The evening world., 1904-03-07
President Smith Declares that
No MOrmons Have Been Pun
ished for Violations Since the
Manifesto in 1890.
APOSTLES ONLY HAVE
POWER IN CHURCH AFFAIRS
Authority of "The Fifteen" Does
Not Extend to General Affairs,
the People VINO Have Votes
Governing.

WASHINGTON. March r. with
President Joseph F. Smith. OF the Nor.
mon Church. again on the stand for the
defense. the second week OF the investi-
cation OF the Smoot case opened to-day
before the Senate Committee on Privi-
leges and Elections.
Senator Dubois put into the record the
census figures for Utah taken in 1890
TO show that instead OF only Q or Der
coa,. In polygamy as Mr.. Smith had
said, in realitv there were about 20 II
Per cent. OF the Mormon population OF
polygamous age who were living in a
state Of polygamy in 1880.
Senator Dubois gave 1t as his opinion
that there had been no material reduc-
don In the number Of pplygan11ts since
iseo.
Mr.. Worthington conducted an exami-
nation OF Mr.. Smith to ascertain the
process undergone in cases OF ex-com-
munication.
The witness explained the manner in
which the church is divided into divi-
SIGNS of wards and states and the ma
ohinery OF the orgdniza ton through
which charges against any person have
- - pAOdhhh anu uD.
He said the apostles have nothing to
DO with tho judicial affairs of the
church. They preach the gospel and
send missionaries to other fields.
"The Fifteen" Rule Church,
The President. tho apostles ana high
eplnsellors forming what is known an
fThe flfteen' meet once week, for
prayer and consultation on matters
generally relating to the church.
A futile effort by President Brigham
Young In 1875 to have Bishop Jacob w.
Weyier removed from the leadership Of
ward was related by Mr.. Smith to
show that the Presidency does not ex-
ercise power oven tho wishes OF the
people and that the members of the
church by the freedom OF their vote in
reality form the power OF government,
several other like instances were re-
lated for the same gene raj purpose.
As TO Senator snoot.
Mr' Worthington read the revelation
by Joseph Smith, jr., Jan. 10, 1S4l. NOM
mating Brigham Young rs President.
md all OF the members OF the High
council and the Apostles. In this rev.
eiation was n command to accept the
nominations or TO reject them In gen
eral conference. Mr.. Smith declared
that even in the original revelation
naming a successor to the first PresI-
dent 1t was In the rover OF the men,
bers to accept or reject.
Mr.. Smith In reply to an inquiry said
heed Smoo: became an Apostle April
Q. 1900.
Right here let me ask you when your
,ast child was born7" asked MIR.
II DO ,.1t know whether that has any
bearing on the case" said Mr. Smith
sDut l believe IT was ON the day Mr.
bmoot became an apostle"
Then there has been mono sIpce?"
asked Mr. WorthingtonS
are concerned, you were in harmonyYE
remarked Mr.. Burrows.
MI. Worthinston inquired whether at
any OK the JOINT meetings OF the iirst
Presidency and the Apostles the quus-
ticn OF polySAmous cohabitation had
been discussed. Mr.. Smith said 1t had
NOT. either IN an advisory talk or in
vent the practice. He declared that
when Mr.. Smoot became an Apostle the
status OF most of the polygamists had
been liked many years before.
In answer to questions by Mr. Worth
ington and Senator Burrows Mr.. Smith
said Senator SmOot had never advised
for or against continuance OF polygiI-
nous cohabitation.
In relation to convictions. MIR. Smith
said there have been none since the
manifesto OF 1880; that all of the con-
victions under the Edmunds law were
while Utah was a territory. Senator
Dubois referred to Mr.. Worthington as
tounSel for Mr.. Smith.
II protest" said Mr.. Worthington. 81
lm not the attorney for the witness. II
was the examination would have been
far different"
A list OF tho first Judges selected
since Utah was n State showed that
the, former territorial Judges were
chosen without exception and that al
OF them had formerly sent Mormons tC
prison for polygamous cohabitation on
inference that the Mormon Church dom.
mates the courts.
= Mr.. Worthington read the list OF Sen.
Rtors elected from Utah since the mani
festo OF 1890 to show the percentage
Of Normons to Gentilea. The witness
sss On in seSaara tS saGh n rcvnrs wqs he
Frank j. Cannon. who was elected &c
the Sennte. Mr.. Smith said: He was
classed as a Mormon. but he was q
when the examinati tion of President
smoot was concluded In the SmDOt
iearing Mrs. Clara Mabel Kennedy was
eailed TO the witness-stand. She testi-
ned that she was married nine years
johnson, who had wife living at the
time.
MOnGlay'S Wants.