The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-10-17
IDAHO MANDAMUS CASE
Decision Adverse to the
MOrMOns.
A TRANSPARENT ARGUMENT
Judge Berry Holds That no Mormon
Can Take the Tess Oath
Nor Vote.

BLACKFoOT. Idaho, October 49,
Especial to THE HERALD. 1.-The anx-
iously-looked-for decision by Judge
Berry in the Woolley mandamus case,
which involved the question Of Mo-
mons in Idaho Territory having the
right to register, take the test oath.
hold Office and vote at the coming cleo
ton, was rendered this afternoon, and
confirms to the fullest extent rumors
that have been whispered around Black
foot for the last few days. namely, that
the decision would be adverse to the
Mormons. Judge Berry came into
court this afternoon with very
elaborate typewriter decision. He
reviewed the whole case at great length,
dwelling particularly on the evidence
given by Nibley, Bulge, Parkinson and
Thomas. Although the opinion covers
some thirty or forty pages of matter,
the whole basis of the decision may be
summed up in g. very few words,
| namely:
Flrst-That the law had already been
declared constitutional by the Supreme
Court of the Territory, which declare
| ton the court was bound to respect.
Second-rhat Notwithstanding 1t had
| been proved in evidence that the prac-
tice of polygamy or bigamy had neither
| been advised, counseled nor encour-
| aged within the last two years, yet 1t
was nowhere shown that like modih-
cation in the teaching or doctrine of
| the church had been made SO as to
reach the whole body of the church of
which Woolley was a member. To
change the teaching of this or any other
| organization the movement must be
general in its scope; it must be real and
not temporary. No such movement
of this kind might have been expected
at the last general conference, bit mas
| mucn as no movement of that kind had
taken place. il was safe to conclude that
nothing Of that nature might be looked
| for in the near future.
Third-That outside of the fact that
President Bulge had given orders for
| about two years that the members Of
| the church belonging to his stake were
to cease preaching polygamy or plural
marriage, and that the presidents OF
other stakes in Idaho had also been
given suca orders, the fact RENAME d
that the doctrines of tie church re-
NAMED unchanged, aud that those who
had been given instructions not to
preach the doctrine referred to
| still believed in it. In word,
it nowhere appeared that the teach
ing or practice of polygamy was in any
way discontinued by the church,
but it did appear that polygamists
were still held In full fellowship. The
court, therefore, could see no reforma-
| ton IN the matter desired. 1t had,
therefore, to conclude that the statute
| in question is unconstitutional; that
the Church of Jesus Christ of Latter
day Saints, commonly called the Nor
mon Church, is an organization whose
| doctrines and teachings are within the
inhibition of this law; that these doc
trines and teachings nave not bt en- re-
| peaed or abrogated or changed in this
] erritory, so as to in anyway affect
such organlza alton In this Territory or
| elsewhere, and that the membership IN
| such organization is inconsistent with
the right of its members to vote under
this law. The application for order OF
mandamus was therefore denied.
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