The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-03-15

Washington. March 12.-That Reed
Smoot could not have been elected to
the United States Senate without hav-
ing first been chosen as an apostle of
the Mormon church, and that after
he was so chosen he could not have
been defeated. was asserted today by
Judge Odgen Hiles, formerly assistant
United States Attorney and later a
judge of the District court. in Utah.
who was a witness in the Smoot case
before the committee on privileges and
elections. He told an interesting story
OF the prosecutions of Mormons for
polygamous cohabitation and the man
ner in which they had been met by the
defendants.
Mr.. Critchlow was first heard. He
was questioned in regard to the senti-
ment for or against Reed Smoot for
Senator and said that so far as ne was
concerned. he had no objection to Smoot
personally. but opposed him On the
ground that he was general authority
Of the church.
To ascertain the difference between
church over lay members and general
authorities was the object of inquiry
by Senators Hopkins and McComas and
the answers of the witness indicated
that the machinery OF the church was
SO adjusted that either might be COM
PEELED to obey the behests of the church.
and that the wishes OF the high author
tiles might be enforced by the reserve
force in politics, which the church is
said to maintain.
In the examination concerning the
Thatcher episode, it was brought out
that Thatcher was in the same status
in 1895 as to polygamy as was Brigham
H. Roberts when he was elected to Con-
gress and that Mr.. Cannon made his
campaign for the Senate against the
wishes OF the church just as did
Thatcher. 1t also was brought out that
in 1895 Mr.. Roberts refused to sign the
church rule in regard to politics, the
same as Thatcher had refused to SUBJ
scribe to church dictates. This was in
Roberts first campaign, but Mr..
Critchlow could not say whether Mr.
Roberts recanted before or after the
election.
did he recant at all?" asked Senator
Overman.
'.Oh. yes. there is no question about
that
The witness was asked to explain the
change OF mind and said: 1T is under
stood, in fact it has been published in
the official church paper. that authori-
ties of the church 1abored and prayed
with Mr. Roberts for six weeks, and
then announced that he had received a
vision of his dead ancestors being lost
to perdition, because he was Out OF har-
mony with his church and could not
go into the temple and be baptized. and
thus save their souls as WELL"
After that, the witness said. Mr.. Rob
erts subscribed to the church rule and
was not disfellowshipped.
Instances were asked in which the
church interfered in business matters in
the last five years and Mr.. Critchlow
mentioned the location Of a union depot
in Salt Lake the incident at Brigham
City, in which the church is said to
have opposed certain amusement hall,
a case before the high council Of the
church in which the parties were Jen-
son VS.. Dietrich Land and 1iye Stock
Company, and certain water litigation
between Salt Lake and the West Jor-
dan canal
The witness was asked concerning a
statement in FORMER testimony that
Mormon dictated legislation in the first
session of the Legislature. He was
asked for list of the committee and he
gave the following: c. w. Penrose, w.
w, R1te, james sharp, WI}lldH IL
King, F. S. Richards and James n
Tanner.
Judge Ogden Hi1es. in prefacing his
testimony said he had drawn more In
dictments and prosecuted more cases
Of unlawful cohabitation than any other
official in Utah. under the Edmunds-
Tucker Act. Judge Hiles said for the
first two years the people refused to
obey the law, despite the fact thar op-
portunity was given offenders to es-
cape punishment If they would promise
not to violate the laws in regard to CO.
habitation. But the people" said the
witness. said they must obey the law
of Gcd, rather than the lax OF man.
They seemed to think it an act OF apos
tacy to go counter to the church rules.
even in obeying the laws OF the land.
Then came the Edmunde-Tucker Act
which made adultery an offense and
provided a heavy penalty for violations
We began to prosecute polygamists TO-
adultery. The cases were pressed hard,
and then the people began to promise
TO obey the law. for they were poor.
could not pay the fines and consequent
ly it became generally reported that the
practice OF poiygamous cohabita,aon
was breaking up"
He said there was a disposition not
TO prosecute cases when the law gener-
orally was obeyed. but that after tia
manifesto II was zeen the 4orrnonU had