Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-12-06
THE OPINION rs FULL.

THE OPINION IN FULL.
The application Of these persons
TO become citizens will be disposed
of in one opinion, as substantially
the same facts are shown in each
case. l regret hare not been able
to reduce the opinion to writing,
but the reporter can take IL down.
The testimony Of the witnesses In
each case is ID the effect that each
Of the applicants has resided within
the United States for more than five
Yeas last past, and within the Ter
ritory of Utah for more than one
year last past, and that each OF the
applicants Is a man OF good moral
character, attached TO the principles
OF the Constitution of the United
States and well disposed TO tie
good order and happiness OF the
same. These facts not having been
disputed would entitIe each OF the
applicants to be admitted 10 citizen
ship but for the further fact that
each OF the applicants has stated
under oath that he is member in
good standing Of the Church OF
Jesus Christ Of Latter-day Saints,
commonly called and known as the
Mormon Church.
A little over one year ago, while
sitting In the Third District Court.
ut Salt Lake City, John T.. Moore
and others made application to be
admitted to citizenship. Objection
was made because they were mem-
bers of the Mormon Church, which,
1t was claimed by the DIRECTORS,
was a reasonable organization,
and a very elaborate and extended
hearing was had as TO whether the
fact Of membership liz that organiza-
ton should debar the applicant from
citizenship. AS a result Of that in
vestigation the court held that those
applicants were not entitled TO be-
come citizens. The evidence in that
| hearing established that the Nor
mon Church required that its MEM
bers on receiving their endowments
| in tie endowment house should
take an oath that they would avenge
the blood Of the Prophets, Joseph
and Hyrlm Smith, upon the gov
ernment and people OF the United
States, and that they would erjoin
this obligation upon their Descent
ants until the third and fourth gen.
Grafton; and that they would obey
the Priesthood Of the Church in all
things. temporal as well as spiritual.
Ii was shown also by the evidence,
which, however, was also matter
of general knowledge, that the
Church had systematically, and
with all the power and resources
at its conlmand.opp0sed all the laws
passed by Congress against poly
gamy and other kindred oiienses
down to that time, and that opco-
| sition consisted OF everything that
was possible cxcep. open warfare
against the government. III mem
Der OF the church was convicted OF
any OF the Offenses named in the
anii-polygamy laws and sentenced
to prison, IL was n common practice
for the other members to give him
a banquet before starting to prison
aud a reception OF his return. In
der Instructions from leaders OF the
1 Church those convicted OF Foiy-
garnous ofI.nses almost invariably
refused to promise to obey the laws
of the United States, even when
the court would offer 10 suspend
sentence or impose a light punish
mens il they woali make such
promise; and this, too, when the
| Mormon leaders were proclaim
ing. rs ut present, that they teach
their followers cbC iieuce TO the law.
Ii was also found that a "Church
fund'' had been raised for n number
of years for the purpose OF aiding
! those who violated the laws 10 t.
cape punishment, and this Is now
practiced, and whenever \ MEN,
Der OF the Church is indicted In this
or any other court OF the Territory
for a violation of the anti-poiygamy
laws, he is defended by attorneys
employed and paid by the Chusch.
1t was further shown atthat hearing
that there was a system Of courts
within the Church for the deterniin-
alton Of controversies between the
members which assumed to exercise
| judicial functions even to the extent
of rendering money Judgments AMI
anuuliing or modifying Judgments
rendered by the civil courts.
1t was held in that csse that an
alien who came 10 this country
i aud Joins this church-sn organiZ1-
ton whose whole history was one
of opposition TO the enforcement Of
the laws Of Congress and OF defiance
of the government was not fit
person 10 be made n citizen Of the
United States, and the applications
were denied. This rule was fol-
lowed by the courts Of the Terri
tory down to within the last month
or six weeks. On the 2ith day of
Sept amber last, Wilfori Woodruff,
president OF the Church, issued n
manifesto in which he denied there
had bee n any poiygam0ns marriages
calculated in this Territory As had
been reported 10y the Utah COM
mission, and denied that he or the
teachers or elders Of the Church
were teaching polygamy or Gu
couragiEg members OF the Church
to contract polygamous marriages,
and stated that his advice to the
Latter-day Saints was TO refrain
from contracting any marriages for
hidden by the law Of the land.
Upon the strength OF this mani
fe ito l am advised that the courts In
the First aud ThirJ districts of this
Territory have, since il was Issued,
admitted members of the Mormon
Church to citizenship. regret
very much that upon a careful study
Of this manifesto / cannot agree
with this holding OF those courts. l
am unable to see that 1t removes the
grounds Of the objection which for
the past year have been deemed
sufficient to exclude alien members
OF this Church from citizenship.
The manifesto only advises the
members not to contract In the fu-
ture any marriages forbidden by the
law OF the land. Ii does not even
advise those members who are now
living in polygamy to stop their
polygamous practices and live with
in the law. Ii announces no change
in the doctrine or belief Of the
Church rs to the rightfulness of
polygamy, nor does it advise or
order the discontinuznce OF the dis
loyal oaths administered in the
endowment house.
By Barlow Ferguson-Your honor,
does not the ratification in the con-
ference say that they will obey the
laws Of the land?
By Court No, tine ratification
could not extend any further than
the thing ratified. Ii was simply
vote in the conference by a large
assembly Of the members endorsing
the manifesto. But even in endors-
ing the manifesto, Mr. George q.
Cannon. one of the great leaders OF
the Church, and the principal
sDokesman on that Gees sion. WAS