Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-24
IDAHO TEST OATH.

IDAHO TEST OATH.
It's Validity Affirmed BY the q. 5
Hsupreme Court.
AN IMPORTANT DECISION.
IL Involves the Right OF Religion
Liberty.
Supreme Court of the Unitec
States. No. 1851. = October term
1859.
Samuel ID. Davis, appellant VS.
III. q. Beason, Sheriff Of Oneids
County, Idaho Territory. Appeal
from the Third Judicial District Of
the Territory of Idaho.
DELINEATioN.
In April, lssg, the appellant Sam.
uel ID. Davis, was indicted in the
District Court Of the Third Judicial
District Of the Territory of Idaho. In
the county ofOneida, in connection
with divers persons named, and
divers other persons whose names
are unknown to the grand jury. for
a conspiracy b unlawfully pervert
and obstruct the due administration
OF the laws Of the Territory, in this
that they would unlawfully procure
themselves to be admitted 10 regis
tration as electors of said county of
Oneida for the general election then
next TO occur In that county. when
they were not entitled 10 be admit
ted to such registration, by appear
ing before the respective registrars
OF The election precincts in which
they resided, and taking
THE TEST OATH
presented by the statute of the
State, in substance, as follows 81
do swear Tor affirm that | am \
male citizen Of the United States of
the age Of twenty-one years for will
be en- the 6th day of November,
lsSsl; that i have Tor will havel ac-
tually resided in this Territory four
months and In this county for thirty
days next preceding the day of the
next ensuing election; that l have
never been convicted Of treason,
felony or bribery; that | am not
registered or entitled to vote ut any
other place in this Territory; and l
DO further swear that l am not n
bigamist or polygamist; that am
not member of any order, or
ganlZatiUn or association which
teaches, advises, cOunseIs or en-
courages its members, devotees.
or any other person to commit the
crime Of bigamy or Polygamy, or
any other crime defined by law
rs duty arising or resulting from
membership in such order, orcani.
zation, or association, or which
Practices bigamy, or polygamy, or
plural or celestial marriage as a
.doctrinal rite of such organization
that L do not, and will not.
publicly or privately, or in anv
manner whatever, teach, advise.
counsel, or encourage any per-
son TO commit the crime 'of
bigamy or polygamy, or any other
crime defined by law. either as n
religious duty or otherwise; that |
do regard the constitution of the
United States and the laws thereof |
and the laws Of this Territory, as in
terpeted by the courts. as the
supreme laws of the land, the
teachings Of any order, organi-
zation, or association to the con-
traIy Notwithstanding, so help me
God, "when, in truth, each of the de-
PENDANTS was member of an order,
organization and association, name
", the Church of Jesus Christ Of
Latter-day Saints, commonly known
rs the Mormon Church, which they
knew taught, advised, counseled and
encouraged its members and devo-
Ices to commit the criges Of bigamy
ana polygamy Us duties arising and
resulting from membership In said
Irder, organization and association.
Ind which order, organization and
association, as they all knew, prac.
iced bigamy and polygamy and
plural and celestial marriage as doc
rinal rites of said organization; and
hat in pursuance Of said conspiracy
he said defendants went before the
egistrars Of different precincts of
he county (which are designate,Il
md took and had administered 10 |
hem respectively the oath aforesaid.
THE DEFENDANTS DEMURREp
o the indictment, and the demur-
er being overruled, they pleaded
eparately not guilty. On the trial
Which followed on the 18th of SEN .
ember, 1859, the jury found the 4
efendant Samuel ID. Davis guilty /
5 charged in the Indictment. The G
efendant was thereupon sentenced 7
} pay fine Of $500, and in default :
its payment to beconfined in the
Ounty Jail Of Oneida county for n i
,rm not exceeSing $50 days, and
as remanded to the custody of the Q
lerin until the judgment should be :
/!
Soon afterwards, on the same dav ,
le defendant applied to the court Il
.lore Which the trial was had. and o
'talned writ of hd6eds car n
rs, alleging that he was inn h
'isoned and restrained of his Iib- u
" by the sheriff Of the county; y
At his imprisonment was by vir. 81
e OF his conviction and the iudr- s.
ent mentioned and the warrant ~
sued thereon; that such imprison- u
ent was illegal, and that such ille- D'
'nty consisted in this: ]. that the &C
cts IN the Indictment and r,scouI p'
not constitute a public offense. az
d the acts charged were not ~
Iminal or punishable under any +,
'tuto or law OF the Territory; and n;
that 50 much Of the statute Of the re
rritory which provides that no IA
rson IS entitled TO register or vote iu'
any election who is "a member of 80
y order, organization or associa- wi
n which teaches, advises, coup- ~
; or encourages its members M
Eotees or any other person to com. rs
the crime of bigamy or polygamy pr
any other crime defined by law, oil
4 duty arising or resulting froN tei
moershipin such order, organiza- sta
or association, or which prac- tu
5 higany or polygamy or plural a
marriage as n doctrinal re-
Of such organizationn is eeIaE pla
pecting an establishment of reli- ma
D." in violation of the first so,
endment Of the Constitution and nis
d. anu pol
he court ordered the writ 10 ex'
e, directed to the sheriff re- sta
lable before it, at 3 O'Clock in VIII
afternoon of that day, com OF
lding the sheriff to have the iou
y Of the defendant before the tho
r. at the hour designated, with go
time and cause OF his impTison- a n
u, and to do and receive what La
I'D then be considered concern OF
him. On the return of the writ int
sheriff produced the body of the or 9
ndant and Also the warrant of tice
mitment under which he was ina
J. ami the record CO the case sarl
wing his conviction for the con- IL D
ICY mentioned and the indg. eivi