Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1886-01-21
A UTAH CASE.
A Man Denied Citizenship R eeuas of
His Belief I'm PoIygamy.

A Man Denied Citizenship Reemsse of
His Belief I'm Polygamy.
A New York Herald correspondent
at Washington writes: Citizens of
Utah who have lately come here speak
OF the action of the newly appointed
Judge Powers in naturalization cases
as highly credltable to him and effec
tive in preventing naturalization of
Mormons who are not wiling to make
oath that they regard the laws of the
United States as supreme. These citi-
zens report that Judge Powers has, by
his course, struck blow at polygamy
which they regard as of great import
ance.
Niels Hansen it appears, coming
! forward for naturalization, in the
words Of Judge Powers, stated that
he was attached to the principles of
our constitution and the laws of our
country. He also stated he proposed
to obey all our laws, those relative to
polygamy and unlawful conabitaiion
as well as others, but that he believed
it right for man TO have living and
undivorced more than one wife, and
that this belief would prevent him
from rendering verdict of guilty in a
polygamy case if he was called as a
juror in such cause even if the proof
should show the prisoner to be guilty
beyond reasonable doubt,
The Judge continues:
Thereupon the court declined to
admit him as citizen for the reason
that the applicant was not competent
TO assume the burden of citizenship.
He admitted that he would violate the
sanctity of his oath as a juror on ac-
count of his private belief. He salts
fed the court that he was not attach
ed to our laws or to the principles of
our constitution. The court is salts
fed that the allegiance that he would
render to the government would be
qualified allegiance. While all will
willingly admit that he is entitled to
his individual belief, when it became
apparent TO the court that his belief
would be paramount and his fidelity
to the laws and the government sec
ondary it became tue duty OF the court
to refuse 20 admit him as citizen q.
] 4
firm believer in the doctrine that a
crime is right, that upon applying for
naturalization ne announces under
oath that he would, as juror, violate
his oath, and render a verdict of not
guilty in criminal case where the
proof showed the prisoner to be guilty
beyond reasonable doubt, is not fit
ted to become citizen. 1t would, 1t
seems to me, be a judicial farce to be-
stow the inestimable boon of citizen
ship upon such man.
Moreover courts are bound to take
notice of the political and social con
dition of the country which they judi
cially rule. Irwin Y Phillips, 1 CAL,
146; MERGED Mining Company Y Ere
mont, 7 CAL, 1926. What is the po-
litical and social condition of this ter
ritory, and how does it bear upon the
matter under considerations A large
percentage of the people ore VIC
Eaters of the law. A large and over
whelming majority of the people
openly advocate the violation of the
law. People teach the doctrine that
there are higher laws than the laws
of the land, and those are the laws,
rules, and edicts of an organization,
political and religious in its nature,
that virtually rules this territory.
The process of the court is evaded and
INSTRUCTED. The officers of the gov
eminent are traduced and reviled,
The sanctity of the oath administered
in court is treated lightly, and many
times with contempt, and people are
taught that no wrong is committed in
refusing 10 recognize their binding
nature. A government hase been
formed within the government pow
erful and aggressive. Allegiance to
this government is primary and ale
glance to the United States is ofsecon-
Diary Importance in the belief of the
people.
1t is unnecessary 10 recount more
/ fully the situation. 1t is apparent TO
the most superficial observer. The
courts are busy day after day trying
those who have been taught that 1t is
right to violate the law of the land.
This being the condition of the affairs
the answers of the applicant, IN his
particular case, have more force than
thew otherwise would, and, until | am
convinced by reason and authority, or
by the mandate of higher court that
I am wrong, l must refuse to natural
ize the present applicant or any other
person who convinces me that he is
not attached to the principals of our
government.
Drop potatoes or fruit as they are
pared into water, and the color will not
phynpn