The Idaho scimitar. [volume] (Boise, Idaho) 1907-1908, 1908-04-04
Sustained by the Court.

The silence that has fallen upon the Mormon and
JackMormon newspapers Of Idaho since the pro-
mitigation of the Supreme Court opinion in the case
of Toncray Bulge, and the utter inability of the
tories of the Democratic press bureau coterie to
again enunciate their erstwhle cocksure propaganda
''let the courts settle the Mormon question: is evil
dence that the judicial bolt struck vital spot
The courts have settled it and in the settlement
the tribunal of final appeal has declared that section
3 of article vi Of the State constitution is self
executing-that the repealed legislation for the en-
forcement of that section superfuous-that the
constitutional clause is the 1aw-that those people
of Idaho that come under its inhibition dis
franchised If not of what value is constitution
and court decision?
Upon this point the court says:
1t requires no argument nor citation of authority
to establish the proposition as a well founded legal
conclusion that can exercise the elective tran
chise serve on jury or hold ottlce who comes WITH
in the inhbitions of section of the Suffrage and
Elections" article of the constitution. In such case
the only inquiry to be made is Does the defendant
come within the constitutional enumeration OF pro-
hbited persons classes as charged IN the COM
paint?
Section of the Suffrage and Elections" article
of the constitution says:
No person is permitted to vote, juror
or hold anv civil office who x is biga-
mist or polygamist, is living in what IS known
as a patrarchal, plural celestial marriage, or IN
violation of any law of this State, or OF the United
States forbidding any such crime; who, in any
manner, teaches advises counSels, AIDS, or encour-
ages any person to enter into bgany, polygany, or
such patriarchal plural, or celestial marriage, or
to live in violation of any such law or to commit
any such crime; or who is member OF or con-
tributes to the support aid or encouragement or any
order, organization association corporation or So
cietv which teaches advises, COunSels encourages
or aids any person to enter into b1gamy polygamy,
or such patriarchal plural marriage, or which
teaches advises that the laws OF this State pre-
scrbing rules of civil conduct not the supreme
law of the State.
This is the so-caled test oath: 1t was placed in
the constitution, according to the Interpretation of
the Supreme Court of the State for the purpose of
disfranchsng those who practice plural or polyga-
nous marriage or teach that the doctrine is that
should be followed and the intention OF the con-
stuon builders is the law of today and it IS self
enforcing
Again the Supreme Court of Idaho says:
One who teaches or practices having more than
one wife al time, or belongs to an organization
that teaches such doctrine, is disqualified tor the
duties of an e1ector and consequently tor holding any
civil office under the laws OF the State
On page six of this issue of The Scimtar it is
shown that the Mormon church teaches the doctrine
of "having more than one wife at one time" Con-
seouent1y every member of the Mormon church is
DISQUALIFIED for the duties of eector under this
new and interesting ruling of the Supreme Court
Although the court did not undertake to decide
the case of Toncray vs. Bulge on its merits, merely
affirming the decision of the court below, that the
court below had no jurisdiction over the election
contest the Supreme Court says in effect that Judge
Rudee is DISQUALIFIED for the civil office of District
Judge from which Toncray, the complainant, sought
to oust him because he is Mormon.
The court of original jurisdiction for this contest