Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-03-16
THE IDAHO CASE.


The real point OF dispute in the
suit instituted by anti-"Mormons' in
idaho against Judge Alfred Bulge, to
have him declared incompetent to hold
office. is whether Church members
have the same rights as other citi-
zcns. under the constitution of Idaho.
Judge Bulge Is talented jurist with
an excellent record and spotless char
acter. There is nothing against him
except that he is a Church member,
And of this fact his antagonists are
trying to make political capital.
But how Is that possible?
The constitution of Idaho provides,
shall be permitted to vote. or hold
office, who is bigamist or polygam-
list. or is living in what is known as
patriarchal, plural, or celestial, mar
rlage, or belongs to any organization
which fosters and tolerates such mar
rlages.
This has always been understood to
be constitutional provision directed
against polygamy. Il has been UNDER
stood to mean that plural marriages
ore prohibited. even if they are en-
tered into under the name of celes-
tial. or patriarchal, marriages.
The contention of the opposition
now is that the term celestial mar
riage" does not refer to plural mar
rlage," but that II is used In a purely
theological sense, so that II a man
believes that his marriage covenant
with his wife lasts for both time and
eternity, he Is DISTINGUISHED by the
Idaho constitution. BY that conten-
tion the anti-"Mormons" hope to de-
prive every Church member in the
state of the franchise, since the doc
trines of the Church teach the etcrn-
ity of the marriage covenant.
That this Is an afterthought and
part of a sinister plot, is evident If
the trainers of the constitution had in
tended to disfranchise citizens because
OF any theological opinion they might
hold. that would have been known
before now. Why did the conspira-
tors not long ago discover that they
had celestial marriage" clause in
the constitution? They are simply
trying to put into that instrument
something different from the clear in
tentions of the delegates to the con-
stitutional convention.
Ex-senator Dubois Is a not unim-
portant witness to the truth of this,
During the course of his conversation
with William Bulge in the Senate
Investigation OF the case against
Senator Smoot. Mr.. Dubois said:
'When the manifesto was issued in
1890, then for the first time the ques-
ton arose about restoring the fran
ohise. The State was admitted in
1890. You did not vote at the first
election, but after the manifesto was
issued all parties and all individuals
united in restoring your franchise?"
That Is TO say, according to MIR,
Dubois, all parties ana all individuals
were satisfied that the object of the
test OATH and. consequently. that Of
the constitutional provision, was
gained by the Issuance and acceptance
OF the Manifesto, wherefore the
franchise was restored by unanimous
consent But mark you, there is
nothing in the Manifesto regarding
Celestial" OF "patriarchal" marriage,
When the franchise, nevertheless. was
restored and that by consent of all
parties, that is conclusive proof that
1t was generally understood that
plural marriages only were aimed
at by the prohbitory legislation, and
not the abstract belief IN the eternity
of the marriage covenants ques-
ton evidently outside the domain OF
legislation as long as It does not take
the form of any Illegal act
Furthermore, Mr. Dubois Ia 1903
made the following statement, quoted
in Proceedings before the Senate
Committee, Vol ~, p. see,
"After a few years in Idaho, whore
the fight was Tho hottest and the
thickest, wr wiped an OF those laws
from our statute books which aimed
directly al the Mormon people, and
today the laws Of the statute books
Of Idaho against polygamy and kim
dred crimes are less stringent than IN
almost amy other state IN the Union"
In answer to a question by senator
Hale Mr.. Dubois said, H. part
I'VE had no authority Of law, hut
We took Il upon ourselves 10 assure
them that those older men who were
living ~ the polygamous relation
who had growing families which they
had reared and were rearing before
the Manhest1 was Issued, and at q
tl'ne when they thought they had a
liaht under the Constitution 10 enter
mo polysamous relation tina, those
alder men and women and their chill.