The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-12-03

had in view the oppression and cruelty and {
barbarity that had been practiced by gov |
ernments in past times in attempting to-.
form and shape the religious convictions OIL
the people, and hence this provision is
placed in the constitution. They believed
that the best interests of tue American peo-
pie required such provision in their fun
damental law. This can only have bear
ing as Indicating to some extent the pu bic
policy, and what is right with respect to
Individual belief and worship. 1t indi-
Gated the conviction that every man should
be at liberty to form his religious beliefs
and convictions without interference by
any one, except by moral teaching
and persuasion, which is tolerated of
course. 1t indicated that no law at |
least should be adopted on the subject, and
to some extent, it is an indication that no
individual should, by violence at least, or |
by intimidation, undertake to regulate the |
religious beliefs of others, or that he should |
not, by brides or rewards or punishment, l
interfere with them. Now, If this provi-
sion amounts to anything, it is this: This |
man said to his children, IF you will join |
the Church of Jesus Christ of Latter day |
Saints, and so conduct yourself with re-
spect to that church as to be considered
members in good standing of it, when this
estate is distributed, you can have all OF
this land; that is your reward If you do
not, you are dlsinherited, and it shall go to
another.n Such an offer as that would be
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 men
toned, and it also, with some, might have
tendency to actually shape their convic
| tions; because some people are so conStl-
tuted that they believe what it is to their
interest to believe; and this influence is
powerful one in that direction with some.
| 1t would seem to me that the government
| through its court, which is the instrument
| entality it employs TO interpret, construe
and apply the law. should not sanction such
provision. While of course it is Dy max
ing the law, yet it is saying to the man who
makes it the will, that he may make the
| law and the government will enforce it;
that he may impose such condition, such
a rule, such restriction upon his children,
and that the government will give it all the
| force and effect Of a law of the land as 10
him and as to all others. That would seem
to be contrary to the public policy of this
country, and particularly as to this terri
tory, with respect to the particular church
to which this property was to go in case
the devisee could not take it, and the
church to which these persons were re-
quired to belong. If there is any one
public policy that is established in this
territory by the government of the United
States, it is that polygamy and unlawful
Capitalization are wrong, and that they
should be rooted out, and cut out like a
cancer, as an enemy to society, an enemy
to humanity, an enemy to one of the most
important institutions upon which the
social fabric stands, the strongest pillar in
the great fabric that shelters and protects
US all, that protects virtue and chastity
among men and women.
This church, at the time this will was
made recognized polygamy as right, and
held that in certain contingencies, and I'M
: der certain conditions, that 1t was the duty
of some to practice it. The public policy
of tine government of the United States,
and of the laws relating to this territory
enacted by Congress, is against inducing
anyone to embrace such faith. 1t has by
an act of Congress forfeited several hun
dred thousands of dollars worth of prop
erty in order to suppress polygamy and I'm
lawful cohabitation, and to take away from
the church that recognized and taught such
doctrine the power and means to extend
,, the dominion of the church, and to make
, proselytes in this and other lands. That
! being so, it certainly would be contrary to
the public policy for the court to sanction
q will, and all wills, by which inducements
! of this kind were given to persons to EN-
brace that faith. 1t is directly opposed tc
the public policy of this territory as indi
Gated by the laws of Congress and by the
. actions Of the courts.
. l am of the opinion that this provision j:
, void.
These plaintiffs claim under a deed Of
deeds executed by the mayor of Salt Lake
city, the testator, John H. Blazzard. ap
q pointed Mary Ison Blazzard his executrix
q and she, in pursuance of the act of the ter
, ritorial legislature and the townSite law o
Congress, filed claim with the probat
| NJ cd mi isfr otriy of 10 TO Of n,
late John Blazzard for and in behalf of thu
heirs of said estate; and in it she repre-
n sented herself as Administrative Of the es
tate and not eXecutriX. The hearing wa
;, set down for certain time; time given TO
r persons to file counter-claims; and at tn
q time mentioned, this order was made
MARY /. Blazzard, administrators of tn
! estate of j. II. Blazzard, claims all tina
II part of lot 6, in block 60, etc." describin
g the property. 1t further states that sh
7 appeared on the 3lst day of June, 1872, an
q showed to the satisfaction of the court tina
n she is in trust the rightful owner and occr
:, pant of said lands, and there being no ad
a verse claims. 1t is ordered and adludge
- that she, as Administrative, is entitled to
~ deed in fee simple, in trust however, 70
the heirs of the estate of j. H. BlazzarC
% The proceedings seem to be regular, an
"a the court had Jurisdiction of the matter an
/ the power to make that order.
IT In pursuance of the order and of the Law
" the mayor decided the land to Mary Iso
t. Blazzard, administrative of the estate {
it j. H. Blazzard, deceased in trust for tn
a. heirs of said estate and concluded by say
,r ing: "By these presents do hereby graz
,r and convey unto the said Mary Ison Bla7
lie zard administrators of the estate of tn
Mt late j. H. BlazZard. deceased, in trust fl
IN the heirs of said estate" the land de
ne scribed.
10 The question is made here that the he'll
ne Of the estate meant the persons entitled
of the estate under the will; that it did n,
of mean his lawful heirs; that if it had, IL
to term would have been used ''heirs of JOB
ne H. Blazzard, deceased The term heirs
e. a technical one, and embraces persons wi
lis are so related to the deceased, as in tn
to case, by consanguinity or affinity, as und
of the law makes them heirs. The childre
On of course, would be heirs by CO
ON sanguinity, and the wife, whe
he she may inherit, would
ut an heir by the relationship
do affinity under the law. That is the usu
% meaning given to it. 1t refers to the DE
of sons to whom the law passes the estate
he case of the death Of the person ownil
ay property. The proper term would ha
he been here, the devisors. 1t is possible al
at probable that the parties to this deed d
he not take into consideration that there we
or lawful heirs alive, or they might have u
on derstood that the defendants were, if tn,
ld did not know the facts, or they may ha
he understood that 1T referred to the devised
ng But under the law and the language use
- / am of the opinion that this should be he
as to refer to the lawful heirs of John
lat Blazzard.
be The property is gwen IN trust witho
he any further expression. 1t says, g
to trust for the heirs Of said estate" whicl
to am disposed to hold means the lawful he
at of John H. Blazzard. 1t is what is som
all times termed in equity dry trust. 1t