The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-03-06
Fine Distinction Drawn
As to Practice of
POIygdmy.
President Smith Stands Up for
the Plural Wife
System.
lsncclaI 10 - Herald1

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iAI ASHINGTON. D. G.. March o
w At the close Of the fourth days
hearing in the Smoot case both
sicvs profess TO feel satisfied with the
situation. The protestants are conf
uent that they have convinced the ma
!. Jority OF the elections committee that
!. The Mormon church encourages polyg-
amy by precept and practice Of its most
honored officers. that the Mormon
church inteTferes in politics and bust
ness. and that its leaders live and act
IN open violation of the law They as
sert they win prove directly that Smo0t
Is here as a representative Of a Dolyg-
amous system. one Of a hierarchy which
practices and encOura ges polvgamv
and not representing the general citi-
zenship of the state of Utah
Claims of Defense.
Friends of SmoOt. on the other hand
express the opinion that the prosecu-
ton has failed to do more than show
that one individual Joseph f. Smith
mas violated the law, that Smith has
repeatedly declared that he himself
was responsible for his own acts and
that he stands ready to take his
chances Of punishment: that nothing
has been produced 10 connect Smoot
with any of Smiths misdeeds. and the
latter has repeatedly disclaimed the
t'N-'NA ~ VI ll1NL bl dilA minor OfllCeF
~ mis- church or any other person TO
interfere with his family affairs: that
The testimony has shown that the Nor
mon church has faithfully lived UP 10
Its promises regarding plural marriages,
and that polygamy is rapidly disap-
mated.
Definition of Polygamy.
Todays session drew from President
Smith vehement declaration against
the right Of the United States to inter
fore I'm his private affairs, as there are.
state laws 10 govern his action or his
transgressions. The outburst Of the
witness came In connection with queS-
tons from members of the committee
ON the point of his pTacticing polyg-
amy. He said he did not live in poIyg-
amy. but he did practice pOlygamous
cohabitation. and added:
Il should like to draw the distinction
that there is ii great difference. in our
judgment between the law prohibiting
plural marriages and the law prohibit
ing what il termed unlawful cOhabita
ton in law. The state of Utah has
power 10 deal with me i'm my offenses
against law. and I confess that the
United States has no business with my
private conduct. any more than il has
with the private conduct Of any citi-
zen Of Utah or any other state. 1t is
the law of the state to which I am
amenable and il the officers of the law.
have not done their duty toward me, /
cannot blame them. I think they have
some respect for me"
A Conservative Opinion.
The Evening Star. regarded as ex-
An extremely conservative paper, says
tonight of the SmOot case:
From the testimony given today
doubt is raised in the minds OF very
many persons who have paid close at
tention 10 the proceedings, whether
any official Of the Mormon church viii
be allowed to occupy a seat i'm the SEN
ate as long as pOlygamy exists i'm the
form in which IT has been acknowledged
by President Smith: The situation to-
day makes il appear very doubtful
whether Senator Smoot can be allowed
by the committee and by the senate 10
occupy a seat in that body.
q. The declaration on the part Of Pres
F~ident Smith that he did not think con-
gress had any right 70 interfere i'm his
family affairs or the family affairs Of
the people Of Utah, is regarded as more
offensive than il would otherwise be
because Of the fact that il is believed
here. and people from Utah verify this
belief. that. as now organized, and as
they will probably be organized i'm fu-
ture. the state courts of Utah are un-
der control Of the Mormon church. or at
least dominated in such a way that
polygamist could not be convicted in
them.
Favorable Report Impossible
Many persons who are carefully
watching the proceedings here declare
st would be impossible FOR the commit
tee 10 report favOrably on the right OF
Senator SmOot TO continue to hold his
seat. unless Senator SmoOt. i'm language
fOrcible and impossible Of more than Il
single Interpretation should absolutely
disavow this declaFat ton on the part %
President Smith. If he should do SO
with that earnestness that would be
regarded as essential in order TO place
him i'm a proper light before the com
mittee he might improve his chance 10
retain his seat III the senate. but even
such action on the part OF senator
SmOOt. while ne is an apostle OF the
Mormon church, might not be cOnciU
sive evidence to the committee that he
in no way shares the views Of the
church, and President Smiths declare
ton is regarded as the official view OF
the church. so as 70 relieve him froU
responsibility for the attitude of the
organization II win be a question ia
determine whether Senator Smoot as
an apostle Of the church and one OF rs
highest officers, can discOnnect himself
Awith the declared policies Of that or
Neauization without disconnecting him
self with the organization Itself
4 Lessen in Percentage.
Senator Dubois this evening examined
and found that they verified his
statement before the committee on cleo
tio1s this morning during the SmOot
hearing that over 20 per cent of TIE