Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-03-12
BUDGE IN sUPREArE oouRr
WIN Settle Question OF Mormon CIT.
fzenshiD.

state. The briefs of the attorneys,
which were submitted to the court
are in print and properly subject to
comment. Technically, the judgment
of the court Is asked on a question
OF Jurisdiction.
The cause was commenced in the
Blackfoot district, Judge Stevens
presiding. Richards and Haga rep
resented the appellant Clark and
Bulge, and Hawley. Pickett & Haw-
ley the respondent.
In specific terms the appellant
Dudley d. Toncray-alleges that the
defendant, Alfred Bulge, is a mem
Der of an organization, namely the
Mormon church, and that this or
ganization. and Alfred Bulge, as a
member OF 1t, violates the constitu-
ton 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 jurisdic-
ton In that court to try the case.
Judge Stevens sustained the demur-
rer and an appeal was taken to the
supreme court, and the arguments
have been made and the determine
ton left to the court.
1t is not the province of the scim-
itar nor of any newspaper as we view
II to undertake to influence the de-
cision OF any court on case pending
before 1t. The action against Judge
Bulge has for Its sole basis the Con-
stitution 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 campaign and until 1t is
settled, 10 whether or not the consti-
tuition Of the state has any force or
can be made more effective. This
constitution prescribes in exact lang
uage certain requirements for vot-
ing and holding office, and further
states in plain terms that the legls-
latures shall not by statute law rem
der null and void any of these emu
merated requirements.
The legislature has annulled all
these constitutional inhibitions and
substituted another electors oath at
variance with the electors oath en-
Joined by the constitution.
The object in bringing the suit
against Judge Bulge was to deter
mine whether he is eligible to hold
the Office Of district Judge II he can
not meet the requirements of the
constitution defining the qualifica-
tlons of voters.
The constitution is imperative
now because of statute law. Many
contend that the constitution Is self
executing and does not require any
legislative action. II is a matter OF
common knowledge that at the lasr
election In Idaho, members OF the
Mormon church were challenged at
the polls and the judges of election
asked to administer to them the
constitutional requirements. and that
the judges had refused to admins |
ter the constitutional oath, and in
formed the voters that It was only |
necessary to take the electors oath"
which had been substituted for the
constitutional oath.
II Is a matter of common knowl-
edge also that the Mormons had the
protection of the Republican party
In this refusal, for Governor Good
Ing and state Chairman Brady open
~ advised them not to take the con-
electors oath. and prom
Ised them their support.
II Is matter of common knowl-
edge also that in many instances the
were intlmidated, In
many instances maltreated and In
several instances arrested and put
IN jail.
II Is OF exceeding Importance that
he supreme court shall determine
he constitutional questions involved
n the pending case. The attorneys
or the defendant and for the appel
ant stipulated that they desired
hese questions adjudicated now.
MIR Hawley. leading counsel for
defendant, In his printed brief says,
we do not urge. nor do we believe
hat any legislation Is necessary to
AIRY into effect the provisions OF
aid section (referring to Sec. 3 OF
\rt. 6 of the constitution. known as
he test oath,l We do not contend
hat the cited section Is not now and
'as not In 1905 in FUN force and
fleet in this state. but ON the con-
rary urge that Il was"