The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-05-13
HEIRsHIP AND INHERITANCE.

ltaDcc. the case Dclng JHoV VI %N"h'N
c. Rohwer against proceedings IN the
administration of the estate Of NePhi
+. Anderson, clearly is a fair exposi-
tion Of the statutes. The court up
held the law, which recognizes the
rights of heirship in polygamous chill
dren horn prior to January j, 1896,
and the heirsbip of natural children
born since then, if recognized by the
father \ brief review of conditions
will clarity tho matter in the public
mind,
In 1890, there was pending In Con-
cress a measure known as the Struole
bill This bill would have distran-
chised all in resistance against the laws
of tho United States in the matter OF
polygamy. and who avowed civil al
leriance to any power other than the
civil power of the Nation and Of the
| (then) Territory. That is, it was dc.
signed absolutely to terminate &c
clesiastical dominion Of the Mormon
leaders in civil affairs.
The case was urgent, the bill was
| about TO pass. President Woodruff OF
the Mormon church, to meet the attack,
had his revelation of September 20,
| 1890. which referred to the laws against
plural marriage, and declared that
| President Woodruff intended TO sub
nit TO those laws, and use bis lnflu-
ence with the members of the church
TO do likewise At the general con-
ference on October 6, 1890, Apostle
Lorenzo Snow (afterward President OF
the church) moved that the declaration
issued by President Woodruff concern
ing plural marriages be accepted as au-
thoritative and binding. This was
unanimously agreed to on a showing of
hands. Later, the authorities of the
church petitioned for amnesty for past
offcnses in the matter Of plural mar
riages, and President Harrison, and
afterwards President Cleveland, issued
each his proclamation of amnesty con-
ditioned on the faithful Observance of
the laws.
In the hearing before Master In
Chancery C.. J.. Loofbourow, President
Woodruff. Apostle afterwards Pres
ident) Lorenzo Snow, and Apostle (now
Prcsident) Joseph f. Smith, testified
that the meaning of the manifesto was
TO discontinue the cobabitatIon of men
and women in plural marriage that had
already existed. Franklin S. Richards
asked (then) Apostle (now Prcsident)
Joseph T. Smith, 'EDo You understand
that the manifesto applies to the CO.
l., l. e nd nn
marriage where it had already exist
ed?' To this Mr.. Smith answered, 81
cannot sav whether 1T does or not.
Mr. Richards repeated the question:
'.It does not in terms say so, does 1t
To this Mr. Smith answered, "No.
think. however. the effect of it is, SO;
| don Z see how the effect of it can be
otherwise President Woodruff and
lthen Apostle. afterwards President)
Lorenzo Snow testified straightfor-
wardly that both polygamy and unlaw-
full cohabitatiou were equally forbid
den. OF the same nature was the dec
laration in an interview with the Salt
Lake Times by President Woodruff
and Apostle George @. Cannon, when
both said emphatically that the mani
festo forbade the living in plural mar
rage Cor unlawful cohabitation, as the
law phrases it) as well as new polyg
amv.
When the church applied TO have its
eschested property restored, 1T made
It's own showing before Congress, and
that showing was that the law was
being faithfully adhered TO, and that
all had acquiesced in the faithful OBJ
servance of the statutes with respect
10 polygamy. Accordingly, Congress
passed resolution restoring the es-
cheated property, declaring in one OF
the Dreambles as a reason for so doing
that I" whereas, said church has discon-
tinued the practice of polygamy and no
longer encourages or gives cOuntenance
in anv manner TO practices in violation
Of law or contrary to good morals or
public policy; and If the said personal
property is restored TO said church, il
will not be devoted TO any such unlaw
! fu purpose therefore, the resolution
restoring that property was agreed TO
anu udS-tu' Il many, dN tbu'luSlNt W
the whole matter, the first State leg
islaturc Of Utah passed law (Chap-
ter ~, laws Of 1896. page 27l) which
recited as follows:
/ That the Issue OF bigamous and polys-
amous marriages. heretofore contracted
! between members OF the Church OF Je-
sus Christ Of Latter-day Saints, born
| on or prior To the fourth day OF Janu-
] nv gff hNs,, ,AraI
| six, are hereby legitimated: and such
: issue are entitled To- inherit from both
parents. and 10 have and enjoy all rights
and privileges 10 the same extent and
| I'm the same manner as though born in
| lawful wedlock
The same legislature passed another
! law (Chaptcr AZ, declaring the herit-
able rights of polygamoUs children.
These euaetments were supposed 10 be
the last act in closing out the evil
practice of polvgamy. of polygamous