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upon the trial of this cause. Our reference labor of his hands, prepare and accommust necessarily be brief and confined in plish the things which I have commandscope. ed. And go ye out from the wickOn page 159 of that book, in what is there ed." In another revelation," January 5, stated to be a "Revelation given through 1831, page 163, addressed to one James CoJoseph, the Seer, at Fayette, New York, ville: "Hearken and listen to the voice of January 2, 1831,' we read: "Thus saith Him who is from all eternity to all eternity, the Lord, your God, even Jesus Christ, the the Great I Am, even Jesus Christ. Great I Am, Alpha and Omega: *Verily, verily, I say unto thee [Coville] thou Gird up your loins, and be prepared. Be-art not called to go into the eastern counhold, the kingdom is yours, and the enemy tries, but thou art called to go to the Ohio. shall not overcome. 營 * * Behold, the And, inasmuch as my people shall assemble enemy is combined; and now I show unto themselves to the Ohio, I have kept in store you a mystery, a thing which is had in se- a blessing such is not known among the cret chambers, to bring to pass even your children of men, and it shall be poured forth destruction in process of time, and ye knew upon their heads, and from thence men it not. Fear not, for the kingdom shall go forth, into all nations. Behold, is yours. * * * The rich I have made; verily, verily, I say unto you that the peoand all flesh is mine; and I am no respecter ple in Ohio call upon me in much faith, of persons. And I have made the earth thinking I will stay my hand in judgment rich; and behold, it is my footstool. Where- upon the nations; but I cannot deny my fore, again will I stand upon it, and I hold word; wherefore, lay to with your might, forth and deign to give unto you greater and call faithful laborers into my vineyard, riches, even a land of promise, a land flow- that it may be pruned for the last time." ing with milk and honey, upon which there Again, in a "revelation," December 25, 1832, shall be no curse, when the Lord cometh. page 304, at a time in the history of the Ye shall have it for the land of your United States when "nullification" trouinheritance, and for the inheritance of your bles in South Carolina bad culminated in children forever, while the earth shall stand; calling a convention, which was thought and ye shall possess it again in eternity, at the time to portend civil war, and such and no more to pass away. But verily I trouble seemed imminent, we have: "Versay unto you that in time ye shall have no ily, thus saith the Lord, concerning the king nor ruler; for I will be your king, wars that shall shortly come to pass, beand watch over you. Wherefore, hear my ginning at the Rebellion of South Carolina, voice, and follow me, and you shall be a which will eventually terminate in the death free people, and ye shall have no laws but and misery of many souls. The day will my laws, for I am your law-giver; and come that war will be poured out on all what can stay my hand? And nations, beginning at that place; for beagain I say unto you that the enemy in the hold, the southern states shall be divided secret chambers seeketh your lives. Ye against the northern states, and the southhear of wars in far countries, and you say ern states will call upon other nations, even there will soon be great wars in far coun- Great Britain, as it is called, and they shall tries; but ye know not the hearts of the also call upon other nations in order to demen in your own land. I tell you these fend themselves against other nations; and things because of your prayers; wherefore, thus shall war be poured out upon all natreasure up wisdom in your bosoms, lest tions. And it shall come to pass after the wickedness of men reveal these things many days slaves shall rise up against their unto you by their wickedness, in a manner masters, who shall be marshaled and diswhich shall speak in your ears with a voice ciplined for war, and it shall come to pass louder than that which shall shake the also that the remnants who are left of the earth. But if ye are prepared, ye shall not land shall marshal themselves, and shali fear. And that you might escape the power become exceeding angry, and shall vex the of the enemy, and be gathered unto me, a gentiles with a sore vexation; and thus, righteous people, without spot and blame- with the sword and by bloodshed, the inless; wherefore, for this cause, I gave unto habitants of the earth shall mourn, you the commandment that ye should go until the consummation decreed hath made to the Ohio; and there I will give unto you a full end of all nations; that the cry of the my law; and there you shall be endowed saints, and of the blood of the saints, shall with power from on high; and from thence, cease to come up into the ears of the Lord whomsoever I will, shall go forth among Sabaoth, from the earth, to be avenged of all nations, and it shall be told them what their enemies." they shall do; for I have a great work laid up in store; for Israel shall be saved, and I will lead them whithersoever I will; and no power shall stay my hand. And now I give unto the church in these parts a commandment that certain men among them shall be appointed, and they shall be appointed by the voice of the church,

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What motives and purposes do these socalled "revelations" disclose? Do they not point directly at results which this organization has since done much to attain? Are they not calculated to cause distrust and hatred of all who are not of this socalled church? They are of the essence of *this so-called church, though those we have and this shall be their work: To govern copied constitute but a small part of such the affairs of the property of this church. teachings, and do not touch their plan of And they that have farms that cannot be organization, polity, and system of governsold, let them be left, or rented, as seemeth ment. Yet these may be sufficient to show them good. And that every man, the temporal_features and nature of this both elder, priest, teacher, and also mem-"Church of Jesus Christ of Latter-Day ber, go to work with his might, with the Saints," with some of its aims and pur

