Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-29
POLYGANOUS CHILDREN.
The Territorial terf Says They
Csarst inherit from tie Father
APPEAL TO TIE UNITED STATES
SUPREME COURT
rram the Op4nioH Of the O'Aer'
Iud.s. Blackburn Dis'er'>'

y At the session Of the supreme
p Court, yesterday afternoon, altcr the
n NEWS went TO pres, the sc'''Ting
decision was RENDERED.
sup,rre C--ert, Uah Territory.
Il In tn .,-.iur Of the estate Of C"orge
Hz,,diey, DECEASED.
HENDERSON, J.
The applicants, Ruth =. Nevs2n,
BENJAMIN T. Handiev A1-rH' /.
Handlev and Sarsh =. Chapman,
retitiout-d the y76'late court fora dis
tributivc share OF the estate Of
Ge-7gs Handley, deceased, as his
. he!rs-lt-law. Their petition was
g denied in the probate court and they
! appealed 10 the district court, whes=
tie Judgment Of the unni'as's court
was affirmed, AMI ti'"v arFsa!ed 10
this court.
The N--ts aia .Eat George Hand
lev -iiai interstate on the 18th day Of
May, 1874, leaving an estate valued
at 81. JuO. He left surviving him ms
wife and eight children. named II
speCtiyely. John Handley. William
I Handley. Charles J. HaHIley. I'm
ma y. Handiey, May T. h1nulcy.
Ruth \. Newsor. Benjamin T..
Handley ard Harry :, Haniiey,
the last three Of whom are petition
ers ami applicants herein. Iheiict
: four children above named were ali
/ children Of the decreased md Eliza
beth HauCie,-. ms t>Sful wife. ami
/ the last four we're children OF the
. said decsssjsd and Sarah Chapman.
Z his ptaral wife, married 10 him AZ
c0riing 10 the tenets and rules of the
/ Mormon Church. and We're the fruit
Of tina, pOlyeamous relation. Al
these children are still living, eN-
cept Mary, one Of the IDly-aEUus
wifc's children. who died sole and
intestate September -, ISIS. aud
her mother Sarah :. Chapman. has
succeeded to her Interests. The Pc
utiOners and appellants, there-
fore, are the pulyga,lo'-s u. j.
legitimate children, ami the Tu-
lygaEJus children ami Ioly-amJUs
wife itlre ,s.TIr claiming = heir OF
her d,ceased daugEterl Of tine de-
ceased, and the only question Ire-
sented by the record j. whether the
surviving pOlygamuUs or i!iggi.i- /.
mate children are heir-s.- Ir Of ]
the deceased and entitled 20 share in I.
his estate the same - children born
in lawful weiiOcS. The appellants I
base their claim upon the provisions 4
u an act VI the Territorial l1e-sis-
latu7e, approved March 2, 's52, ]
Com. Laws, 1870, PAGE rs and 259, /
section 80, WhicL reads as follows. .
''lllegItimsrc children anu thei-
mothers inherit in like manner
from the father, whether aCSu1w'- /
edged 10y him or not, provided It .
shall be maize 20 appear t. the salts.
faction VI the ccssyt t,ref he Wa Chc 4
fsther OF the Legitimate child OF
children.
ThtS statute, 50 lar ~ Territorial
guactments arr concerned, Wa- the
one in force III the time cf deCcient's
death. On the part Of the respond
ents il Is cOnieadvi, first, that this
statute was annullCd 10y the anti
pOlygsmy aI OF Congress 2rUr1vcG .
July 7 ls62. Second, that the act
is against public poiic-, aud there
fore void. Toe anti GalyEamy act /
ABOVE referred 20 IS rs follows.
BE it enacted by the Senate and
House Of Representative Of the ;
United States q N=fcIiCa, IL Con
gress assembled. That every person .
having husband OF wife living. /
who shall marry any ether person. .
whether married orsingiy. imatgr.i-
tory Of the United states. OF
other place over which the
United states have exclusive
jurisdiction, shall, EXCEPT in cases
specified in the prDviso ~ thFs scc-
tgn, he ajiudgud guiltv n hi-amy. ',
ami upon CoRri"''6.i thereof shall
he punished ~ 4 line not exceeding
1--WE i'andrei dollars and 10y imurss-
onmeuJ for a term not exceeding ,
five years, provided. eve-tleless.
that this section shall not yN lend o. ;
any person by reason Of any former !
marriage whose husband OF wife los
such marriage shall have ipuu al
sent ;3r five Successive years. Will,
's- being known o. such pers.n
within that time g. DC living: nor ]
% any ferner rlaTriage which shall
have teeC dissolved by the decree ,
Of competent court; 20 TO airy for
mer marriage which shall have .
been annulled or Pronounced void ,
y The sentence or decree OF Il raa.- D
psteut court on the ground Of .Le 3
nHiiity Of the marriage covenant.
Sec. =, And be IL further suscl.l .
that the following ordinance OF the
provisional government Of the state
u Desoret. - called, namely. AN
ordnance incorporating the Church
OF Jesus Christ Of LaIter-daySaintS-,
passed February S, in the year 1853.
anu adopted, rg-suactei. aud made
valid by the governor and legislative
assembly Of the territory Of Utah. by
an act passed January -, IN ,he :
year la5J, entitled can act in rrla-
ton 10 the compilation and revision
~ the laws anu resolutions in fo-cp I
IN I tah territory, their publication Z
lnl ll-t-IgutiOu, anu al other acts
and parts Of acts heretofore passed
10y the said legislative assembly. Of
the territory Of Utah. which tstah-
ilsh. support maintain, shield or
tUuutenauce pOlygamy he. and the
same hereby are dis3ppr0vei and
annuiled, provided that this act
shall be 20 limited and construed g
uOttGatirCt OF interfere with the right
otpropeTty legally acquired under I
the ordinance herg.0iOTt. mentioned.
nor with the right to worship Col
according 10 the dictates d con-
science. but 10 only annul all acts
ana laws which establish. maintain.
protect or COuuten3nce the practice
u pOlygamy. evasively called spirit
IA! marriage, however disguised by
legal or ecclesiastical scientific.
>aerameutss ceremony, conservation
OF other coutTivances.
by the organic act approved ser
tember ., 1859, relating esfecialIv 10
Utah, Congress conferred uTou t..
territorial legislature the right 10
iegls!ate upon AL rightfgl sulipcts
d legislation but reserved % itself
the right 70 disapQrove and thereby
inuuL Congress being the supreme
legislative authority over the Terri
tories, II would have this right 81
disapproval and 20 aunul any Teri
torial law. whether it was T,.Sar-,,i
oT not. National Bank W. County
Il laukton, lul. L. =. l.gi
H. therefore, the territorial statute
above quoted or that par; of il which
pfOyideS that illegitlmate ruilt5r..,
Inherit from their father was dI.qn-
proved and amended by The ami
lolygamy act, above Guotel. then
the petitioners claim was properly
denied and this question = solved by 4
determining the character OF the {
territorial ACT /,
Is Ii an act or part Of an act-, ,
Nilth establishes, maintains. shields D
or countenanceS p0iyEamy.
Ia determining the character and 4
meaning OF = legislative act, Ia.
circumstances existing {
u HHaHH - !