Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-05-20
THE CHURCH CASE DECISION.

10 our Readers further Information
regarding the decision % the United
States Supreme Court. iuthe Church
suit rendered yesterday. There is
@ striking peculiarly IN uea-Iy al
the DEGREES affecting the rights Of
the La.ter-day Sauts-tEey are al
most invariably zuIv.rstyu Of Gle
meGtary or Fundamental principles.
They are, as q rule, so gllriugIy uu-
constitutional tlat tlcir true gHarac-
Ter is glaiHiy within llc ccmp5cheu-
son u tha mt-s o- tie 5..u.a. Il
requires no legal taluin- 30 per
csIvs Ue situation. a sgayfa-inc
uG1n can run ami read, as we trust
TO be able, ia a brisC space. to show,
IN. relation to the case under con-
sheraton.
The arguueutmals 10y Americas
E-@test constitutional lawyer. Dam
lei Webster, In the famous Dart
InuA College case, was followed
hy decision which has hitherto
hcau Regarded 81, forever establish
Ing the proposition ti,al q charter.
grsuoed au3 accepted, becomes q
contract, and Iazsr, under the
shelter If tl-t l.lwars Of property
rights, the cis-~e OF the Coa,Ia.-
ton which declares that the ga!frl-
ti9us of contracts small not be
impaired. To hold THAT the
granting lower, which is usually
the legislative department Of the
government ig tits country. may
give charter and t-cu revoke id
at pleasure, after the rrautee-
have condemned 90 lie terms.
and laaagI v.aa #. Is.
10 undermine al corporations.
private and mualliurf AMI s.i,fgc.
taa tenure VI their existence To- Tie
caI'r.ee Of the Legislative Will Let
sgeh a doctrine be o-.as IlzheI and
s.a-H ia banks, railroads AID al
a.a-s a enterprises based u5gn q
charter, would gui-sIy sink in
Falar, AND perhaps become WORTH .
less i- IS, therefore. g necessity Of .
u... PRESENT Oscillation, That char .
i.-5 granted and acted upon snail ne /
o-gI-l sacred contracts. Thu-. IN .
taa case u .ae Mormon Caar.b. {
modern elyllz.t.5r als received q
q ta-is. in q vita. part.
Taxing the to3eEuplfe syaus,f- I
Of tie bass formulated blythe count .
as a jusad.s.ign 1ar i.s pxf-.rr,f- 1
nary decree rs fairly correct. &. d. .
presumed That one 81 i.- elen,.rr-
was ulc claim that Congress hasa [
7is5- to 'uuuul any law " the Ter I
rfta-y." /
This proposition las nothing
to stand upon. A republican .
io-m OF government IS guar /
autesi to the ra0arr. whether .
they EsHiisiua state OF Territory /
Anautl9ri.y OF the Kind claimed /.
l1I Congress would constitute that
body an au-o.rs.y, governing the
people OF the Territories rs an /
emperor rules his sugj.cts. Such q
form Of government is anita eHu.If- /
car.
The rule has been flz Congress 70 /
exercise = supervisory aul aruull- I
!pg power over tie enactment.
passed. 10y the local LEGISLATURE
which have iuv--lsliy been
Submitted f,s iss ar--,vel /
fhgss statutes which van, mar
disaFlr0vcI 'y g1uzsg,s he.
came the laws OF trs Terrf,rrv
sn the same principle t11. q nation
al la% goes into effect when the
} resident O. the United States r!ils II
30 act uponit To claim TIA. Con-
sres5 has an CT p.ss fse'7 r,shr To- .
'nnal the laws ~ tine Territory that
awe been in operation for nearly
geacr-ioa Is almost rs absurd =. ,
% claim That .as CHIEF Tsecutiv,. 3
II tie Republic hasars,75actiysv a
'lwer.
SIch q doctrine as tha. sp;,ri- =
.-eI SIS one aC tire apologies u..p L
which tlis unjust decision re... ;
mounts to rendering thcrf-htor fine T
.eopie Of Che Territory la local self n
.'yer"meu. Gclasi51 auIa srarc d
takes aFaygvery ve-tiss OF DOM.
'rs'vfEaisa.y and constitutes Con nj
.'--s King. =
The reasoning Of lhe court where fl
q it claims taaJ the statute which ! 9
Incorporated she Church VS. i'm l.
'ut@ve1ti3a of thu constitutions! / ID
Inhibition against enae.ments m n
.tr-in- au Observation-Disclosures III
lal'aciogs on its face. AttR,. time \,
De statute was uaszei there wis no b.
aAel'l disappointment The body a
religious wgr-lisuers which wa. 1 b.
i-.ie! by % aseau. "a body carao- n
..c ,ias e might hold Ire la.sI ti.la \
property. Al other churches are az
.rpcate bodies Crr the same re,. "
n- We hold TO the contrary Of N
e position assumed hy the court IN
IL that Congress and the au-ust fe,
.ay whose action Is now uu-i,.r tn
view have done TINT which The a ,
ter his charged against tue local
3 Stature, which we VIII now rr,- IN,
ed to show. ~
Any act that iavors one religion "a,
'er another Is a viUla.isn Of the bs
Mus aud even the letter Of the r..
Institutional Inhibition in relation AZ
an establishment II religion. Con. in
-ss has passed an set dlsiucouor- nj
ing ore religious b0dy and sa,
cheating it, property To the gov mr
nmgnt; consequently, TO The ex- an
lt that il las Disseminated itf,
ainst one church It has favored fro
e others by exemption from the ocC
]cess. II has constituted the tru
Ter churches left legally intact ia.
4 IN posses sion Of their property, ate
established state religions. In she
tanning this legal wrong, the dec
nj has placed !is seal upon an IN Law
istitutionsl process Of unjust dis in
which cuts down the for
Ialiiy Of religions and individual ext
zsns before the law and before ma
administration. the
o make this Point more clear, ifllow