Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-04
THE LATEST DECISION.

THE news of the fact that the
Supreme Court OF the United States
had affirmed the constitutionality
of the Idaho test oath law yesterday
created profound sensation in the
community. We must say that, so
far as our observation extended, if
the anti-s'Aiormon'' element were
jubilant over the matter, their
exultation was OF subdued char
acter. .-rr
Perhaps it occurred to the more
thoughtful portion OF them that the
decision BODIED no good to this Terri
tory, providing its probable fruits
should be applied to Utah. If so the
reflection was correct. 1t can be
stated as an infaIlible philosophical
truth that no considerable por-
ton Of the people Of common
wealth can be placed at an unquali-
fed disadvantage without the
whole suffering severely from en-
essential sympathy of interests, If
for no other reason. When those
placed under the political cloud con-
stitute the overwhelming majority,
this truth has all the greater potency
and more widespread effect.
Whether thoughts in that line
had or had not an influence on the
minds Of the minority and prevent
ed them from exhibiting satisfaction
in unseemly and exuberent out
bursts cannot, Of course, be definite
ly stated, but the fact exists that
thus far since the reception of the
news, their attitude has not been
nearly so boisterous as might have
been anticipated.
Upon the majority Of the people
the intelligence induced a general
spirit Of seriousness, consistent with
the gravity Of the situation. Their
courage was not daunted, however,
for such an effect is almost impossi--
bic Of production under the most
trying situations.
Neither was there an undivided
concern regarding the probable
future results Of the decision in their
own case. The welfare Of the ma
ton shared portion Of the anxiety
felt by them. They could see in
this action Of the head OF the judi
cial branch Of the government a
fulfilment of predictions made by
the Prophet Joseph Smith on the
subject Of invasions of the safeguards
Of the constitution, and his prophetic
forecast Of the dire results that
would in consequence accrue to the
Republic at large.
The Constitution is an instrument
which defines the rights Of the peo-
pie who adopt it and the duties and
responsibilities Of their rulers. One
ofits chief objects is to protect mi
norities from the encroachments of
majorities. Froude, the eminent
English historian, in his Lives Of
the Caesars, asserts, in substance,
that if history has taught any one
thing it is this: That when from
any cause republic denies auy
portion Of its people the rights and
privileges of its constitution, the
constitution itself falls to pieces
from sheer incompetence for its
duties, and the breaking up and
decay Of the government is no
longer distant.
Viewing the decision from our |
standpoint it denies a vital guaranty |
of the Constitution to a portion OF |
the people in this great ma
ton - that Of full religious
liberty. Any position assum- |
ed that this right is not invaded
appears to us TO be disingenuous. To
claim that the law sustained by It
only relates to the dislualifications
of voters and for holding office is
merely technical. The whole spirit
Of the Idaho statute is inhibitive Of
religious freedom. No mere play on
words or terms can hide this Patent
fact. Itproscribes from the privi-
leges which accrue under citizenship
those Of voting or holding office
men who have faith in the atoninr
blood Of Christ, repent of their sins,
are BAPTIZED by immersion in water
for the remission Of sins, have hands
laid upon their heads that they
might receive the Holy Chest, and
who partake Of the Sacramentof the
LORDS Supper. These innocent
'eligious acts entitle the performer
o membership in the Church Of
Jesus Christ of Latter day Saints.
Under the law in question,
nose who have taken the stems
named are denied the privilege of
'Oting or holding office in Idaho. {
None Of these actions have any re-
alton to polygamy, as the great I
mass Of members OF the Church have ,
lever entered into that order Of {
marriage, while those who have | |
one SO have for years been under
be bane Of Acknowledgement by the {
perations Of the congressional stat I
te known as the Edmunds Act.
he Idaho statute has no reference 8
} the latter class, they having al {
lady been'covered by the national 8
atute. Its effect only reaches a (
lass who have broken no Law, whose '
.Iigious acts are entirely innocent, J
nd therefore not within the reach L
a disabling act. /
In view of these facts, which r
ere ably set forth in the argument 3
ade before the court, in the case &