, 1890-05-22
LATTER DAY SAINTS.
The Edmunds-T Tucker Polyg-
amy Law.
CONFISCATION OF PROPERTY.
The Supreme Court Afiirms the
Decision, in Favor of the
United States.

WAsHISGros, May 19.--The supreme
court Of the United States to-day rem
dered an opinion Of vital interest to the
Mormon Church II. the suit Of
tho Church OF the Latter Day
Saints against the United States, which
comes here on an appeal from the de-
clsion of the supreme court OF Utah, in
favor Of the United States. This court
aifirins that judgment.
The case grows out of the Edmunds
anti-polygamy law, which dissolved the
Mormon church corporation and es-
cheated to the United States all the real
estate owned by the church.
The Mormons entered q suit to have
the law declared unconstitutional, on
the ground that congress by such disso-
luton assumed an illegal judicial power;
that the legislative assembly OF Utah
Incorporating the church constituted u
contract which could not be impaired by
congress. under the authority of the re-
peal of tho territorial enaotments; and
that the doctrine of escheatal was allen
to the free institution enactments OF the
constitution.
1t was contended that congress had
authority to repeal all territorial enact
ments; that tIe act Incorporating the
church was an invalid attempt To estab-
lish religion contrary to the provisions
OF tho constitution; that the church
charter should be annulled for the abuse
of the granted rights; and that as when
the church corporation was dissolved,
there was no ono to whom to turn over
the property, the property was escheated
to the United States.
In its opinion the court says: "fhe
distinguishing feature of Mormonisn is
well known to be polygamy, and on ac-
count of the absolute control of its mem
efforts to suppress the bar
barous practice of polygamy, still
perseveres in defiance of the law in
propagating and promoting this ne
iarious doctrine. The question, there
fore, is whether the promotion of such
an unlawful system, repugnant to our
laws, Is TO be allowed to continue, and
whether the enormous funds which have
been accumulated shall be welded for
the propagation of that obnoxious
practice and for the promotion of or
ganized rebellion against the laws OF the
United States. The history of the gov
ernmenPs dealings with the Mormons is
one OF patience on the part of the Amer
lean government and resistance TO the
law aud pitiless atrocities on the part of
the Mormons. The contention
.hA' 81 ,bpso'ysa%My, is r.,,,,Pnms par.
belief is n sophistieai plea. No doubt
their belief In assassination was u re-
iigious belief but that did not make IL
so. Society has n perfect right to pro-
hibit otfenses against the enlightened
sentiment OF mankind"
Aiter an elaborate historical review
of tho common law, the opinion says;
1--WE have no doubt OF the right of con-
gress to do as it did. The decree of the
lower court is affirmed"
Justice Bradley delivered the opinion,
Chief Justice Fuller said that
Justices Field and Lamar" were
constrained to dissent. Congress
unquestionably had tho power to
suppress polygamy, and IL was imma-
terial whether the crime was committed
IN the name OF religion. But congress
had not the right To seize and contiscate
the property Of corporations because
they might have been guilty of crimes.
~AsrI-MoBxoN LEGISLATION.
The senate committee to-day heard
Frank Cannon. editor of tho Ogden
Standard, in opposition to Mr.. Cullom's
bill to amend the Tucker -Eumunds act
so as to disiranchise tao Mormons and
render them ineligible as jurors. Mr..
Cannon opposed the bill ON the ground
that anti-Mormon legislation had now
gone far enough that the situation of
afiairs with respect to the Mormon
question was improving, and would con-
tinue TO improve on the present basis.
Nothing but time was needed now to
work out a satisfactory settlement of all
tho trpublea.