The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-03-13
Otherwise SmoOt Could
Not Have Run.
so DECLARES HILES
Since the TrampIing Under Foot Of
PoIygamy's Poisonous Plan 1t Has
Burst into Richer Flower.
Bearing Fruit an Hun
dred Fold.
lBv the Associated Press.l

(By the Associated Press.
Washington March 12.-That Reed
Smoot could not have been elected to
the United States Senate without having
first been chosen as an apostle of the
Mormon church, and that after he was so
chosen he could not have been defeaed
was asserted today By Judge Ogden Hiles
ney and later 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 in
teresting story of the prosecutions of
Mormons for polygamous cohabita{ion
and the manner in which they had been
met by the defendants Mr.. Critchlow
was first heard He was questioned in
regard to the sentiment for or against
Reed Smooth for Senator and said that so
far as he was concerned ne had no OBJ
lection to Smoot personally, but opposed
him on the ground that he was gem
eral authority Of the church.
To ascertain the difference between the
influence exercised by the Moromn church
over lay members and general authorities
was the object OF inquiry by Senator'S
Hopkins and McComas, and the answers
of the witness indicated that the machin-
cry of the church was so adjusted that
either might be compelled to obey the
behests of the church. and that the wishes
of the high authorities 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 Congress
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 subscribe to church dictates
This was in Roberts first campaign. but
Mr. Critchow could not say whether Mr.
Roberts recanted before or after the cleo.
ton
Did he recant at all?" asked Senator
Oyerman.
"Oh, yes there is no question about
that"
The witness was asked to explain the
change of mind and said:
1t is understood, in fact it has been
published in the official church paper.
that authorities of the church labored and
prayed with MIR. 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-
mcny with his church and could not go
into the temple and be baptiz d, and thus
save their souls as we'll"
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.. Crltehlow !
mentioned the location of Union depot |
in Salt Lake, the incident at Brigham
City, in which the church is said to have |
opposed Il certain amusement hall, a case |
before the high council of the church in |
which the parties were Jensen vs.. Diet |
rich Land and Live Stock Company. and |
certain water litigation between Salt Lake |
and the west Jordan Canal The wit
ness was asked concerning statement
in former testimony that a Mormon com
m:ttee dictated legislation in the first |
session OF the Legislature. He was asked |
for a list of the committee and he gave |
the following: c. w. Penrose w. w. |
ate, James Sharp, William Ii. King, F. S. |
Richards, and James VI. Tanner
Judge Ogden Hiles in prefacins his tes- !
timcny, said he had drawn more indict- |
mcnts and prosecuted more cases of un-
lawful eohabitation than any other Off !
clai IN Utah, under the Edmunds-T Tucker |
ac.. Judga Hiles said for the first two |
years the people refused TO obey the law !
despite the fact that opportunity was |
gwen Offenders to escape punishment ii /
they would promise not 10 violate the |
lawa In regard to cohabitation But the /
people, said the witness, said they must
obey the law OF God rather than the law |
of man. They seemed to think It an act /
of apostacy TO go counter TO the church /
rules even in obcying the laws OF the
land. Then came the Edmunds-Tucker |
act which made adultery an of1ense and /
provided a heavy penalty for violations. |
We began to prosecute polygamists for /
adultery. The cases were pressed hard, |
and then the people began to promise 10 /
oby the law. for they were poor, could /
not pay til fines and consequently it be- |
came generally reported that the practice
Of polygamous cohabitation was breaking /
up"
He said there was disposition not TO |
prosecute cases when the law generally |
was obeyed, but that after the manifesto |
1t was seen the Mormons had returned to |