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poses; and help, with other like teachings, | spects, but refusing to take the oath of to explain the phenomenon of its history. non-membership. The right to vote was Those parts we have copied are mixed with much matter apparently merely fustian and meaningless, and not apparently explanatory of the general purpose, as indicated by the extracts. These do not touch the extraordinary teachings of polygamy, or plural or celestial marriage; yet those are also included in the blessings of liberty and the pursuit of happiness. We are not at liberty to say these extracts have no meaning, nor that their true meaning and signification are not indicated by the language used. They speak of other people as 'enemies," and evidently imply that their presence, their laws and institutions are to be looked upon as a curse upon the land," which the church aspires to dominate; that in such land there is to be no government or laws, except those alone of the church,-evidently the germ of that state of chronic warfare which that "church" has ever, and still does, maintain against all government save that of the church; that even the members of the "church" are not their own masters. Their individuality as freemen and citizens is denied them. Their rights of choice and of action as freemen are merged in the church. Internecine wars are welcomed as a means by which the gentiles are to be exterminated." The intent to despoil the unsuspecting people of Ohio, who vainly "called with much trust," among them that people then seeking a home, and who were giving to those people" much faith," is plainly intimated. The revelations on polygamy and plural or celestial marriage had not then been introduced. They came in 1843, and have since been propagated, with what success the public statutes and records of the courts in some degree show. None of these objectionable features have been expunged or modified, and now license to pursue and realize all these aims is demanded. It is time to speak plainly on this subject. The true interests of this people themselves and all others demand it. The tendency of such principles and purposes is clear. They do not lead to the "security of the blessings of liberty;" but they do lead to its utter subversion. The guaranty of the freedom of speech and of the press is not generally held to be a shield to protect license and crime; nor is there anything in the bare name of religion, when it seeks thus to deal with temporal matters, with the facts and interests of social and political life, that should exempt it from that wholesome rule conceded to license and crime.

denied, and he brought an action for dam-
ages against the judges of election. Judg-
ment was given for the defendants. The
issue was as to the validity of section 504.
The reasons for such invalidity were there
alleged to be: (1) That the statute is in
violation of the first amendment of the con-
stitution; (2) that it is in conflict with the
act of congress of March 22, 1882. On the
first point it was urged, as in this case,
that to make membership in this organiza-
tion a test of the right to vote was an in-
fringement of religious liberty, and hence
was forbidden. And under the second, that
congress, in 1882, in the Edmunds act. in
declaring that polygamists and bigamists
shall not vote in the territory, had cov-
ered the whole ground; and that the legis-
lature was precluded from prescribing any
further test in any way, however remotely
connected with those crimes. On both of
these points the supreme court overruled
the appellants. We think the ruling should
be followed. While the section of the stat-
ute is not the same in the case at bar as in
that, yet the two sections are parts of the
same act, and the principle involved in the
two is practically the same. But while
that case has our approval, it may be well
in this to say further that several acts have
been passed both by congress and by the
territorial legislature, prescribing the qual-
ifications of voters. The act of congress of
March 3, 1863, organizing the territory of
Idaho, is one of those acts. By section 5 of
the organic act, it was provided that "ev-
ery free white male inhabitant above the
age of 21 years, who shall have been an act-
ual resident of said territory at the time of
the passage of this act, shall be entitled to
vote at the first election,
but the
qualifications of voters, and of holding office
at all subsequent elections, shall be such as
shall be prescribed by the legislative assem-
bly." The legislative power, (Id. § 6,) was
declared to "extend to all rightful subjects
of legislation consistent with the constitu-
tion of the United States, and the provis-
ions of this act," except as to laws inter-
fering with the primary disposal of the soil,
taxing property of the United States, or
taxing property of non-residents higher
than property of residents. Those except-
ed subjects only were forbidden. The leg-
islature exercised this right in 1864, and
again, by Rev. Laws 1874, page 684, the law
was entirely changed. The law of 1864 was
repealed, and one enacted that "all male
inhabitants over the age of 21 years shall
be entitled to vote at any election," pro-
vided they be citizens, etc., and have resid-

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We think, if we are at liberty to look at the preamble of the federal constitution, as the appellant asks us to do, as expressed in the territory four months, and in the ing the objects of that instrument, and as an aid in construing its provisions, such expression, applied to the aims and objects of this organization, does not favor the view of the appellant.

county where they offer to vote thirty days; but no person under guardianship, non compos mentis, or insane, nor any person convicted of treason, felony, or bribery, etc., unless restored to their civil rights, But to look further. The question of the shall be permitted to vote at any election. validity of the election law has already In the Revised Statutes of the United been before the supreme court of this terri-States, passed at the first session of the tory. Innis v. Bolton, 17 Pac. Rep. 264, forty-third session of congress, 1873-74, as was a case where a party claiming the further revised and reported September, right to vote, being challenged, declined to take the oath prescribed in section 504; complying with the law in all other re

