The Birmingham age-herald., 1904-12-20
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obey decision of bishops court, which had deprived her of a piece of property to which she had lawful title, and Will liam Balderson of the Boise Qdaho) Statesman. who testified in regard to the political affairs in his state.
 Daughter Was Imposed Upon.
 Isaac Birdsall formerly Mormon, now living at Elsinore, Utah, was sworn and examined concerning a civil trial in land cases, in which he and his daughter were defendants. The case was heard in the Bishops court of Monroe Ward in Utah, where Birdsall and his daughter were charged with -Christian-lilxe con- duet. James E.. Leayitt brought action to obtain possession of sixty acres of land, which he is alleged to have pur- chased from the Birdsalls. but to which he did not have title Mr Birdsall lost the case, and it was decided against him also in the higher court, the next higher church court, and appeal was refused by the office of the first presidency, the highest court.
 Before an appeal to the first presidency was attempted the witness said his daughter was given notice to carry out the verdict of the church courts, or the first presidency would take action by cut ting her off from the church Records in the case were introduced showing that Cora Birdsall. the daughter. was excom- municated in June 1903 MT Birdsall said that the decision so wore on his daughter that she neither ate nor slept nor drank and appeared to lose her mind. Here conduct was brought to thet atten- tion of the president of the state, and her parents were told Their daughter would be tormented and led by evil spir- it's until she had compelled with the de- cision of the church in regard to the nj In tfhf1 oh roh hps.t .4r-,I her. Later she was re-baptised in the church, and then made the deed convey ing the land to Leavitt. The witness said his daughter sent word to him by her mother that she had been forced to deed away the property in question.
 Apostle Smith Is Recalled.
 William Budge of Paris, Idaho. was recalled by counsel for MT. Shoot He said that as bishop of the Mormon church he has never entertained a case involving the title of land for the reason that presidents of the church had given instructions that bishops and presidents of states should not hear such cases. Apostle Smith was recalled and ques- tioned by Chairman Burrows concerning the immigration from foreign countries. He had testified that from one-third to one-half of the converts to the church came from Europe. The emigrants, he said, are usually placed in charge of an experienced man brought over on steam shipe with which the foreign mission aries do business. To MT. Taylor he said he was present at the meeting at which Mir. Penrose was elected an apostle
 The fact that Mr. Penrose was a poly gamlst was not mentioned, or thought of, and he added that question does not enter into the election. It is settled in our country that the people must obey the laws of the land"
 Do you?' said MT. Taylor
 Well, I try to-"
 But you have not succeeded very we'll" asked Chairman Burrows
 Well, not so far"
 Apostle Smith was then discharged and William Balderson, editor of the Boise, Idaho, Statesman and formerly connect ed with the Salt Lake Times. testified in regard to the political conditions in Utah about the time of the issuance of the Woodruff manifesto. and in Idaho after 1891. Asked concerning the passage of a resolution calling constitutional con- vention which was believed by gentileE to be for the purpose of repeating the Idaho test he said that during the ses- sion of the legislature Apostle Smith asked him if he thought the time had come when an amendment could be made tn the constitution to eliminate that DOT
 
 Shortly afterward the resolution passed both house and senate without comment.
 Polygamists Have Increased.
 The witness said that polygamists living in Idaho have increased despite the fact that there have been few plural mar riages within the state. He said up to that time, both political parties in Idaho were disposed to go to Salt Lake to get a straight tip as to which would get the Mormon support. MT Taylor asked if they got this tip, and received the re- sponsive ''yes, but they Never knew whether it was straight"
 It was brought out by Mr. Taylor that the Idaho attorney general is reputed to have taken a plural wife within the last two or three years.
 A. c. Nelson of Salt Lake. state super intendent of public instruction. and a Mormon, was sworn. He Is now making m investigation of the extent to which religious classes are maintained in the schools. Answers have been received, he said, from all county superintendents ex- cept three. Classes are held in about 300 buildings. These classes are assem- bled after the adjournment of the regular school day, which varies from 2.30 to 5 D. m.
 Religion Taught In Schools. MT. Nelson read letter which he had sent to all school superintendents calling attention to a state statute prohibiting sectarian teaching in the public schools. So far as he had information, .dr. Nelson said that the school teachers usually taught the religious classes,
 On eross-examination MT. Nelson was asked if Senator Shoot had been pres ent when any of the matters relating to religion classes had been discussed.
 We'll" answered the witness, "I re- member meeting Senator Shoot and tell ing him I was about to begin my inves- tgation, and that I believed the use of the school buildings for religious pur- poses was contrary to the law, and he said; Good I am glad of it. !"
 'Is that intended to be Senator Shoots answer on the witness stand?" asked Mir. Taylor.
 Tt is well enough in an investigation in which he is the subject to have Senator Shoots name mentioned at least once week." responded Mir. Worthington.
 The hearing was adjourned until to- morrow.