Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1889-12-06
A,AMO rEsr OATH CASE
Cassia County Times.


Hon. II. w. Smith, of the Ogden
law firm of Smith & Smith, has de-
parted for Washington, where he
will argue the Idaho test oath case
before the United States Supreme
Court on Dec. IL. The decision Of
this case by the Supreme Court will
be looked for with breathless anxiety
by the Mormons as we'll rs the Gen
tiles throughout the Territory. There
appears to be considerable doubt as
to the constitutionality of the law
among lawyers, while the Mormon
people are sanguine that the decision
will be in their favor. Be this IS it
may, the Times predicts an adverse
decision. Whatever might have
been construed in their favor for
merly is undoubtedly removed by
the Endowment House investigation
which has been in progress at Salt
Lake City the past two weeks. While
1t may be SAID that this investigation
can have no bearing ON the Idaho
test oath case, we are quite confident
that 1t will, and a very important
bearing at that. The evidence ad-
duced, both by apostates and Nor
mons in good standing, is seriously
detrimental so the Mormon cause.
The bad faith in which the church
witnesses testified and the bungle-
some manner in which the case has
been handled by the Mormon law.
yers and press has brought about a
feeling throughout the nation that
will condemn the Church as guilty of
disloyalty to the government whether
Judge Anderson SO holds or not. A
marked contrast is exhibited by the
testimony OF Henry w. Lawrence and
Apostle John Henry Smith, which
the Salt Lake Tribune in leading
editorial claims reveals the difference
between witness who wants to tell
the truth and one who does not.
"Both men," the Tribune says, "are
familiar with the questions they were
asked to explain; one desired to tell
the truth while the other was deter
mined to tell no more thar. he was
forced to. The testimony of Mr..
Lawrence reveals none but American
methods all the way through; that of
the apostle is Asiatic all the way
through. No one, Mormon, Gentle
or anybody else can escape the con-
cluslon that the apostle was an un-
willing witness, that he knew facts
pertinent to the case before the court
that he wa. determined, if possible,
to conceal. Now all the facts that
the court wanted were whether there
was anything in the system of the
Mormon creed which made it impos-
sible for a member of that church to
be loyal citizen of the United States.
If there had been nothing, would it
have been necessary for the apostle
to have worked and evaded and for
gotten, and finally declined to an
swer? And coming right after him
the testimony of Mr.. Lawrence has
the more power and significance. 1t
is clear that there is temporal king
dom in our midst that is governed by
different forces than any beneath the
Republic, and all the evasions in the
world cannot turn the gloomy fact
aside"
IL view of these facts and MANY
others worked out of unwilling wit
nesses during the investigation will
have very damaging effect on the
part of the brethren before the Unit
ed States Supreme Court, and from
which We base our opinion that the
Supreme Court will hold the Idaho
law constitutional.