The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-07-30

inherit to all children born Within twelve
months after the passage of this act: 50 that II
allowing iiiegitimatc' children to inherit from
their fathers encourages polygamy, Congress Is
guilty OF fostering that institution. Fol the
period oil CESSATION is nine months; TINT leaves
Three months for men to beget ilegitilnate emil
aren, ana encourages polygamy for that iength
of time.
But does in the nature of things. the permits
sion Of illegitimate children TO inherit of their
fathers encourage or eountenance polygamy.
Ii So how 1t would certainly increase the nos
tility ef the lawful wife TO pofygairy and the
opposition OF her children, for it would lessen
crease the mans passions, or his love of lech-
cry and dissoluteness. 1t only takes from The
Legitimate the stain Of bastarly, and plaresit
on plane where it will not be an outcast with
out recognized relationship or family
Looking over these statues and remember
ing The condition of things in the territory OF
Utah at that time, / am forced to the opinion
that the act of Congress OF 1872 did not anaul
the act of the legislature OF tab of lSi2 allow
ing illegitimate children to inherit 1t certainly
diu not in terms. and cannot be made to only by
IN Interpretation that amounts TO Judicial leglS-
lation.
Why should Congress leave to the courts to
hunt cut the laws of the territory it intended to
annul. when the laws of the territory were be-
fore il: Whose duty was it to point out the laws
that maintain and encourage polygamy. The
Congress CT the courts? IF Congress pointed
them out, the question was definitely settled. If
left to the courts uncertainty would arise. and
differences of Interpretation would invariably
occur, and the administration of the law would
be rendered uncertain. These remarks only
show that it could not have been the intention
of the Congress to leave to judicial acumen the
finding of those laws of the territory that might
be thought to maintain and encourage polyg-
amy.
1t is said, however that that part of the law
which allows the mother of illegitimate children
to inherit clearly encourages polygamy-that
question Is not in this caSe-and if courts decide
the question before them they will be busy
enough. But it may be remarked that it does
not follow that because the mothers of illegiti-
mate children are allowed to inherit encourages
polygamy, that the Inheritance of their children
would and does encourage that vile practice.
The Congress may have had the allowance OF
mothers of illegitimate children to inherit when
il used the expression-parts of law; / do not
think it follows that Congress- when it passed
the law of 1852, had in mind tie right of illegiti
mate children to inherit from their fathers, as
encouraging and supporting polygamy, because
1t was well known at that time that 1t was eX
tensively practiced in Utah territory
The right of lllegitimate children to inherit
from their fathers has been universally upheld
and permitted from 1862 until now, and the title
to much property is based upon its validity. and
courts will and ought not to declare that law in
valid without weighty reasons.
think the law OF the territorial legislature of
| $50 was in force at the time George Handley
died, and that the appellants are entitled to
share in their estate.
ACCEPTED AND APPOINTED.
An order was made accepting the resig-
nation of Z. II. Dyer as receiver of the Per
petual Immigration Fund company and
appointing H. W. Lawrence in his stead
upon filing bond in the sum of $4,000.
| ADMITTED TO PRACTICE.
E. E. Richie of Kansas was admitted to
practice.
On motion of the court, Judge, Hender-
son was admitted to practice. The judge
then retired from the bench, and it is un-
derstood that his successor, Judge Miner,
will enter upon the discharge OF his duties
on August g
| ADJOURNED.
The court then adjourned until August
80, at 2 p. m.
Before Commissioner Wolcott.
Commissioner Wolcott's time was occu
pied yesterday in trying the civil suit OF
Charles Cohen VS.. Joseph Caplin and E
Cohn, in which the plaintiff sued to re
cover S299 damages for malicious prosecu-
ton. The plaintiff was arrested recently
on the charge of assault and battery upon {
complaint sworn to by the defendant. He
was tried before Judge Laney and &C
quilted, and then brought this suit A de
ciSion will be rendered TODAY