Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-01-21

eonnteuance polygamy, be and the
same sre hensby disapproved and
isnDulled; pro7idAi thai this act shall
beso limited and constr,se.l ~ not to
affect or interfere with the night Of
property legally acquired, under the
ordinance heretofore mentioned, nor
the right "tO worship God according
to the dictates of eonsc;euce, . but
only toannul alIacs sod iaws which
establish, maintain, protect or cum
tenance the practice OF polygamy,
evssively called spiritual mar
rage, however disguised by legal or
ecclesiastical solemnities, sacra-
m0nts, ceremonies, conservation or
ether eontrivances."
Counsel for the widow and legiti-
mate son insists that this act Of
Congress disapproved and ahnulled
the Territorial statute giving to
Legitimate children aud their
mothers the right 10 inherit from
the father, upon the ground that the
Territorial statute maintained, pro-
tected aud courienaneed the prac-
tice Of polygany. At,.Ie time Of the
passage of this act the inhabitants
Of the Territory were almost al
members Of the Church Of Jesus
Christ Of Latter day Saints,
commonly called AiGrmons. They
professe,l n belief in pOlygaluy,
and their s0-called Prophets and
revelators claimed " have received
revelations from God commanding
its practice. tt was the most distiB-
gushing feature o. The Mormon
Church, and it. members mad settled
here that they might practice it un-
disturbed. IL was Qublicly taught
in their churches and openly prac-
ticed in ali parts of the Territory by
the people. The Governor anu
members OF the Legislative Assem-
bly, belonged 20 the Church, and
pOlygamy was established aud the
approved condition Of the people.
In order, However, 10 Induce women
to willingly enter ih.o such q life,
Ii vas necessary to provide, as lir ss
possible, for the support Of such wOm-
en- anu their children, and 1 think il
cannot be disputed that this statute
was passed FOR this prrposes although |
it does not, in express terms, mention /
plural or polygamous wives or their
children. 81 common Law iilsgii-
mate children were Incapable Of
being heirs, nor could they have Z
any heirs but those Of their own 4
body. (Blackstoue's Commentaries, I
Vol. I. p. 2i9.) While the rigid rule I
Of the common law has been more or /
less modified I'm most Of the States /
II the Union. 80 that an iliegi- !
innate child Gun inherit from its I
mother and n mother from the I
child, and in some Of the States an
Illegitimate child may inherit from 4
- father, IL recognized 10y him dur
ing his lifetime, yet in no State or
Territory, except in the Territory 1
IF Utah, nor in any civilized nation \
Il the world, 50 far a. | am aware,
IS there n statute giving to illegiti-
nate children, when Rot recognized
" the father during his lifetime.
he right to Prove alter his death
.hatthey are his children and to in
lerit from him the same as II they
we're legitimate!
I think Sc J. plain that the Terrific
-ial statute countenauced ami pro-
ected the practice 81 polygamy aud
vas therefore annulled by the act of
congress referred TO. lt follows
hat George II. Cope is not an heir
f the decedent, Thomas II. Cope,
nd Is not entitled 20 share in the
Of the estate.
The judgment Of the Probate
'ourt l. ofIirncdL