Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-12-22

he Stake are seated al the upper open.
ing, while the lower one Is reserved
Tor the witnesses while they are on
gaged In giving testimony. After the
work Of organizing IL completed. the
proceedings are opened with prayer
The President asks each Of the PAT
ties TO the case II he Is ready to proceed
TO trial. when tue answer Is aillrma'
live, as II usually 10, the complaint, or
charge, which Il In writing aud has
been previously placed in the hands
Of the clerk Of the Council,
Ia read. 10 is decided by vote
Of the Council how many
speakers there shalt be on side.
When tho case i1 important Il lie usual
to have two. The speakers are re-
lecied In rotation, according TO num-
Der. Tho acouser takes aposition Ia
the odd number semi.circle, between
his speakers, while the accused is
similarly situated on the even number
side.
The duty Of the speakers is to ad-
wise the respective parties as to their
rights and privileges and 10 protect
lhem againpl Irregularities aud iuJus-
lice. The agcussr is given the priv.
llrgo OF making O general statement OF
his case and the defendant IL
accorded an opportunity TO speak on
his own behalf Ia reply ia case he does
not admit the correctness OF the charge.
Then follows the examination d wit
neases, first for the accusir ami then
for the accused. Zach witness 10 sub.
leotod To such Interrogation rs may be
necessary, by tho party introducing
him, and may ho oross.oxamino1 by
the other aide upon any matter adj
duced In tho course OF the examination
In chief rhelo proceedings are par
tlcipa,eI Ia by the respective speakers
aud also, under proper rules, by other
members Of the Council and by the
Presidency, the object being to obtain
a clear understanding Of tue case, that
the decision may bo according 10
equity and justice.
Alter all the testimony is 10, tho
President announces that tho Council
Is ready 10 hear the speakers. 1t is
deemed improper aud iuconsisteutw with
tho genius OF the tribunal for tho
speakers TO strain after points 10 favor
Of the particular side OF the case rep
resented by them, the central object
being the ultimate arrival vt a Just
conclusion ns TO the merits OF the
matter In dispute. They are expected,
however, to briefly review the evidence
and fairly explain points that arc
favorable to the side Of the controversy
with which they are, for the time be.
ing, associated.
When the speakers conclude their 10.
mark6 the President informs the
acouser that ho has tho privilege OF
presenting his own case, IN n brief
summary Of the testimony. The accused
ia then accorded a similar oppor.
tunily.
II Is the duty OF the President to
formulate aud announce tho declsio n,
which must DO Justified by tho evi.
denoe. Without sufficient proois-no
matter what may DO the private
opinions Of the members u the court
M 10 the guilt or Innocence Of the 40.
cused-no man can DO properly con.
demnod. When the decision Ia Rn-
nounced II Is determined by vote Of
the Council whether Il snail DO sus.
tained. When n majority vote Is Ia
favor OF II, II stands.
Among the functions OF Stake High
Councils is the Preservation Ia the
community Of peace anu goodwill, anu
pure morals. They are In the uatu Z,
OF courts OF arbitration, which sav,
those who have recourse TO them
the expense, vexatiOns aud heart,
buruings that frequently attond liliga
ton. In all their proceedings they ~,
careful 10 guard against the impair
ing Of the obligations OF contracts
and they aim 10 operate In uni
son with the geaius OF the Law
OF the land. The members Of these
eocloslastloal courts give their services
absolutely without oompensatlon.
some Of the questions submitted ior
their consideration are Intricate and
complicated, requiring careful invssli.
CATION aud scrutiny, aud the expendi.
turo Of considerable time. Tnsy are
composed II men who are familiar
with vsrious departments of business.
some belong 10 tue professional neld
while Others arc merchants, mechanics,
etc. They arc therefore la possession
Of practical information which " OF
great value In reaching correct couolu.
sions In matters Of dispute They i'm.
pose no penalties save those which To-
late to the religious fellowship and
stnnulnp uf ufpn,bers Of Er0 (lhurcb