The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-06
HERE is TIE GEM.
Judge Anderson's Opinion Deny
ing Mormons Citizenship.
THE PuERiLE REASONS HE GIVES.

He Rehashes Old and Exploded Yarns
and is Chuck Full Of Regrets,
Etc, Etc, Etc.
BEAVER, Utah, Dec. Especial cores
pondenoe of The HERALD. Herewith l
send you full text of Judge Anderson's
latest opinion, denying citizenship to mem
bers of the Mormon church:
THE OPINION IN FULL.
The application of these persons to be-
come citizens will be disposed OF in one
opinion as substantially the same facts are
shown in each case. l regret | have not
been able to reduce the opinion to writing
but the reporter can take it down. The
testimony of the witnesses in each case is
to the effect that each of the applicants has
resided within the United States for more
than i've years last past, and within the
territory OF Utah for more than one year
last past and that each of the applicants is
a man of good moral character, attached to
the principles Of the constitution of the
United States and well disposed to the
good order and happiness of the same.
These facts not having been disputed
would entitle each of the applicants TO be
admitted to citizenship but for the further
fact that each of the applicants has stated
under oath that he is member in good
standing of the church of Jesus Christ Of
Latter-day Saints, commonly called and
known as the Mormon church.
A little over one year ago, while sitting in
the Third district court, at Salt Lake city,
John E. Moore and others made application
to be admitted to citizenship. Objection
was made because they were members of
the Mormon church, which, it was claimed
by the DIRECTORS, was a
REASONABLE ORGANIZATION,
and Il very elaborate and extended hearing
was had as to whether the fact Of member
ship in that organization should debar the
applicant from citizenship. AS result Of
that investigation the court held that those
applicants were not entitled to become citi-
zens. The evidence in that hearing estab-
lished that the Mormon church required
that its members on receiving their endow-
mepts in the endowment house should take
an oath that they would avenge the blood
OF the prophets, Joseph and Hyrum Smith,
upon the government and people of the
United States, and that they would enioin
this obligation upon their descendants until
| the third and fourth generation; and that
would obey the priesthood of the church
in all things temporal as well as spiritual.
1t was shown also by the evidence, which,
however, was also q matter Of general
| knowledge, that the church had systemat-
ically and with all the power and resources
at its command opposed all the laws passed
kindred offenses down TO that time,
and that that opposition consisted OF
everything that WAS possible except open
warfare against the government. If .
member of the church was convicted of
any of the offenses named in the anti po-
lygamy laws and sentenced to prison, i,
was common practice for the other mem
bers to give him banquet before starting
| to prison and reception on his return
Under instructions from the leaders Of the
church those convicted of polygamou:
offeases almost invariably refused to prom
| ise to
OBEY THE LAWS OF THE UNITED STATES,
even when the court would offer to sus
pend sentence or impose light punishm en-
If they would make such promise; and this
too, when the Mormon leaders were pro
claiming as at present. that they teacl
their followers obedience to the law. 1
was also shown that "church fund" ha,
been raised for number Of years for tn
purpose Of aiding those who violated tn
] laws to escape punishment, and this Is nov
practiced, and whenever member of tn
church is indicted in this or any othe
, court Of the territory for violation Of tn
anti polygumy laws, he is defended by al
torneys employed and paid by the church
1t was further shown at that hearing tina
there was a system OF courts within tn
church for the determination of contro
: versies between the members which as
fsumed to exercise judicial functions eve
to the extent OF rendering money jude
ments and annulling or modifying jude
3 ments rendered by the civil courts.
1t was held In that case that an alien VIII
ceme to this country and joins this churcl
ll-sn organization whose whole history wa
one of opposition to the enforcement G
the laws of Congress and OF defiance OF tn
. government, was not q 1T person to b
4 made a citizen of the United States, an
: the applications were denied. This rul
5 was followed by the courts of the territor
down to within the last month or 81
{ weeks. On the oath day of September las
Z MILFORD Woodruff, president of the church
!; issued manifesto in which he denied ther
: had been any polygamus marriages cell
9 brated in this territory as had been r,
! ported by the Utah commission, and denie
I I that he or the teachers or elders of tn
Q church were teaching polygamy or encou,
! aging members of the church to contrat
J. polygamus marriages, and stated that b
u advice to the Latter Day Saints was to TT
T frain from contracting any marriages TO
hidden by the law Of the land.
] UPON THE STRENGTH OF THIS MANIFESTO
d! / am advised that the courts in the Fir:
and Third districts of this territory hav
since il was issued, admitted members
the Mormon church to citizenship. re
greet very much that upon a careful stud
of this manifesto cannot agree with tn
> holding of those courts. l am unable to 81
:. that it removes the grounds OF the obje
9 ton which for the past year have bee
I deemed sufficient to exclude alien member
of this church from citizenship. The maj
;ifesto only advises the members not to col
tract in the future any marriages forbid
k den by the law of the land. 1t does N,
} ever advise those members who are no
living in polygamy to stop their polyg
nous practices and live within the law.
announces no change in the doctrine or t
n lief of the church as to the rightfulness
"a tpolygamy, nor does it advise or order I'll
20 discontinuance of the disloyal oaths admi
. istered in the endowment house.
BY Barlow Ferguson-Your honor, do
not the ratification in the conference ST
that they will obey the laws of the landl
:, BY Court--No, the ratification could n
of extend any further than the thing ia,
fed 1t was simply vote in the confe
ence by q large assembly of the membe
"a endorsing the manifesto But even in e
1t dorsing the manifesto, Mr. George Q, Ca
ID non, one of the great leaders of tho churc
d. and the principal spokesman on that
NJ casion, was reported in the public press
W saying in his address, in substance, tt
e. s'while he endorsed it himself under I
7 circumstances. yet he referred to the Il
; that some of the members who
o: HAD NOT LIVED IN PoLYGAMY
70 would rejoice that the manifesto had be