Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-03-07
AGAIN ON THE STAND
Cross Examination of Presi-
dent Smith Resumed.
P0LYGAMISTS IN UTAH
SENATOR DUBOIS DISPUTES WIT.
NESS ESTIMATE.
POLYGAMISTS IN UTAH
Testimony Regarding the Administra-
ton Of the Church and Power
Of the High Council.

With President Joseph F. Smith of ths
Mormon Church again on the stand for
| the defense the second week of the invests
cation of the Smoot case opened today
before the Senate committee on privileges
and elections Senator Dubois put into
the record the census figures for Utah
taken In 1890 to show that instead of only
f3 or per cent in polygamy. as Mr.. Smith
had said. In reality there were about 2sh
per cent of the Mormon population of an
age enabling them to be polygamists who
| were In that state in 1890 Senator Dubois
| gave 1t as his opinion that there has been
| no material reduction in the number of
| polygamists since 1880
Mr.. Worthington conducted an exam.na-
ton OF Mr.. Smith to ascertain the process
| undergone in cases of excommuni ,ation
| The witness explained the manner in which
| the church is divided into divisions of
wards and states and the machinery of the
organization through which charges against
| any person have to be brought a I'D passed
| up. He said the apostles have nothing to
do with the judicial affairs of the church
| They preach the gospel and send mission
| apostles and high counselors, forming what
| is known 1.-The fifteen meet once a
| week for prayer and consultation on mat
1 ters generally relating to the church.
A futile effort by President Brigham
| Young in 1875 to have Bishop Jacob w
Weyler removed from the leadership Of a
ward was related by Mr.. Smith to show
| that the presidency does not exercise power
| over the 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 related for the same general purpose
Presidents Wish Could Be Ignored.
Mr.. Worthington read the revelation by
Joseph Smith, jr., January 10, 1s41, nomf-
mating Brigham Young as president and
| all of the members of the high council and
| the apostles. In this revelation was a CONF
| mand to accept the nominations or to re-
| ject them in general conference. Mr. Smith
declared that even in the original reveia-
ton naming successor to the first press-
dent II was in the power of the members
| to accept or reject
Mr.. Smith in reply to an inquiry said
| 1900.
Right here let me ask you when yonr
| ington.
Il don't know whether that has any
| bearing on the case, said Mr.. Smith, but
| believe 1t was on the day Mr. Smoot e
came apostle
"Then there has been none SINGER" asked
| Mr.. Worthington.
| No, sir
Then, so far as you and Mr. Smoot are
concerned, you were in harmony" remark
| ed Mr.. Burrows.
Mr.. Worthngton inquired whether at any
of the joint meetings of the first press~
dency and the apostles the question of polyg-
amous cohabitatfon had been dicussed. Mr.
Smith said it had not either in an advisory
| talk or in regard to taking official action
| to prevent the practice. He declared that
| when Mr. Smoot became apostle tho
| status of most of the polygamists had beeE
| fixed many years before.
| In answer to questions by Mr.. Worthinss
nd Mr INIT aaA
| Senator Smoot had never advised for OF
| against continuance of polygamous cohabf-
| tation.
| In relation to convictions. Mr.. Smith said
there have been none since the manifesto
of 1890; that all of the convictions under
the Edmunds law were while Utah was q
territory.
Senator Dubois referred to Mr.. Worth
irgton as counsel for Mr.. Smith.
Il protest" said Mr.. Worthington II am
not the attorney for the witness. If l was,
the examination would have been far diff
rent"
The Territorial Judges.
A list OF the first judges elected since
Utah was state showed that the former
territorial judges were chosen without eI-
ception, and that all of them had formerly
sent Mormons to prison for polygamous
| cohabitation. The purpose of this was To
deny the inference that the Mormon Church
dominates the courts.
II.
and representatives elected from Utah
since the manifesto of 1890, to show tho
percentage of Mormons to Gentiles. Tlo
witness was asked in regard to each: Was
he Mormon or Gentile?" In regard 70
Frank j. Cannon. who was elected to tho
Senate, Mr.. Smith said He was classed
as MORMON, but he was a poor one"
At the conclusion of the examination in
regard to the courts and the personnel af
the men on the bench the hearing was adj
journed until pm.
Attitude Of Presidents.
At the beginning of the afternoon session
Mr.. Smith said that according to his best
understanding Presidents Woodruff aBd
Stow conformed to the formers manifesto
and obeyed the law. He said that of tfA
six apostles appointed since the manifesto
of President Woodruff. only one, M. y.
Cowley, is a polygamist In regard so
Joseph NJ. Tanner, president of the faculty.
of the Utah Agricultural College, Mr.. Smrf
said it was Understood that he had more
than one wife" He declared that so far
as he knew no one in the church had BEEN
appointed an official in the church because
he is a polygamist; that such appointments
have been based on merit alone.
Referring to the many institutions N
which Mr.. Smith is interested, Mr.. WORTH
iEgton inquired what companies are con-
trolled by the church
"Oply one" said Mr. Smith. That is, tao
theater which was started by Brigham
Young and in which the church has always
held a majority of the stock"
Smith Contradicted
Chairman Burrows of the Senate cofnnif-
tee on privileges and elections has received
from E. F. Shupe, president. and A. N
Tabor, secretary of the eastern Colorsdo
conference, Reorganized Church of Jesus
Christ of Latter Day Saints telegram de-
uyipp the testimony of Joseph F. SrnnY1