Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-11-18
VERY CHRISTIAN" IS 1T NOT

The North Western Christian Advo-
nte, Of November S. attempts to take
. new tack In It's devious course Of ac-
ton against Senator Reed Smoot. Ths
article II contains IL entitled Mormon
Notification Of Law" and consists Of a
labored effort to show why the Senator
should be expelled from the seat he
holds in the upper house Of Congress,
This Is theme which. particularly
on the lines pursued IN the article under
consideration. IS more suited to secu-
lar than religious public journal. But
the Advocate. which calls itself Chris
tan, seems determined to mix up
church and state I'm reference to this
question, while Il pretends that such a
procedure on the part OF the 'Mormons'
IL so highly reprehenslble that It ought
10 be stamped under foot by the people
of this Republic.
The Advocate claims that heretofore
It has presented this case ''in It's sentl-
mental and moral aspects but now
essays to give the legal side OF the OPP
position to the Senator and show why
he should not occupy his seat. But
after wadlng through great mass Of
reading matter II Is found that there
is nothing in it but the same old TRADE
against the leaders OF the Church, their
alleged defiance Of the government
hn Ia ~ thn opA tho
legislation and decision OF courts
against the practice OF polygamy. QUO
tatlons are given from decisions OF the
United States Supreme Court, concern
ing the line between religious liberty
under the Constitution and the infrac-
lion of law enacted to govern the acts,
not the belief. Of individuals.
That II all stale argument, on that
which long ago ceased to be a point OF
contention. The Latter-day Saints
stood for many years upon the theory
that the first amendment to the Consti-
tuition of the United States was intended
TO protect religious acts. or the free
exercise" of religious duties and prac-
tees. and therefore covered the ground
of the plural marriages into which they
had entered from religious motives and
under religious ceremonies, for which
they did not claim the sanction or rec
ognitlon of secular law. After ihe final
decisions of the Supreme Court of the
United States on these questions, they
yieldeS compliance and ceased to con-
tract such relations az were forbidden
by the laws pronounced constitutional.
To bring up now those decisions and
argue upon them * waste OF
time. energy and print, So with
decision rendered In a Utah
court, which the Advocate copies at
length, and which was VIGOROUSLY
rendered for political purpose. was in
direct opposition to the evidence ad-
duced, and after its immediate purpose
was served. was treated as a nullity In
the very court IN which 1t was render
ed, and was repudiated or ignored In
the other courts OF the Territory
The Advocate shows In many parts OF
the article TO which 1t has given space,
IT'S ignorance of the facts In the history
OF Utah and the "Mormons.' which We
DO not care to allude 20 except In one
or two instances For example, lt says;
In 1862 the House passed what is
known as the Morrill, bill which pun
ished not only polygamous marriages.
hut cohabitatlon without marriage"
Reference TO the statute mentioned will
show that neither "polygamy' nor
polygamous cohabitatlon Is mentioned
therein. II is an act against bgamy,
FOR committing which IL provides PEN
atty Of fine and Imprisonment. Moth
ing Is said about It further. The Of
Tense OF "polygamy' was not cstab-
llshed and defined by Congress until
the act Of March o. 1852. in which the
different offense OF poygamous cohab-
itatlon was also prohibited ana defined.
When religious journals attempt to
expound secular law they ought 20 en-
deayor TO be right before they proceed
10 go ahead. I'm commenting upon Il
The Advocate says: "The law. however
was practically dead letter, as is to-
day the provision OF the Constitution
~ the state Of Utah prohibiting poly
gamy" II is true that the bigamy act
~ 1862 remained dead letter on the
statute books OF the United states. but
A ia NOT frup ruat -ha rr,yi-fg.,, 90 .h .