The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-04-04
imperative Legislation.


poygamy anti-Mormon plank in the party platform,
the Idaho Democratic recalcitrants make the point
that politics will never settle the Mormon problem
it is a matter of law which rests entirely with the
courts, they say.
They offer in support of this contention the state
nent that former Senator Fred T. Dubois who for
six years has personied the bitter antMormon fight
was given change of venue law to aid conviction of
polygamists and a measure creating a State
Board of Health for the purpose of gathering vital
statistics by which it hoped to establish record
of the issue of plural marriages
Moreover the Supreme Court, say the reca1cit-
rants, in its ruling on the Bulge case, will in all
probability decide whether the constitutional test
oath is sef-executing.
81 tell you, this is a matter for courts to
sette" shouted the rejuvenated Dockery to me at
Boise, waving his wildly to give added emphasis
to his power Of expression. "They (the eighth Leg
slature) gave this man Dubois a change of venue
law. It's the statute books They got a change
of venue in the Haywood trial and in the Adams
trial The law is not dead letter Now, | sub
nit this proposition to you: If, as he says, he could
not under the old order of things get change of
venue why doesn't this man Dubois do it now?
Dubois now has means of obtaining statistics
1ating to births of children of poygamous parents!
And the Supreme Court of Idaho may in few days
decide that the test oath in the Constitution is self
executing What else can this be but law? What
can politics have to do with this proposition? If
the test oath is self-executng what legislation IS
there needed to render it operative? All Dubois
needs to do then is to challenge these offenders under
the Constitution and that solves the whole problem.
Ordinarily such argument would appear logical and
t1nanswerable 1t is exactly what John Nugent says
and Karl Paine adds to it a fervent hear hear
Taking into consideration all of the elements which
Idaho
that the recalcitrants either have had their sight
dimmed by promises of Mormon plums or know
not whereof they speak.
The change of venue law as it affected the Hay
wood and Adams trials has more to do with the
Mormon question than have the initiative and refer
endum with Peru
1t is true that the law passed ostensiby to
satisfy the demands of Dubois and his adherens that
the State be given means OF taking polygam1stS to
adjoining counties for convection.
But change of venue can only be asked Tor
by County Attorney.
Do the recalcitrants expect the attorney Of
Mormon county, even if he is not a Mormon to an
tagonize the people who elevate him to office by at.
tempting to aid in the conviction of polygamlst?
In Bannock County where there is fairly respect
able Democratic party there cast IN 1906, &C
cording the eighth biennial report OF the Secretary
of State 1878 votes for Frank Goodlng, and l.42l
for Mr. Stockslager. The attorney is George f. Gray
an excellent specimen of JackMormon, II he has not
really joined the church. Do the recalctrants ex-
pect Gray to ask for change Of venue IN order to
convict one of his and the Lords own?
The situation in Oneida County is somewhat worse
And it cannot be reasonably expected of Joe Davis
to tfump his political with majority of g.
5O7 votes by inspiring prosecution of new poyg-
arnist De Meade Austin is confronted with Nor
man majority of 1706 in Bear Lake, and Douglas
Hix has to deal with sanity plurality of 4,841 in
Fremont County go
It does not appear then that change OF venue will
be Forthcoming in a Mormon County where 1t is most
needed Of course, George Gray might ask that
poygamist be taken to Oneida County and the prop
osition might be worked vice But the change
of venue law in so far as it affects the MormonS,