Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1889-12-17
THE IDAHO T'EsT OATH.

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A special to the Tribune says the
Supreme Court has finished consider
alton Of the case of Davis vs.. Beason,
commoaly called the Idaho test oath
case, Judge S. Wilson and F. S.
Richards appearing for the church,
and n. w. Smith, Of Ogden, repre-
senting the Territory. The atten-
dance was large and much interest
was manifested. Judge Wilson's ar
gument against the law protested
that it prohibited the free exercise Of
religion; required religious test for
office; took away the privileges and
immunities of citizens, and violated
the Edmunds act. Wilson was fre-
quently interrogated by the court and
was unable to answer several ques-
tions propounded.
Mr.. Smith followed, occupying an
hour and a quarter. ln reply he
urged that crime was not protected
by the constitution because practlced
in the name of religion; that test
Excluding crimina Is was not relig-
eous test; that voting is not privil-
ege within the meaning of the Four
teenth amendment, and that the Stat.
ute is not violation of the Edmunds
law. Attorney Smiths argument
was earnest, and at times eloquent,
and he was not interrupted.
Richards closed the case in a TWEEN
ty minute speech, much shortened by
pointed questions from the bench.
r. z. johnson, Attorney-General
for Idaho, who would ordinarily have
represented the Territory, was en-
gagged as attorney for the church in a
case now before the supreme court
and hence was absent. Mr.. johnson
Attorney General for Idaho, was bu,
recently appointed to the Office, and
his engagement in the church case re-
ferred to was doubtless made prior tc
his appointment.
1t was due to Delegate Dubois en-
tirely that Idaho was represented
He employed Mr.. Smith at his own
expense to argue the case, and was
throughout the most attentive listener
The members are fully alive to the
fact that as judgment goes, SO goes
statehood for Idaho, as the law is
practically embodied in the new con
stitution. As he began the fight, and
has led it in Idaho from the begin.
ming, he refused to allow so vital q
matter to be neglected at this crisis
Both he and his loyal followers are t,
be congratulated that the end ha.
come. A decision will probably bs
rendered before the holidays. 1t il
the opinion of all who heard the ar
guments that the law will be unani
mously sustained.
This case involves the constitution
ality of the Territorial law prohibiting
the Mormons from voting. Davi
was convicted aud sentenced to ]ai
in 1889, on an indictment for con
spiracy, charging him and sundr,
other persons with having combined
to be unlawfully admitted and regis
tered as voters. Davis unlawful &C
consisted in taking the oath that h
was not member of any organization
practicing the doctrine of plural mar
riage, when he was in fact Il membe
of the Mormon church. The cas-
went to the United States suprem
court at Washington on applcatlo
for a writ of habeas corpus on tn
ground that the indictments do nc
constitute criminal otfenses under an
law of the Territory, as to prohib
members of bodies practlcing plurs
marriages from voting is law re
, specting an establishment of religion
in violation of the First amendmer