It is constitutional and valid as prescribing a rule of action for all those residing in the Territories, and in places over which the United States has exclusive control. Davis, a member of the Mormon church, took the oath and was subsequently indicted for conspiracy with persons unknown to pervert the laws of Idaho by taking the oath falsely. He was found guilty and sentenced to a fine of $500 or 250 days in jail. In the Supreme Court, Davis asserted that the territory "could not legally prescribe that a man who has never committed any crime should not have the right to register and vote, or hold, office, because he belonged to a church organization that holds or teaches bigamy and polygamy as a doctrine of the church, membership in such organization not having been by law made a crime".