Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-07-11
a JUDICIAL ERROR,

The West BUDnSnlnE tVilPahg VI ~
Paul, Minnesota, issues a leaflet called
Ceases Of Interest" which usually
contains summaries Of cases decided by
the courts in the different States as
well as the Supreme Court Of the Unit
ed states, that are OF general interest
and value. We notice in the latest OF
these the following. which, while
correct statement Of the findings Of the
court mentioned conveys a wrong I'M
preston as to doctrine Of the Church
of Jesus Christ Of Latter-dsy saints
Courts are not always competent
judges OF religious tenets, particular
ly when they derive their Information
from sources that are not authoritative
and there is a grave error in the ruling
that we here notice which we have
heretofore pointed out in these col
umns;
THE sealing ordinance OF the MOT
mon Church, founded on Revelation
on the Eternity Of the Marriage Cove
nant, contained In the Book OF Doc
trines and Covenants Of the Mormon
Church Gas practlced by the Mormon
people,, is a marriage ceremony con-
templatlng marriage for time and for
eternity, and not for either time or
eternity alone. The supreme court Of
Utah. In Hilton va Roylance, 90 Pa
cifc Reporter, $50 holds that the seal
ing ceremony, whereby the contracting
parties agree and are declared by a
duly authorized Church official to be
married for time and eternity, creates
valid and common-law marriage be-
tween parties believing and In good
faith participating therein, the part re-
latlng TO eternity being mere surplus
age: and this Is true though the seal
ing ceremony was performed az a
time when the wife was on her sup
posed deathbed, and after the husband
had been assured that she would die
and the sealing was performed under
the belief that they would thereby he
husband and wife after death, and In
performance OF the said tenet Of the
Church only. But the Church divorce
" the Mormon Church. whereby par
lies who have been sealed as husband
and wife under the Mormon sealing or
dinance agree under the authority and
With the consent Of the Church, TO dis
solve their marital relations, Is not a
valid divorce. though the parties TO II
believe II 10 be valid and thereafter go
through marriage ceremony with 9TH
er persons"
Kinneys Index--Digest OF Utah Re
ports, Vols l--25 just out Of the press
contains the same particulars az the
foregoing, though under sundry head
ings and IN different parts Of the book.
Thus the enunclatlons OF the court on
these questions are put in circulation,
not only among members OF the bar,
but through the newspapers among the
general public, and II Is important that
she mistakes therein should be cor
rected as far as possible.
The sealing ordinance OF the Church
is not, as stated by the court always
a marriage for time and eternity
uusually it embraces both this life and
that which Is to come; but Il Is some
times performed for time only and not
fer eternity, at others for eternity only
and not Tor time, and therefore the
court took a wrong view Of the matter
not being sufficiently acquainted with
It. We are not finding fault with its
decision on the case before It on APP
peal We simply deny the truth OF its
apuoclaflon r.naarpfpo a.. ,,rlya,ipia
that enters into the marriage covenant
In the Mormon" Church. and repeat
that there are many instances Of seal
ings that We're only for time, and others
that were only for eternity The court
might have decided the ease before It
on its own merits. without going into
something with which II was not famll-
lar. But II It's judgment in the case was
based upon the error promulgated IN ts
attempt at explaining Mormon" mar
riage. then the decision was most GER
tainly erroneous.
That a sealing duly performed for time
and all eternity creates valid mar
rage between the parties for time,
needs no argument or judicial ruling.
il is entered into and administered un,
der the marriage laws Of the State as
well as the ordinances Of the Church,
and Is legal wedlock TO all ntents and
purposes. The eternal part OF the cove
nant Is IN the eyes Of the law only sur
plusagei II IS a religious compact per-
tanning to the world to come.
As to Church divorces: They are not
Intended or supposed to have any legal
effect, but simply 10 sever the obliga-
tons entered into on religious grounds.
A legal marriage cannot be dissolved
except by legal process. There is no
dispute about that among the Latter
day Saints or their opponents. We
should not have mentioned that part OF
the decision brought again into prom.
lnence. but for the portion OF Il which
contains a mls-statement OF Mormon
doctrine and practice.
Marriage Tor time ana eternity u a
sacred ordinance which we believe is
peculiar to the Church OF Jesus Christ
OF Latter-day Saints. That which is
sealed on earth by one who holds Dl-
Vine authority to administer il is sealed
In heaven. and the covenant, n adhered
10 in faithfuness by the parties, viii
continue and abide and be Of force in
and after the resurrection from the
dead and be a perpetual union, leading
10 endless Increase and everlasting do
mlnion and glory in worlds without end
There are. however in the Church or
dinances Of temporary nature which
arr special and for the purpose intend