu-
 ---. seemed to question the constitu-
 ---,. power of Congress to pass the act
 'V;-ch -, IoS2, far as it abridges ,--,l.s ot electors in the Territ "
 -lzr the previous laws. But that ques-
 -.. ve think, DO longer open to dis
 -.s1a. T. has passed beyond the stage
 i.-.-5versy into final judgment. The ---..s ct the United States, as sover
 - @la-s of the national Territories,
 s7s supreme power over them and .---laoItants In the exercise of
 ... Iyz-eiEn dominion they are repre-
 --'-l dy the Government of the United s1,-.. t0 whom all powers of govern ---. 97e- tuis subject have been dele .=si. subject only to such restrictions
 s are expressed ID the constitution or
 ..,.s,a-ly implied Tn its terms, or in the ,-.rl.es ald objects of the power itself.
 L-lsining a government for Terri --@ and the people who inhabit them
 L.-- discretion which belongs to the
 -...ssTe power Is invested in Congress,
 Ei,-l, extends, beyond any contro-
 Ts.T 60 determining by law from time
 a--s tse form of local government in i,s-..-la- territory and the qualifica- .--s s- tL2se who shall administer 1t.
 l,ss;; E.ta Congress to say whether in
 s75- c-se any Of the people
 ;ss.-.. .a a Territory shall par
 t-.t- z an election of its off
 Ger, r making of its lave; and it
 -sT i-s-5' .re take from then. any right
 O s-1- .s,= 3, may previously have con .=---l. ar at any time modify or abridge @4f-ay deem e1pedient.
 --a1=-sJual and civil rights of the in- -s-,a-ts ot tue Territories are secured 9 ten as 10 all other citizens by the :-lpes of constitutional liberty, 7--,a restrain all agencies, government, ,z,s and National; their political -s-'s are franchises which they hold as fr7-ss-s Ia the iegis ative discretion Eile Congress of tue United States. If '-11lceie that this discretion in Con- ;,-,i B limited by the obvious purposes
 ' which f was conferred, ana that t5Se purpose are sat t,sfied by measures '-'2 prepare the people of Territories 6 become citizens of States in the 1-21, still the conclusion cannot be ''.1=i that the act of Congress here in i-7saon is clearly within that iustifca- ~.-- For certainly DO legislation can supposed more wholesome and nec- '''a'! n forming a free, selt-governing N2nonEealth to be fit to take rank as .-s 'i ihe corporate States of the N-!21, than that which seeks to estsb- .-'- .' oa iae oasis of the idea of the .---,' a consisting in and springing "-- ile union, for life, of one man and
 -' "onan n the holy state of matri- -E; the sure foundation of all that Is
 2-.7 and noble in oUr civilization; the ,''' -aarantee of that reverent morality f-.-- Is the source of all benefcent '.s'ess ID social and political improve ~7-.'. And t. this end no means are sue directly and immediately suitable '--a those provided by this act, which '-'-a'ors 10 withdraw all political in --7lee from those who are practically '.''ile to lrs attainment"
 'ais decision practic ally disposes of '- .-'s ot this character now on appeal ,- '--' territory and it will doubtless ,' -'7 as the basis of the expected "di- '-7 'sEe.2tlon' that the practice of ..'!e4ug be eliminated from among the a..lts