The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-01-20

The simple disapproval by Congress at
any time would have annuiled it. 1t is
no unreasonable inference, therefore
that it was approved by that body"
But We insist further. that the act oil
1862, passed by the Congress OF the
United States, recognizes the existence
end validity of the contract and char
ter of Incorporation of the Church OF
Jesus Christ of Latter-day Saints. By
that act the Congress of the United
States not only did not disapproye, but
| approved this charter, with certain ex
ceptions, in regard to the construction
OF the powers contained in one of the
sections of that charter. That act is
entitled IAN act to punish and prevent
the practice of polygsmy in the Terri
tories of the United States and other
places. and disappearing and annulling
certain acts of the Legislative Assem-
bly, of the Territory of Utah." The
first section of that act defines the
offence of bigamy and provides for its
punishment. The second section de-
| clares:
THAT the following ordinance of the
provisio oal government of the State of
Deseret sooalled, namely: An ordi
nance incorporating the Church of
Jesus Christ OF Latter-day Saints.
passed February 9Th, in the year 1851.
and adopted, re-enacted, and made
valid by the Governor and Legislative
Assembly of the Territory of Utah
by an act passed January 18Th, IN the
year 1855, entitled An act in relation
to the compilation and revision of the
laws and resolutions in force in Utah
Territory, their publication and distri-
button, and all other acts and parts of
acts heretofore passed by said Legisia-
tive Assembly of tins Territory of tab
which establish, support, maintain,
shield, or countenance polygamy be-.
and the same hereby are disapproved
and annulled: Provided, That this act
shall be 80 limited and construed as not
to affect or interfere with the right of
property legally acquired under the
ordinance heretofore mentioned, nor
with the right to worship God accord
ing to the dictates of conscience, but
only to annul all acts and laws which
establish maintain, protect or counter
ance the practice of polygsmy, eva
sively called spiritual marriage, how
ever disguised by legal or ecclesiastical
soiemnltles, sacraments, ceremonies,
CONSIDERATIONS or other contrivances.
It will be observed that in this sec
| ton, by the use of the words land all
other acts and parts of acts which es-
| tablish, support, maintain, OR coanten-
ance., polygamy," there is an implied
admission or claim that the ordinance
Jesus Christ of Latter day Saints did
support or countenance polygamy; and
that fact being in the legislative mind.
| the proviso that the act of Congress of
| 1862, which declared that this act shall
be so limited and construed as not to
affect or interfere with the right
OF property legally acquired under
the ordinance referred to. nor with the
right to worship God according
to the dictates of conscience, but only
to annul all acts and laws which estao-
lish, maintain, protect and countenance
the practice of polyeamy, must have
been intended to limit the operation
of this act of Congress TO the repeal, or
disapproval, of so much of the ordi
nance Incorporating the Church of
Jesus Crist of Latter.day Saints as might
be construed to est ablish, maintain,
protect or countenance the practice of
polgamy. The proviso was a simple de-
claratlon that the act was only in
tended to annul all territorial laws,
this ordinance included, which estsb-
lished. maintained, protected or
eountenanced the practice of poly
gamy.
II the Congress of The United States,
or any other legis: alive body, repeats q
certain sec ion or provision of former
act. what becomes of the balance of the
act? Is 1t approved, or is it disap-
proved ?What IS meant by disapproving
me section of an act, or o2e provision
of an act. and saying nothing about
the balance! Does this not mean, in the
language of common sense aud accord
in to all rules of legal Interpretation.
that the balance of the act shall stand !?
What else can be supposed than that
the provisions of the second section
preserving the right of property legally
acquired, and the provisions of the
third section reserving vested rights in
real estate, were intended to continue
In existence the corporation created by
the ordinance, with power to hold such
property and maintain those rights I?
If, then, the act of Congress of July,
1862, bs constructed as recognition of
the validity of so much of the ordi-
nance in question as created the cor
poratiou q d authorized said corpor-
alton to acquire and hold personal and
real property, then clearly any sub
sequent act of repeal or disapproval
would be unconstitutional and void, rs
impairing the obligations of q contract
entered into between the Territorial
Legislature of Utah and the Govern
mont Of the United States, on the one
part. and the corporation called the
Church of Jesus Christ of Latter-dsy
Saints on the other. approved and val
idated by the assent Of Congress to so
much OF the ordinance of incorporation
IS granted these franchises.
FJurM The act of Congress of March
8, 1886, was an act of judicial legislation
0y which it attempted to decree the
dissolution OF the corporation and
determine what should be done with
its overwhelmingly con6scating
the so ne to the United State, without
any default on the part of the corpora
ton or aoy judicial Judgment of custer
or dissolution. ...e5.;., 5. q ss,.4- =,
In the 18th section of the act of
March g. 1887, it is declared that the
corporation known as the Church of
Jesus Christ of .Latter-day Saints, lin
so far as 1t may now. have, or pretend
to have, any legal existence, is hereby
dissolved" This is q direct attem pt,
on the part of Congress, to make leg
islative judgment or decree, and is,
therefore, unconstitutional and void.