Coeur d'Alene evening press. (Coeur d'Alene, Idaho) 1907-1929, 1908-03-30
MORMON FAITH
ABOVE THE LAW
DatriarChal and Celestial Marriage
No Crime Says Supreme Court

In decision rendered by the SUI
rene court of Idaho the demurrer
the complaint in the case of Dud-
" D. Toncray against Judge Alfred
Judge of the fifth judicial district
as sustained, thus throwing the suit
ut Of court. The suit was one in
hich the election of Judge Bulge to
is judicial position was contested,
be grounds for such contest being
is afiliation with the Mormon
hurch.
The following is the opinion hand
down by the supreme court:
THE original proceedings were in
tituted in November. 1905. The
pie grounds for the contest Of Judge
Judges election are found in section
of article of the state cOnstitu-
ion, which provides that no person
permitted to vote, serve as jurors
hold any civil Office who is a
igamist or polygamist, or is living
what is known as patriarchal or
CELESTIAL marriage etc. 1t is claim
d that Judge Bulge was at the time
his election, and still is, a mem
yer of the Mormon church and that
aid church teaches, advises, cOun-
els, encourages and aids persons TO
inter into polygamous marriages and
blural marriages and celestial mar
iage and patriarchal marriages.
The defendant demurred to the
complaint, first on the ground that
he court in which the complaint was
He'd had no jurisdiction of the sub
ect matter; second, that the COM
blaint did not state facts sufficient to
Constitute a cause of action and third
hat the complaint was ambiguous
Ind uncertain in that it did not
tate what was meant in alleging that
defendant was living Tin what IL
Known as celestial marriage" Judge
stevens sustained the demurrer
Plaintiff declined to amend and the
cause was dismissed. The appeal wai
rom that judgment.
The supreme court after reviewing
he matter at length concludes thai
he original proceedings being an cleo
lion matter, contest was brought in q
court that had no jurisdiction and
hat the demurrer was very properly
sustained.
The larger part of the opinion
which is of considerable length, deal
ng with the question of celestial
md "patriarchaf' marriages, and re
sarding these, the alleged belief o
The Mormon church, the supreme
fourt says in part:
I'VE have been urged by the emf
hent and distinguished counsel OF
both sides in this controversy tina
whatever view we may take of tn
urisdictional question just consider
ed, that we also pass upon and defin
the terms, celestial and 'patriaI
chal marriages as they are used i
Ehe above quoted section of the cor
Btitution. We appreciate the fat
hat this case might be determine
md disposed of by us on the jurii
iction question alone. On the otht
and the demurrer raised the SUM
ency of the complaint, and particl
arly in respect to its charging d.
endant with celestial and patriarchi
marriage. and the demurrer was su
aimed generally by the trial cOu
ithout specifying upon whiC
round Both the Jurisdiction
uestion and the suficiency of q
omplaint have been fully and e
ausively argued both orally and |
briefs and the questions are direct
aised and have been fully present,
the court. Under that conditiC
4 the proceeding, we are inclined
he belief that we should pass upC
his latter question and that our d
ision thereon should be a judici
Expression as distinguished from oil
er dietum, and would be binding u
IN the court in any future litigati,
INVOLVING the construction OF the
ierms as employed in the constit
ion.
In the first place 1t is urged
me appellant and admitted by I
spOndent that section 3 Of article
OF the constitution Is self-Operati
and self-acting and needs no iegisl
ton to carry its provisions into eRel
1t requires no argument nor eli
ton Of authority to establish &