Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-03-30

ASAVAShSC W ~ AbhAlp DAAbbSlSSg III
deed, they are intended In this
American Union to protect a man In
believing anything he wants to be-
lieve with reference to the future.
They do not deal with beliefs, but
with acts and practices. They pro-
tect any man In believing anything
he wants 10 believe with reference to
the future, but they prohibit his act
ing or practicing anything in any
manner contrary to good morals or
to the public veal as prescribed by
the laws of the land"
After quoting the section OF the
constitution covering religious liber-
ty and the prohibition of bigamy and
polygamy, the decision reads:
Now, celestial and patriarchal
marriages to be participated in in
the next world, or future life, can
not be crimes here and in this life
under civil and man-made govern
ment, but whenever they are prac-
ticed In this present life to the extent
OF more than one at time, they be-
come bigamous or polygamous and
are prohibited by the organic law OF
the state. 1t therefore clearly APP
pears that the convention itself was
guarding against acts and practices
and teachings, and not against be-
liefs. There was no objection at
that time, and can be no constitu-
tional one now, to a man believing
that the wife to whom he 10 married
In this life will be his wife In the
hereafter, and there can be no objec-
ton to his marrying her for both
time and eternity but what the
constitution objects to and forbids is
a man having more than one wife at
any one time, whether he be united,
Joined or married to her by celestial
marriage ceremony for all time and
eternity or by a purely civil mar
riage ceremony by justice of the
peace or other civil officer, for time
only Nor does the fact that a man
belongs to a church that teaches that
marriage ceremonies celebrated by
its duly authorized officers and eccle-
siastics remains In force and effect
during both this life and all eternity
disqualify him for an elector SO long
as II does not teach or countenance
more than one of such marriages for
the same person during the same Pc
riod Of time so as to make such mar
riage bigamous or polygamous.
I'm the light OF the foregoing in
Quiry and Investigations, we conclude
that the trainers OF the constitution,
and the people in its adoption, in
employing the words bigamous, po-
lygamous, plural, celestial and patri-
'archal marriages, meant and intend
ed to prohibit and forbid man hav-
Ing more than one wife at any one
time under whatever name or desig-
nation he might choose to style his
marriage; and that the use OF each Of
these words was directed against big
ANGUS and polygamous marriages. A
celestial or patriarchal marriage,
therefore, in order to come within
the prohibition OF the provision OF
the constitution must be bigamous or
polygamous.
"One who teaches or practices hav-
ing more than one wife at any one
time or belongs to an organization
that teaches such doctrine Is dis
qualified for the duties of an elector.
and consequently for holding any
civil Office under the laws of this
state. On the other hand, It was
never intended by the constitution to
In any manner interfere with the re-
ligious beliefs and opinions OF any
one. The constitution was directed
against acts, practices and teachings
with reference to this life. and not
against beliefs and opinions In regard
to the hereafter.
THE Judgment must be affirmed
and Il is SO ordered. with costs In
favor OF respondent"