Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1885-09-10
Tim 4zsr OATH.

At the last session Of the Legislature
an act was passed prohibiting the Nor
mons from acting as jurymen. The act
recognizes the fact that this sect have
been violating the law for many years
past, aud have no regard for its sanctity,
and therefore are not qualified to apply
the law which they disregard in cases
Srossht before jury. There can be
no doubt but that this principle is correct.
That our juries may be free from those
who live in open violation of the law is
~ object devoutly to be attained in order
that justice may be administered rightly
among men. Since the passage of this
act the MoImons of this Territory have
been trying to do away with this obnox.
ious law, and have improved every oppor-
tunity to obtain a ruling Of the court
declaring the act unconstitutional. At
tho last session Of the court held by
Hon. James B. Hayes, the newly ap.
pointed Chief Justice of this Territory,
chs question was brought before the
court unexpectedly. A jury was cm-
spaneled having among it's members some
ofths Latter Day Saints" The "test
oath" was produced by District Attorney
Hampton and objection made 70 allowing
! Mormon to act as juryman, At this
point Messrs, Stull, Stanrod and Herd
stepped forward and presented the Nor
mon side Of the case In summing up
the case they made use Of very exhaust
i've and elaborate arguments, showing
that they regarded the question at issue
s.cf very great Importance. Messrs.
Hampton, Morgan and Smith replied,
after which the court rendered its decis-
ion substantially as follows:
"Gentlcmen Of the bar : am sorry
that this question has been forced upon
ne y this time. / knew that ut some
'time this question would arise, but had
saopsd that it would have been at the
messing Of the Supreme Court at Boise
this winter With al the judges present,
and whore We would have had the oppor-
tunisy Of more fully examining the laws
bearing upon this question. AS for the
wisdom or policy Of. this law, ! am not
called upon to say anything, but shall
only deal with the legal question as to
whether Or not the legislature had the
power y enact such law, and upon this
question, in view Of the authorities pre-
ssnted, i seems clear that the Legislature
did Posess such power. Il being my
duty, therefore, 70 hold all laws valid
except such - expressly violate the con-
stitution, the challenge to this juror will
be sustained"
This i ! great triumph in the solution
uf the Mormon question in this Territory.
# this ruling il ultimately sustained
Idaho will stand foremost 10 solving the
vsxed problem Of how to exterminate
crime practiced under the guisc OF church
orsaFisstion. This law has already had
such an admirable effect upon the sup
pre@ion Of polygamy that its support and
continuance y 4 matter Of absolute nec.s.
sity, ~ well = protection to civilization.
For many years this so-called church has
been practicing polygamy in defiance Of
law either national or local. By taking
from them the right Of franchise and the
right 70 serve on jury, until they submit
70 the general law of the land, blow is
welded Which destroys the very founda-
tion Of their success. Without the con-
troll Of local h~s and elections they are
powarleas. Tkis means that hereafter
thsre shall b no more Mormon judges
to Ive the Mormon construction to laws
appknble to crimes committed 10 their
smidsk 4 means that hereafter officers
shah not Be resisted; Gentiles boyco..ed;
and property destroyed belonging to those
Who will not advocate polygamy. It
means that If the Mormon church wishes
70 continue its netarious practice, il must
fnd como place outside Of Idaho Terri
tory to Perpetusto its crime.
While this sect j. fighting it's. first bat.
tie 70 get possession Of our Territory, we
should stand y one people, regardless Of
party, and subject the enemy if he re-
mains IL our midst, to the common level
Of the Law abiding citizen.
QUIZ scHooLs.
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