New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-02-04
THE COURTS.
DECISIONS BY THE SUPREME COURT.
THE OBSERVATION-DISCLOSURES IDAHO TEST OATH con
sTITUTIoEAL.

Washington Feb. 3.-Tbe Supreme Court o. the Unite
States through Justice Field today rendered opnol
Affirming the judgment Of the Third judicial District cours
OF Idaho the Of Samuel ID. Davis against II. @.
Beas0n sheriff Of Oneida County The question involved
was the eonsttutonaIity Of the EdmuDdsTuekef Idaho
test OATH requiring OF Idaho, when they 70
register TO take oath that they are not bgamists
poygamst that they do not teach, advise encourage
the practice OF bgamy poygamy and that they no.
members OF any order which practises or encourages
mural marriages. Davis convicted Of conspiracy
peryert unlawfully the administration Of tho laws Of the
Territory by taking this prescribed oath, when he
fact a member OF the Mormon Church, which he knew
taught and encouraged It's mernters 70 commit poysny
After he was found guilty he brought tie 70 tlg
suprene Court on application for writ Of habeas CORPUS
contendinq that the facts alleged did not constitute
public offence and that the statute prescribing the ss
oath was law respecting an establishment OF religion,
and therefore unconstitutional This court says nas
bigamy and polygamy are crimes oy the laws Oh he United
States and Of Idaho.
An opinion was also rendered in the case Of Bufod q
al aq Houtz brought here appeal from ue supreme
Court of Utah. Bufod and his partners are stock sss
and owners OF about $4,000 acres OF land, principally
odd numbered sections purchased from the CenaI racine
Railroad To which Congress granted the land The land
is not fenced n uioFd asserts that this cannot 10
ncosiDg largo portions OF Government l@na
or rendering his lands OF value by preventing
the cattle from obtaining water. He seeks oy the
present suit to secure Injunction 10 prevent Houz
and others grazing sheep on these lands hooa con-
tending that he is entitled Craze his sheep on the
public domain and that he cannot do this without
the cattle going Butord's lands he Is not committing
respass in entering those laods. The court says a
Buford and others seek, by tho purchase oil Aa' oe
tached through large part OF the puDnc oonian' "
exclude Houtz and others from the use OF TINS puDhS
domain grazing ground while they themselves sppo
pirate all OF t 10 their A CALCULATION OF NT
affected impresses the court still more WIN @s
injustice OF this attempt 1t Is sought 70 deprive 1e
defendants OF the use OF 92i, 900 acres OF lana'
OF which only 100000 are owned by tho painth''
The States their early days have all required tha'
owners should fence they wished to Keep other
cattle grounds. and This is the law OF Utah. IAs
decision OF the Supreme Court Of Utah Is affirmed
Other decisions follows:
No. Ills Granville Beas appellant, agt the Illinois
Missouri and Texas Railroad Company et al Deeree
affirmed with costs. -, .-,, -. an, 4.
ordered BY the that mandates issued In all cases
nror TO January l. $780, when applied for except where
petition for reheang is pending and cases doeAeea are
No 467-The People Of :he State OF California, plain
tits In error agt the San Pablo and Iuafe karoso SV'
pany Reassgncd for argument on Maieh ~; cnn.pv
ct al appellants agt. the State OF tennessee DoeAe'a
"H No i0s-The Pennsylvania Railroad Company plain.
No ie4"Henry S. Little receiver, etc. plaintiff N
error agt. Samuel D. Bowers Sontroei, se', ,,gd ~
counsel for defendant to file briefs herein eAte'o "
March g. and leave file motion to dismiss xrahtu g.
No l. 62-The Richmond and DanVtl!e iSaiHOau N'"'
pany appellant ag.. Nicholas Thouron e al. ,.,.,,.,
Railway and Warehouse Company appeant agt NichOA'
1houron ct al Motions TO dismiss suomittnd 49,, A..
Adjourned March The day call od for that Gay
and 213.