Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-04
AN INFAMOUS DECISION.

WE hope all our readers will
take notice OF Judge Anderson's
decision, a synopsis Of which We
publish today, In relation to seven
applicants for citizenship at Beaver.
He persists in the manifest error
into which he fell when assisting In
the Third Judicial District. We
punctured the decision he then req
dered, and showed its hollowness-
lack of logic and departure from tn.
truth. We not propose to 60 over the
old ground again, today. And We
only have q few words to say
against his unjust un-American
and untruthful utterances In the
Second District Court.
Herefuses the privileges Of cit-
zenship to seven aliens on the sole
ground that they are Enormous.
Thus he imposes q religious test,
which is not only unusual but con-
trary to the Constitution which he
has taken an oath to uphold. The
grounds set forth for his dissent
from the decisions on this matter OF
the First and Third District Courts,
are either speculative or entirely
false.
IF certain events should occur,
the members Of the "Norrnon"
Church MIGHT be told to practice
polygamy. These conditions do
not now exist, they may nevsr tx
ist. and if they should It does not
follow that his theory would be
realized. And because Of these ifs
and butts and maybes, he debars
men of good moral character from
the privileges ef naturalization. He
admits that each applicant is ga
man OF good moral character. !" and
that there is nothing against either
of them, Except that he is q Nor.
mon"
But Judge Anderson says: "rhe
Mormon Church has courts Of it.
own that in many instances over
ride the DEGREES Of the Courts Of the
United States" We brand this
statement as q judicial falsehood
and the very hight Of childish ab-
surdity. But suppose 1t was true.
What has that to do with these
seven men who apply for naturaliza-
ton? Do they claim or attempt
to override any decree Of = court?
And he ssys, "Their members on
taking their endowments take an
oath to avenge the blood Of the
prophets Joseph and Hyrum Smith
against this Government" Every
member Of the Church who has
taken his enduwments knows that
this also is positive falsehood. No
such oath is taken, no oath Of any
kind is taken in those ceremonies,
and the testimony before Judge
Anderson when this matter was
tested was directly against such a
conclusion. But II this were the
actual fact what has that to do with
these seven applicants? Must they
bedenied the equal protection Of be
laws because Of some peculiar rite
performed upon Others?
And because he says polygamists
have been defended in the courts,
and houored on their return from
the penitentiary, these seven men
who had nothing to do with these
acts, which Of themselves are not
criminal, must be denied citizenship.
Because polygamists have given
great trouble TO the Government
monagumists must not be natural.
lied.
Judge Anderson's. logic ID q
faulty as his facts. This decision IL
to he classed with his former ruling,
and both are simply infamous- 1t
is gratifying to know that Judges
whose knowledge Of law and sx-
perience on the bench give weight
to their opinions, do mot agree with
the mingled nonsense and bigutry
Of this recent elevation to . position
for which he was never qualified.