1878, provisions on this subject, "common to all the territories," are collated. These provisions differ from that under which the

territory was organized, and under which its legislature had acted, up to that time. It is there provided (section 1860) that at all elections after the first "the qualifications of voters, and of holding office, shall be such as may be prescribed by the legislative assembly of each territory," except (1) the right of suffrage and holding office shall belong to citizens, or those who have declared their intention to become citizens, of the United States, over 21 years of age, and have taken an oath to support the constitution, etc.; (2) there shall be no distinctions on this subject between citizens on account of color, or previous condition of servitude; (3) no officer, soldier, or mariner, shall, etc., unless he has resided in the territory six months; (4) no person belonging to the army or navy shall hold any civil office. Now, although this act is very full in saying who may and who may not be allowed to vote, nothing is said about persons under guardianship, persons non compos mentis, or insane; nor of persons convicted of treason or other crimes; yet no one pretends that this general legislation by congress affected the status of such persons as voters. Congress had only its special purpose in view, and did not cover other ground. But, following that general act, on March 22, 1882, congress enacted the "Edmunds Law." Its object is expressed to be "to amend section 5352, Rev. St. U. S., in reference to bigamy, and for other purposes." No part of the act touches the power of the legislature, unless, as counsel claim, the eighth section does. That provides that "no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any territory or other place over which the United States have exclusive jurisdiction, shall be entitled to vote at any election held in any such territory or other place." In the absence of any expressed intent to repeal the grant of power to the territories, it is not easy to see how this could at all affect such power. It

ers delegated by the states. If the former have those powers, the latter, except in exceptional cases, does not possess them. No such relations of antagonism exist between congress and the territories. The will of congress and that of the territorial legislatures are not two distinct wills, within the holding of some of those cases, but are for certain purposes (of which the act in question is one) one and the same will. While in their operation they are distinct, there is the relation of superior and inferior in all territorial affairs; and the superior may prohibit or nullify the acts of the inferior. Until it does so the acts of the inferior are as valid, within its province, as the acts of the superior. If it were true (though it is not true) that section 8 of the Edmunds act covered the whole ground of section 501, and that each was intended as a punishment for the same offense, under the authority cited by the appellant, (Houston v. Moore, 5 Wheat. 23,) it would seem that the combined acts would be only concurrent, and that both would be valid. See, also, Innis v. Bolton, 17 Pac. Rep. 264. But it is not necessary to go to the extent indicated in that case, as the two acts do not cover the same ground. After a careful consideration of this case, we do not find the act of the territorial legislature in conflict with any provisions of the federal constitution, or with any act of congress. The ruling and the judgment of the court below must be affirmed.

(6 Utah, 143)

UNITED STATES V. BREDEMEYER. (Supreme Court of Utah. Feb. 19, 1889.)1 ADULTERY.

On a trial for adultery, where the only evidence against defendant is that of the girl with whom it is charged that the crime was committed it is error not to allow defendant to show the bad character of the witness.

Appeal from district court, Salt Lake county.

Asst. U. S. Atty.
C. S. Varian, for appellant. Ogden Hiles,

must be borne in mind that the territorial legislature is but a creature of congress; SANDFORD, C. J. The defendant was conand while it, for certain purposes, exercises victed of the crime of adultery, and from the same power, it acts as a separate po- the order denying his motion for a new litical organization. An act of congress is trial, and from the judgment entered benot an act of a territorial legislature, and low, has appealed to this court. His convice versa. Each may act upon the same tention is that the evidence was not suffisubject, from its own stand-point, and the cient to justify the verdict, and he alleges acts of each may be valid. In such case errors of law, and a misdirection in the their powers are clearly concurrent. But charge of the learned judge who tried the in the act of 1882 the act of congress does cause. It appears that the only witness of not cover, nor profess to cover, the same the alleged crime was the girl with whom ground as the act of the territory. It does the act was alleged to have been commitnot deal with membership in any organi- ted. Her mother testified that she, at the zation as a qualification to vote. The one suggestion of the appellant, nad sent her subject is not even germane to the other; daughter to his place of business to proor, if it has a remote relation, as is contend-cure some fruit. The latter, on her direct ed, congress did not choose to enter on the examination, stated that she had lived in ground covered by the territorial legisla- the family of the defendant as a nurse girl, ture. The counsel cites, in addition to the and had taken care of his child; that durEdmunds act, Houston v. Moore, 5 Wheat. ing the month of March, after she had 22-24; Prigg v. Com., 16 Pet. 618; Passen- ceased to be employed by him, she visited gar Cases, 7 How. 400, and elementary au- the defendant's place of business five times, thorities. All the cases cited involve the re--the first time to procure some money. As lation between the several state govern- to the other visits her testimony was that ments and the United States. In them it is

'Publication delayed through failure to receive

a question of which sovereignty has the power in dispute. Congress exercises pow-copy.

3. A writ of review in such a case, like a common-law certiorari, only brings up the record, which includes the complaint and proceedings had thereon, and no question of fact determined by the tribunal, or any ruling made by it in the admission of evidence upon an issue of fact, can be consid-right of appeal from such a decision, none