The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1907-12-21
Supreme Court Invoked.

porunity pass upon the case of Dudley D. Toncray
VS. Alfred Bulge, brought in the district court fol-
Bannock county and dismissed on the demurrer Of
the defendant by Judge J. M. Stevens. The grounds
of the demurrer upon which the dismissed
that the court possessed no jurisdiction in the
matter and that insufficient facts had been set forth
to constitute of action.
An appeal has been perfected and the case will go
to the supreme court and will there be heard on the
merits of the decision of Judge Stevens.
Alfred Bulge, the defendant, was elected Judge of
the fifth judicial district the 9th of November,
1906, according to the returns of the board of cam
vassers. The complaint recited that Mr.. Bulge was
ineligible to the position to which he had been GER
titled and asked that he be declared and the office
declared vacant. The matter did not come before
the court its merits 1t was thrown out without
a trial.
In the complaint it was rected as grounds of action
that Alfred Bulge a member of the Mormon
church and that the church of which he was mem
Der taught the doctrine of pariarchal or plural mar
riage and encouraged and assited persons to enter
the polygamous condition. 1t also stated that Mr.
Bulge was living in patrarchal marriage and had
been prior to the day of the election and still con-
tinued to so live That by his example he encouraged
the plural marriage condition and counseled and
couraged persons to enter into it.
In effect the complainant charged the defendant
with polygamous beliefs and poygamous practices,
contrary to provision in the constitution of Idaho,
which says:
Section 3, article 6. No persons is permitted to
vote, serve juror or hold any civil office who
is bigamlst or poygamist, is living in what is
known the patrarchal, plural celestial marriage,
or in violation of any law of this state, of the
United States forbiddng such crime or who in
any manner teaches, advises, counsels aids en-
courageS any persons to enter into bgamy, poygamy
such patrarcha plural celestial marriage or to
live IN violation of any such law, to commit any
such crime who is member of or contributes
to the support, aid encouragement of any order,
organization or association corporation society
which teaches. advises counSelS, encourages aids
any person to enter into bigamy polygamy such
patrarchal or plural marriage, who teaches
advises that the laws of this state prescribing rules
of civil conduct not the supreme law of the
state.
Section four of the article of the constitution
states that the legislature shall annul any of
the provisions of the foregoing section but that it
may prescribe additional limitations, qualifications
and conditions touching upon the right of suffrage
Section three is to stand whatever else happens.
1t is presumed that the judge who dismissed the
took refuge behind the fact that there is upon
the statute books legislation bearing the third
section of the sixth article of the constitution but
the section stands legislation is necessary for it
is self-executng, according to decisions of
high judicial tribunals in connection with like con-
stitutiona1 provisions.
1t is the intention of the opponents of polygamy
in Idaho to test this matter to the limit that the con-
sttutiona clause prohibiting and furnishing polygamy
shall stand for something more than it has stood
and the supreme court will be given an opportunity
to pass upon the contention.
The action against Mr. Bulge was brought with
that intention in view and the decision in his favor
was but the beginning of an effort to enforce ODE