The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1910-02-14
Can a Polygamist Legally
Hold Office of Trust i'm Idaho

dent. lawyer and statesman. w. II.
tkentucky) Smith. who parted this life
at Ogden some fifteen years ago. while
serving as a federal Judge. Later ii was
made the key to the admission Of Idaho
to the endoWments OF statehood. BY its
provisons-held constitutional by the su-
preme court OF the United States-every
practicer OF polygamy, teacher OF po-
lygamy or supporter OF any organization
which practices, teaches or advises IT, is
inhibited from holding office or from
exercising the elective franchise.
Hyrum Kicks of Rexburg, Fremont
county. Idaho. Is polySamist. He lives
with two wives who reside in adJoin-
OF a polygamist who left multiplicity
OF wives to mourn his departure OF this
life at Rexburs a few years ago: Ills
polygamous parent was the founder OF
RcXburG and OF an academy OF the Nor
mon church at KcXbure. which bears his
revered name. and rcTcred TO all dcy-
otccs OF the pclygamous faith.
Hyrum is on the road to high pre-
torment in his church because of his be-
lief in the poygamous doctrines OF his
ancestry, as shown by his dual life, He
is now the presiding bishop Of his ward.
During the spring Of 1909 one Of his
parlshioncrs. Frans q. Jansen by name.
passed from this life. In his last will and
testament he designated his polygamSC
bishop as the executor OF his estate. The
property left by the dccedent inNentoried
some $4,000. The heirs OF the de-
before the probate court of Fremont
j county against the appointment Of Bish-
op Kicks as executor under the Will
They employed counsel and-although
MormonS-lnEistcd on pressing against
Kicks tIc constitutional objection clearly
stated in tho Idaho state constitution,
The will WAS filed for record In the
office Of the probate court Of Fremont
county. presided over by another believer
In the system Of plural marriage Bishop
John Donaldson.
In conformity with the request OF their
clients, counsel for tho heirs filed thc
following very interesting motion with
the Mormon judge OF probate OF Fremont
county;
". state OF Idaho In tho matter OF the
estate OF Frans g.. Jansen. deceased. on
icctions TO ,nppolntmen,, OF executor, executor.
for the heirs OF said Frans g. Jansen, de-
ceased, and attorneys Tor the bchchGlar rlcs
and devisccs named In Sald WIZ ana
! object and protest against the appoint
! ucnt OF Uyrum Kicks as executor OF sald
Will OF Frans 6, Jansen. deceased, for the
| reason that said Uyrum Rfcks is disGuall =
| fed from acting as such executor under
| tho provisions OF section 3 OF article .
Of the constitution of the state or Idaho,
| tho said Ijyrum Kicks being polyga-
| mist and living In po!rgamN,
| dated at st. Anthony. county of Ere
| mont state OF idaho. July >. 1908
The question was argued and Win duo
dignity in the premises, tho Judge took
| under adviscment the wcightY question
! involved with the final result TINT the
| embarrassing section j OF arlclc D WAS
| totally ignored and tho lnsstcnt polyga
nous bishop subscribed and sworn to tho
| following oath; "a,
II do soicmny swear that VIII sup
| ,,ort Tho constitution Of the United
! States and the constitution OF the state
OF Idaho and that ] will perform accord
jng 10 law the duties OF executor OF tne
iaSSt y,III and testament OF Frana Jansen
| %n"rosed. HYRUM RICKS.'
"Subscribed and sworn To before me
tbly 21st day OF july. n. ID. l"0';
| fcaoI probate Judge.