The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1892-02-07

judice.
In the line of that thought we desire this
morning to bring before our Mormon
friends case which illustrates one of the
cardinal differences between the Demo
cratic and the Republican parties. 1t is
well understood that the Democrats are
strict constructionists and that the Re-
publicans are broad constructonists. In
other words, the Democrats believe that
whenever question of power or authority
under the constitution arises between the
government and governed the doubt should
be construed in favor of the latter. The
Democratic party believes that article 10
OF the amendments to the constitution,
which provides, THAT the powers not dele
gated to the United States by the constitu-
ton, nor prohibited by it to the states, are
reserved to the states respectively, or to
the people," means what it says. The
Republicans believe, as they state, that the
word nation should be spelled with CAPT
tai N;' that, in short, the government
should be built up and made strong at the
expense, In all doubtful cases, of the rights
of the Individual
VINO are unfamiliar with the history OF the
constitution, but the underlying principles
are of great Importance as may be aptly
illustrated to the Mormon people in the
decision of the supreme court Of the
United States in what are known as the
escheat cases. Congress in 1887 escheated
large amount of the property of the Nor
/ m m ha of hn h och
of this Territory. The church attorneys
opposed the law, contending that it was I'M
constitutional. The case went 10 tue
supreme court at Washington and was
there ably and extensively argued both
for the government and for the church.
After much delay it was decided by full
bench of nine judges. These Judges are men
Of high character and great learning,
having life positions and in most cases,
certainly in what are known as Mormon
cases, have shown themselves TO be free
from political bias. The opinion of the
court was delivered by Judge BRADLEY, a
Republican, with whom concurred his five
Republican brethren on the bench. 1t was
to the effect that the law in question was
constitutional. The court was unable To
f1d any constitutional authority sustaining
it's decision, but based it upon what is
known as the prerogative of pdrens pdtriG
the sovereign power claimed by the court
to exist within every government ano
authorizing it to do pretty much as 1t sees
fit in any respect.
Differing from the six Republican Judge:
were the chief justice and Justices FELL
and LAMAR, three Democrats. The opinion
rendered by them prom bounced the law tt
be unconstitutional. We quote from thu
official report 1t reads as follows;
FULLER, c. j., with whom concurred FELL
and LAMAR, j. j., (dissenting) 1 am con
strained to dissent from the opinion and judg
mept just announced. Congress possesses sucl
authority over the territories as the consttu
ton expressly or by clear implic alton dele
gates. Doubtless territory may be acquired b.
the direct action of Congress, as in the an
nexation of Texas; by treaty as in the case o
Louisiana; or, as in the case of California b.
conquest. and afterwards by treaty; but tn
power of Congress to legislate over territorie
is granted in so many words by the constitution
, Article 4, paragraph 3, class .. And it
3 further therein provided that Congress sha
, have power to make all laws which shall
: necessary and proper for carryin
into execution the foregoing powers
and all other powers vested b
: this constitution in the government of tn
United States, or in any department or office
thereof" Article l, paragraph 8. In my opin
i Ion. Congress is restrained, not merely by th
limitations expressed in the constitution, bu
, also by the absence of any grant of power, e!
, press or implied in that instrument And L
such power as that involved in the act OF Col
= gress under consideration is conferred by th
constitution, nor is any clause pointed out a
i its legitimate source. regard it of vital col
I sequence that absolute power should never
r conceded as bel nging under our system Of go
t eminent to any one Of Its departments. TIL
q legislative power Of Congress is delegated, an
not inherent, and is therefore limited. l agre
J that the power to make needful rules and req
= latons for the territories necessarily compr
e bends the power to suppress crime; and it
d immaterial, even though the crime assume
g the form of religious belief or cree
J. Congress has the power to extirpate poygam
in any of the territories, by the enactment of
criminal code directed to that end; but is NJ
authorized, under the cover of that power
seize and contiscate the property of persons il
= diyiduals or corporations, without office fount
= because they may have been guilty of crimin
practices The doctrine of cy-pTeS is one of col
:, struction and not of administration. BY it
- fund devoted to a particular charity is apple
q TO cognate purpose, and If the purpose f
which this property was accumulated VIZ
, such as has been depicted, it cannot
brought within the rule of applicable
to purpose nearly as possible resemblir
~ that denounced. Nor is there here any counte
part in congressional power to the exercise
= the royal prerogative in the disposition of
!, charity. fthis property was accumulated fl
- purposes declared Illegal, that does not justi
q Its arbitrary disposition by judicial legslatio
In my Judgment, its diversion under this act
Congres SIS is in contravention of specific limit
y tions in the constitution; unauthorized, e.
% pressly or by implication, by any of its prov
r sions; and in disregard of the fundament
n principles that the legislative power of Il
v United States, as exercised by the agents
this republic, is delegated, and not inherent"
Y These nine iu dyes wero equally learne
equally willing to decide against the Mo
~ mon people or church as evidenced /
" many of their decisions before and sine
le and therefore equally unpreiudiced by al
cS possible political considerations. TT
'e question in Issue involved the constructic
10 of the Constitution as between the go,
- ernment and the people. The Republican
h strictly true to their views of govern men
IS resolved to ooubt in favor of the govern
u ment, which the Democrats, true to the
to views, resolved in favor of the governe
rs Republican views having prevailed Il
SO Mormon church and people have been d
IL prived of vast amounts of property. H,
70 Democratic views prevailed the law wou
n. have been declared unconstitutional al
at the church would still have its propert