Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-27

tOrially a plain and well digesteC
statement Of the case, ami the posi-
ton taken by the minority as vel
as the majority Of the judges, ant
leaves the Eomentous questions a
issue without comment.
The Ala California strikes at th,
root Of the evil concealed in thi.
decision and lays it open in the fol
lowing trenchant style:
'.The decision OF the federal Su
preme Court escheating all the prop.
erty Of the Mormon Church 10 the
United States, is more than novel. It
is startling. No one questions the
power Of Congress 20 nullify the Ter
ritorill act by which the Mormon
church became a civil corporation.
Such notification YVES no doubt CON-
peteni and constitutional II need no;
be in the nature OF penalty FOR VIC
latica Of the anti-polygamy or any
other law. As an act Ofpublic policy
alone Il would no; be without justid-
cation. But when such local act OF
incorporation is no. only nulliiied but
the property held under il is escheated
as penalty for violation Of The law by
the corporation, vast field OF spscu-
laiive law Is opened. the further mar
gins OF which are no; distinguishahle
from any present standpoint. In this
case the corporation, a church, was
accused Of teneis AMI teachings and
practices contrary 10 law, aud for this
lis property is coniiscS.ed. In juris-
prudence a germ often expands unex-
pectsdly and is found TO have held
principles and possibilities entirely
unsuspec:el. This Is true Of the
fourteenth amendment, which was
believed at the time Of its adoption 20
apply only to natural persons, in
respect OF their legal rights Of person,
property and action. This germ has ex-
panded until il includes artificial per-
sous and has become a most important
contribution TO corporation law. Here
after there will be At least color Of
authority for escheIt OF the property
OF any corporation that is found 10
have disobeyed the law. Congress has
taken jurisdiction Of all inter state
transportation lines, and by statute
regulates their operation. The in'Ii-
cate emergencies Of the railroad bust
ness are 50 impossible Of accommoia-
ton 10 a rigid statute that these roads
are compelled TO cons;au; technical
violation Of the law. Why shall not
escheat Of their property be the ZEN
atty? Again, II church in the wilder
ness shall be eschoatcd for preaching
or practice contrary 10 the law Of the
land, why shall one within the pale T.
escape2 Several Of our strongest .
churches openly defy the civil law, I
and for obedience TO it visit spiritual .
penalties upon their members. Can I
anyone tell why tue Mormon Church I
estate shall be cOnfisc1ted and the I
property Of other churches 20 free? I
An anti Polygamy law is Eo
more sacred than compul- I
sorry school law, 4 high liquor
license law, and others which are
openly denounced and are openly dis
obeyed by several churches. II the
amendment could be ex-
panied 10 embrace artificial persons,
the principles Of this decision, which
now smites HagaT in the desert, NAV
also reach Abraham in his tent. Alta
distance il would seem that the pur-
suit Of the Mormon Church TO punish
il is a repetition Of the familiar story
Of religion using the arm Of state 10
strike a spiritual rival. /; is time that
believers in secular state should
consider the precedents in
legislation and Jurisprudence which
are being established in the course Of
his contest. Idaho disfraBchises for
in the Mormon Church.
and it is proposed to extend the SAME
disability to Utah. the reason and pre-
ext being that the teachings Of the
Mormon Church are inimical TO good
The editor Of the New
York MlI arr EyprcSs says that the
cachinEs Of the Democratic party are
ninical to good government. The
President Of the United States says
hat he will veto any bill passed in
congress by the aid Of Democratic
-oies. Senator John J. Ingalls, has
,iten expressed himself to the eifec,
hat the Democratic party Is Pornicious
md unfit for existence. Now, II these
opinions prevail in any safe suf-
icienlly, why not follow the Idaho i
PRECEDENT and disfranchisc all Dcmo-
rats because the majority thinks their q
doctrines wrong? Scores Of hypo- .
hetical cases can be suggested which :
how how perilously near the edge We
re treading in the principles which :
re being applied to the suppression I
Z the Mormon Church. BY and by /,
he question will be asked, Why was 4
his necessary Why not punish for RI
olygamy the individuals who COM q
nit It, as we do those who commit n
murder, without DISTINGUISHING those Ii
'hU belong to the murderer's church o
confiscating its property And Ii
no can answer it consistently with 5
lie policy which works denial OF their O
vii rights to men as a penalty FOR
leir religious Eelief?'
There is n good deal more in this II
ecision than now appears. When q
lie judicial branch Of the Govern
tent joins in measures Of expedi- e,
lcy that are Entertainments upon n
Ie guarantees which should be K
Iual TO all religions, associations D
ID individuals, and does this for {
e purpose Of SURPRISING an un- 70
pular ecclesiastical body, patriots al
.vOtel to the national welfare. who
n see the probable effects Of such fe
pedients upon other organizations L
d individuals, may well be moved :
serious alarm. 1t is the Nor =
pms Church which is 10 be :,
spoiled today. What Church will o.
the object OF popular wrath and m
vernmental piilage tomorrow" J..
KILLS POLICE REGULATIONS. II.
TIE following, from the New be
rk Fress, a Republican journal. tn
the Iowa liquor case, is signifi- ce'
M.