The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-09
Every Allegation That Has
Been Made Against Him.
AFFECTED BY BUT TWO
Charges of Polygamy and Sc
cret Oath Only, He Says.
Could Put Him Out If They
Were Proven True.


Burrows, chairman of that committee.
The document was in printed form and
the members of the committee did not
go through the formality of reading it
during the session.; it was agreed that
at the regular meeting of the commit
tee to be held next Saturday the at
torneys for Mr.. Smoot and for the pc
titioners should be heard.
John G. Carlisle of New York, for
merly secretary of the treasury; R. w.
Taylor, formerly a representative in
congress from Ohio, will appear for the
prosecution, while Mr.. Smoot will be
represented by Messrs. A. S. Worth
ington of Washington, D. c., Waldo
man Vancott of Utah. and w. E.
Bosah of Idaho. The attorneys will be
heard as to the merits of the case as
already presented. They will be ex-
amined to show presidents and au-
thorities and after they shall have
made their presentation the committee
will decide what to do further in the
matter by calling witnesses or dispose
of it on the showing which will then
have been made.
Mr.. Smoot submits in answer to
charges against him the following:
This respondent is advised and AYERS
that but two of the charges made
against him in said protests either di-
rectly or by implication are such as, if
hold his seat in the senate. These two
charges are:
THAT the respondent is a polyga-
mist.
'.2.-That he is bound by some oath or
obligation which is inconsistent with the
oath administered to him before he took
his seat as a senator.
Both these charges respondent de-
MES.
las to the charge that he is a polyga-
mist, the respondent says that he was
married on the 18th day of September,
1884, to Alpha May Eldridge. She is still
his wife, and is the mother of all his
children. He has never had another
wife and has never cOhabited with any
other woman.
AS to the charge that the respondent
is bound by some oath or obligation
controlling his duty under his oath as
a senator, the respondent says that he
has never taken any such oath, or in
any way assumed any such obligation.
He holds himself bound to obey and
uphold the constitution and laws of the
United States, including the condition in
reference to polyganay upon which the
Union.
THE respondent now moves to strike
out and eliminate, separately from said
protest, each and every matter and
thing therein contained, except the two
charges above mentioned
While the respondent is advised and
in said protests are such as cannot
legally or properly be considered as af-
fecting the right of the respondent to re-
tain his seat in the senate, nevertheless
the respondent now proceeds to answer
the same, submitting the question of
the relevancy of the same, not waving
his said motion but insisting thereon
The respondent denies that he is one
of said alleged -perpetuating body
of Is men, or that there is any such
body of men; or that the followers or
members of the church of Jesus Christ
of Latter Day Saints or any of them
accord the right to said alleged body
to claim supreme authority either di-
Vinely sanctioned or otherwise to such
a belief or control the conduct of those
under them in all or any matters or
that said church or such alleged body
claims or exercises any such. alleged
rights; or that said church, or said al
legged body of men or either of them,
unite either in one body or in all of
| them, the authority of church and state
or of the state, or that said church, or
said alleged body or any person or body
exercises any authority or power as to
| inculcate or encourage a belief in the
practice of polygamy or belief in or
practice of po1ygamouS cohabitation,
or that either countenances or connives
at any violation of the laws of the
state of Utah or of the United States
either regardless of pledges, or pledge
or otherwise at all. either made for the
said alleged purposes or otherwise or at
all, or of any covenants or covenant or
otherwise, either made with the people
of the United States or any other per-
son or body; that said church, or
any person or body, by all or any means
whatsoever, either protects or honOrs
persons, or any person, who is or may
be guilty of said alleged practices, or
any practice, either destructive of the
family or the home or otherwise; or
that said alleged body or any of them
| xTf0 o Ia Of I0 lon to
guilty of any of said alleged practices,
and this respondent for himself in par
tiCu1ar denies that he is one of said
alleged self perpetuating body of Is
men or that there is any such body or
that said church, or any part thereof,
or any person therein, inculcates or en-
courages a belief in the practice of
polygamy or belief or practice of
polygamous ohabitation: and this
respondent denies that he is guilty of
poiygamous cohabitation he is
polygamist or that he ever has been a
pclyganist or that he has ever prac-
ticed polygamous cohabitation.
| This respondent further denies that
he has ever countenanced or connived
at any violation of any law, either of
| the state of Utah or of the United
States or that he has ever protected or
honored any person or persons who
land. And this respondent denies that
he is guilty of any practices destructive
either of the family or the home. On
the contrary this respondent alleges
that he honors and respects and obeys
all of the laws of the state of Utah
and of the United States and has never
been guilty of any offenSe against eth
! err and this respondent further alleges
that the president of said church and
| his two counsellors constitute the first
presidency and is the highest govern
/ ing body in said church and the same
has control of the spiritual and tenn
poral affairs Of said church, but not
! of the temporal affairs, either of the
state or of any members of said church.
| that the next highest governing body
In said church is the II apostles, con-
! sisting of u members of said church.