The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-03-07
TonCray VS.. Bulge.

been argued by able attorneys, and the decision
rests with the Supreme Court of the state The
briefs of the attorneys which submitted to the
Court are in print and properly subject to comment
Technically, the judgment of the court is asked for
a question of jurisdiction
The cause was commenced in the Blackfoot Dis
trict Judge Stevens presiding. Richards and Haga
represented the appellant. Clark and Bulge and
Hawey Pickett and Hawley the respondent
In specific terms the appellant-Dudley D. Toncray
alleges that the defendant, Alfred Bulge, is a
member of organization, namely the Mormon
church. and that this organization, and Alfred Bulge
as a member of it, violates the Constitution of the
state hence Bulge is not entitled to hold the
office of District Judge
Alfred Bulge in the Blackfoot District demurred
to the complaint on the ground of lack Of urisdic-
ton in that court to try the cause Judge Stevens
sustained the demurrer and an appeal taken to
the Supreme Court and the arguments have been
made and the determination left to the court.
1t is not the province of the Scimitar
of any newspaper view it to undertake
to influence the decision of any court pend
ing before it. The action against Judge Bulge has
for its sole basis the Constitution of the state.
The political controversy which is absorbing the
attention of the people of Idaho at the present time
and which will be the chief local issue in the coming
I
Constitution of the State has any force can be
made effective This constitution prescribes in
act language certain requirements for voting and
holding office, and further states in plain terms that
the legislature shall not by statute law render null
and void any of these enumerated requirements.
The legislature has annued all these constitu-
tiona inhibitions and substituted another electors
oath at variance with the electors oath enjoined by
the Constitution.
The object in bringing the suit against Judge
Bulge was to determine whether he is eligible to
hold the office of District Judge if he meet the
requirements of the Constitution defining the quail
fcations of voters.
The Constitution is imperative now because of
statute law Many contend that the Constitution is
self-executng and does not require any legislative
action. 1t is matter of common knowledge that at
the last election in Idaho, members of the Nor
mon church were challenged at the polls and the
judges of election asked to administer to them the
constitutional requirements and that the judges of
election refused administer the constitutional oah
and informed the voters that it necessary only
to take the electors OATH" which had been substi-
tuted for the constitutional oath, and that the Nor
refused to and not take the constitutional oath
1t is matter of common knowledge also that the
Mormons had the protection of the Republican par
ty in this refusal for Governor Gooding and state
Chairman Brady openly advised them to take the
constitutional electors OATH and promised them their
support
1t is matter of common knowledge also that in
many instances the challengers intimdated, in
many instances matreated and in several instances
arrested and put in Jail.
1t is of exceeding Importance that the Supreme
Court shall determine the constitutional questions in
yolved in the pending cause. The attorneys for the
defendant and for the appellant stipulated that they
desired these questions adjudicated now.