Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-03

United States, first amendment,
which provides that Congress shall
make no law respecting the estab'
lishnient OF religion, or prohibit the
free exercise thereof. That OF course
was . prohibition upon Congress
It Indicated the belief and the con
victions Of the American people
with respect to the right Of the gov
eminent to establish religion, and
to interfere with the free exercise
Of 1t. They had In view the op
preston and cruelty and barbarity
that had been practiced by gov
ernments in past times In attempt
ing to form and shape the religious
convictions Of the people, and
hence this provision is placed In
the Constitution. They believed
that the best interests of the Ameri
can people required such a provi-
sion in their fundamental law. This
can only have bearing as indicat.
ing to some extent the public
policy, and what Ia right
with respect to individual be-
lief aud worship. Ii indicated the
conviction that every man should
,e at liberty to form his religious be-
iiefs and convictions without inter
terence by any one, except by moral
teaching and persuasion, which i
tolerated OF course. 1t indicated
that no law at least should be adopt
ei on the subject, aud to some ex-
tent IL Is an Indication that no in
dividuaI should, by violence ut least,
Or by intimidation, undertake To
regulate the religious beliefs OF
others. or that he should NOS, by
brides or rewards or pur'shment
interfere with them. N ,, II this
provision amounts TO any ming, IL is
this: This man said to his children,
s.If you will join the Church OF
Jesus Christ Of Latter-day Saints,
and 50 conduct yourself with respect
10 that Church as to be considered
members in good standing of 1t,
when this estate is distributed, you
eau have all Of this land; that Is
your reward. IL you DO not, you
are disinhcrited, and il
shall go to another, Such
an offer rs that would be
a powerful inducement with some
people; with Others it would not be,
probably. The tendency of such
provisions is TO make the heirs, or
the children, confess at least that
they are members Of the Church
mentioned, and it also, with some,
night have q tendency to actually
shape their convictions; be- use
some people are 20 constituted that
they believe what IL IL 10 their inter-
est to believe; and this influence is
4 powerful one in that direction
with some.
1t would seem TO me that the gov
eminent through its court, which is
the instrumentality il employs to
interpret, construe and apply the
law, should not s9nction such q
provision. While Of course il is by
making the law, yet II is saying to
the man who makes il the will,
hat he may make the law and the
government will enforce il; that he
may impose such a eondi ion, such
a rule. such n restriction upon
mis- children, and that the gov
eminent will give it all the
force and effect of a law of the land
IS TO him anu to all Others. That
would seem TOT be contrary to
the public policy Of this country,
and particularly as 10 this territory,
With respect to the particularly urch
TO which this property was to 60 in
case the devisee could not take it.
and the Church to which these per-
sons were required to belong. II
there Is any one public policy that
Is established in this territory by the
government of the United States IL
that polygamy and unlawful CO.
habitation are wrong, and that they
.hould be rooted out, and cut out
like cancer, as an enemy to sOc,-
ETY., an enemy TO humanity, an
enemy to one OF the most important
institutions upon which the social
fabric stands, the strongest pillar in
the grc-t fabric that shelters and
protects US all, that protects virtue
and chastity among men and wo-
men.
This Church, at the time this will
Sas made, recognized polygamy as
light, and held that in certain con-
ingencies, and under certain con-
iitions, that it was the duty of some
u practice II. The public policy Of
'ha government Of the United
States, and Of the laws relating to
ans territory enacted by Congress,
= against inducing anyone to en-
brace such n faith. Ii has by an
act of Congress forfeited several
hundred thousand OF dollars worth
II Property in order to suppress
polygamy and unlawful cohabita-
tim, and to tike away from the
Church that recognized and taught
-uch n doctrine the power and
means 10 extend the dominion of
the Church, and TO make prOselytes
in this and other lands. That being
%, it certainly would be contrary to
the public policy for the court 10
sanction n will, and all wills by
which inducements of this kind
were given TO persons to embrace
that faith. 1t Is directly O., Osed to
the public policy Of this Te itory as
indicated by the laws OF Congress
and by the actions of the courts.
ani of the opinion that this pro-
vision is void.
These plaintiffs claim under n
ieet or deeds executed by the
mayor Of Salt Lake city, the testator,
Ionn IL. Blazzird, appointed Mary
son Blizzard his executrix, aud
he. in pursuance OF the act
II the territorial legislature and
he towrsite law Of Congress, fled n
lain with the probate court as ai-
of the estate Of the late
Iohn Blazzsrd for and In behalf Of
he heirs Of said estate: and in il
he represented herself a. admins
ratrix OF the estate and not execu-
rix. The hearing was set down for
certain time; time given for per-
o1s To file counter-claims: and at
he time mentioned, this order was
made: "Mary l. Blazzari, admins
ratrix OF the estate OF J. II.
slazzard, claims all that part of
1t d, in block 50, etc, - describing
he property. 1t further states that
he appeared on the 3lst day ofJune,
s12, and showed 10 the satisfaction
{ the court that she Is in trust the
ightiul owner and occupant of said
ands, and there being no adverse
laims, IL Is ordered and adjudged
hat she as ADMINISTRATIVE, Is entitled
, a deed to fee simple. in trust.
owever, for the heirs Of the estate
{ j. II. Biazzard. The proceedings
eem to be regular, and the court 1
al Jurisdiction Of the matter and
ne power to make that order.
In pursuance OF the order and o:
ne law, the Mayor decided the land
Mary 1son Blaxzar,i, adminis,ra-
TX OF the estate Of J. II Biazzlrd.
eceased, In trust for the heirs OF
lid estate, and concluded by say
X; "By these presents do here
y grant and convey unto the said
larry Ison Blizzard, administrator
the estate OF the late J. II. Blaz- I
nd. deceased. in trust for the heirs
said estate, /" the land described. G
Tna nrraEfsasa q. .....g. ! /.