, 1886-06-11
Polygamy Must Go.

oil the mousse judiciary committee on TN
Edmunds anti polygamy bill, which wa
presented to the house to day is a very
ment OF the changes by the committee
(already ~published) and the reasons there
fore, the report says:
Your committee has no disposition tc
recommend any measure to the hose
which will involve the sanctity Of any re-
ligious faith, however wrong in their
opinion it may be; but the distinction be-
tween overt acts resulting from a belief
which the law makes criminal, and the
right of opinion of ~worshiping God
according to the dictates of conscience
was so fully stated in the report on the
constitutional amendment as to need no
repetition. The committee does not hest
tate to express their dissent from the
18th section of the senate bill, the effect
of which would be that the conduct of the
corporate Church of Jesus Christ OF Lat
ter Day Saints would be controlled by
trustees of the church in conjunction with
trustees appointed by the president. This
union of the trustees of the church and
those OF the government canno be dis
tinguished from a union Of church and
state and law respecting the establish
ment of religion" nor can it be other
than a limitation on the free exercise of
religion where the majority who control
in matters of faith and discipline are APP
pointed by the president. This section
would resemble, if it be not it fact, an es-
tablishmeut of the Mormon church by
law, to be controlled by the government.
Your committee recommend an annual
dissolution of the corporation. This is
clearly public policy if it can constitu-
%tionally be done. But can congress take
away this charter. it is asked. Several
reasons make it plain that it can be
done without any strained construc-
ton of authorities, says the report. Both
the charter OF the church and of the emf
grafton company were null for lack of
power. The acts conforming those char
tiers were void for the reason that it is a
matter of grave doubt whether the or
ganic act authorized the original grant OF
such charters as these were.
The Emigration Fund company act
trenches upon the power of congress as to
foreign emigration. and assumes to regu-
late matters neither delegated to it nor
within its authority. But both these laws
are unconstitutional, for it is obvious they
give preference to this form of religion
over every other. A law which Thus dis
eliminates in favor of one form of religion
over another is, in the proper sense, a
Flaw respecting the establishment of reli-
gion." Congress, which possesses all
original power over the territories, has the
right to avoid the acts of its subordinate
agencies and assert its own policy. With
this view of the power of congress, your
committee recommends to cut out by the
roots this church establishment, the Emf
grant Fund company and its attachments,
and to authorize judicial proceeding
through the attorney general for dealing
with property rights according to law and
equity. In fact, the Emigration Fund
company is dependent for its being upon
the church. Its officers are all appointed
by the church corporation, and if the lat
ter is dissolved its parasite cannot survive.
It is the duty of congress to prevent such
an institution being established in a young
state, as the means of promoting its
growth to that stature at which admission
to the Union will be desirable to the coun.
try cannot be doubted.
On the section of the bill requiring
voters to take an oath to support the laws,
the report says; None of those who will
do the things prescribed in the oath should
vote, for they are not good citizens, and
non but those who will do these things
should esteem the oath a hardship as a
pre- requisite to taking part in the affairs
of a government which must conform to
the constitution and the laws Of the United
States.
In conclusion the r, port says. While
the bill. as amended, deals with public
questions with frmness and with the real
purpose of curing the existing evils, it
does SO IN entire consistency with the con-
stitutional liberties of the people and with
their free right to exercise their religious
beliefs according to their conscience and
only under the responsibility of each man
to a Supreme Being.