The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-05-26
:EscIIEAT OF CORPORATE PROPERTY

Manly and courageous Editor IRISH, of
the San Francisco Alta, does not propose
that because only the Mormons are involved
now. the doctrine laid down in the supreme
court decision in the church escbeat cases
shall pass Gnchallenged. He sees the dan
ger in that opinion, and is not afraid to
point it. There are other editors who see
the same thing as clearly as he does, but
most of them ARE not say so, lest they be
charged with expressing sympathy for the
unpopular Mormons. The other day we
reproduced leading editorial in the ditto,
criticlsing the decision. Below we print iu
full an editorial in the latest issue of the
Alta received. 1t win be approved by all
honest citizens:
The decision of the federal supreme court es-
cheating all the property of the Mormon church
to the United States, is more than novel. 1t is
startling. No one questions the power of Con-
gress to nullify the territorial act by which the
Mormon church became n civil corporation.
Such notification was no doubt competent and
constitutional. 1t need not be in the nature of
penalty for violation of the antl-polyganly
or any other law. AS an act of public policy
alone it would not be without justification.
But when such local act Of incorporation is
il is escheated as a penalty for violation
of the law by the corporation. vast
field Of speculative law is opened, the
further margins of which are not distin-
guishable from any present standpoint. In this
case the corporation, a church, was accused of
tenetS ana teachings and practices contrary to
law. and for this its property is cenfiscated.
In Jurisprudence germ often expands unex-
peetedly and is found to have held principles
and possibilities entirely unsupported. This is
true o. the fourteenth amendment, which was
believed at the time of its adoption to apply
only to natural persons, in respect of their
legal rights Of person, property and action.
This germ has expanded until it includes artii-
cial persons and has become most important
contribution to corporation law. Hereafter
there will be at least color of authority for
escheat of the property of any corporation that
is found to have disobeyed the law Congress
has taken Jurisdiction of all interstate trans
portation lines, and by statute regulates their
operation. The intricate emergencies of the
railroad business are SO impossible of accom-
mediation to rigid statute that these roads
are compelled 10 a constant technical violation
of the law. Why shall not escheat of their
property be the penalty? Again, if a church in
the wilderness shall be escheated for preaching
or practice contrary to the law of the land,
why shall one within the pale escape? Several
of our strongest churches openly defy the civil
law, and for obedience to it visit spiritual pen
alties upon their members. Cln anyone tell
why the Mormon church estate shall be con-
fiscated and the property of other churches GO
free? An anti-polygamy law is no more sacred
than a compulsory school law, high liquor
license law, and Others which are openly de-
uounced and as openly 1disobeyed by several
churches. If the fourteenth amendment could
be expanded to embrace artificial persons, the
principles of this decision. which now smites
HAGAR in the desert, may also reach ABRAHAM
in his tent. At distance it would seem that
the pursuit of the Mormon church to punish il
is q repetition of the familiar story of religion
using the of the state TO strike spiritual
rival. 1t is time that believers in a secular
state should seriously consider the precedents
in legislation and Jurisprudence which are be-
ing established in the course of this contest
Idaho disfranchses for membership in the
Mormon church, and it is proposed to extend
the same disability to Utah. the reason and
pretext being that the teachings of the Nor
mon church are inimical TO good government
Tie iditor of the New York Hail and Erpres,
says that the teachings of the Democratic
party are ininlical to good government. The
President of the United States says that he will
veto any bill passed in Congress by the aid OF
Democratic votes. Senator JOHN j. INGALLS,
has often expressed himself to the effect that
the Democratic party is pernicous and unfit 70,
existence. Now, if these opinions prevail in any
state sufficiently, why not follow the Idaho pre-
cedent and disfraachise all Democrats because
the majority thinks their doctrines wrong
Scores of hypothetical cases can be suggested
which show how perilously near the edge we are
treading in the principles which are being ap
piled 20 the suppression of the Mormon church
BY and by the question will be asked, "Why
was this necessary: Why not punish for polyg
amy the individuals who commit It, as we dc
those who commit murder, without disfranchis
ing those who belong to the murderer's church
or confiscatng its property" And who can an
swer it consistently with the policy which works
denial of their civil rights to men as a penalt,
for their religious belief?