Montpelier examiner. [volume] (Montpelier, Idaho) 1895-1937, 1906-12-21
CONTEST AGAINST BULGE.
Papers Filed in Bannock County
but None Filed in Supreme
Court.

| SO0ttt
In the case brought in the district
court for Bannock county challepg-
ing the eligibility of Judge Bulge to
hold the Office he fills, the court is
asked simply to adjudge that he is
ineligible and declare the office va
cant.
The complaint, which was filed
with the clerk of the district court
in Pocatello, last Saturday, allegt s
that Judge Bulge is member of
the Mormon church; that he CON
tributes toward the support of that
church; that the Mormon church
"teaches, advises, counsels, encour-
ages and aids persons to enter into
polygamous marriages." that 1t like
wise encourages plural and patriar.
chal marriages; that it teaches and
| outIbCS tudG tuc laws vi lHc hldte are
not the supreme laws of the state;
that Judge Bulge is living in celes.
tial marriage and that he Is living in
patrlarchal marriage; that he en-
courages others to enter into such
marriages; that the Mormon church
through publication and through it's
authorized representatives, teaches
and encourages polygamy; that
President Joseph F. Smith of that
church is openly living In polygamy
with five wives; that his first ard
second counselors are living in
polygamy, as we'll as many of the
apostles; that Charles w. Penrose
was elected an apostle in 1905
though he was openly living in
polygamy; that the conferences OF
lhe church have sustained these ef
ficials; that many members of the
church in Idaho are living in
polygamy; that by reason of living
in poly gamy, officials and author
lied representatives of the church
are and have been teaching, and now
are advising, counseling and en-
couraglng persons to enter into what
are known as polygamous, plural,
patriarchal and celestial marriages. y
For these reasons it is claimed
Judge Bulge Is disqualified.
Judge Richards, who, as attorney
for the Democratic committee, pre-
pared the complaint, returned to the
city yesterday. He states it was the
intention to file similar case in the
supreme court, as there is some
doubt about which court has juris
dictlon of cases of this character
but so far as he Ia advised it wal
not filed. He was away on Satur
day, the last day for filing, and hal
, not been advised what action th,
! committee determined to take will
, reference to the matter.
An examination of the statute OIL
the subject would indicate that 1t i
= the supreme court that has jurisdic
ton. The district court may ais
have jurisdiction, but the pom
seems debatable.
Being brought in the distric
: court for Bannock county, owe
, which Judge Bulge presides, tn
latter will be obliged to call in
Judge from another district to pas
upon the matter. The statute RI
L quires that such contest shall b
e heard within 80 days from the dat
II Of service.
y The reasoning on which the cas-
. is based is that under the condition
D alleged TO exist the judge is inelit
Is ible to hold office. The same re.
soning applies to all members of tt
n Mormon church, and the effect of
], decision sustaining the contentio
n of the complainant in this case woul
.. be to debar all the members of th
E. church from voting and make the
b all ineligible to hold Office. Ho,
D. ever, if it should be proved that d
ID judge is living in patriarchal
ii celestial marriage, decision mig
In be based on that fact alone, the ti.l
"a ing being adverse to the complai