The Montgomery advertiser., 1904-01-17

mental resrvation, let it be produced If that charge could be supported. said he. it would convict Mir. Smoot as acting the lie and would be a violation of tine compact between Utah and the United States before which Utah was admitted into the Union as State. These charges, he argued. demand proof, for If 1t can be shown that MT Smoot had furthercd the movement to promote poiygamy con- trary to the compact, then we will say, of course that MT. Smoot ought to be ex- pellcd." Mir worthington read large number of court decisions leading up to the aban- donment of pelygarny and then read from official church proclamations including the manifesto of 1890 declaring that polyg- amy should be abolished. He also read
 the amnesty proclamation of President Harrison and declared that not only by
 this proclamation but by acts of Con- gress the people of Utah should be 'ab-
 solved from the charge of poiygamy by complying with the enabling act admit
 ting the State to the Union. '' l Mir. vanCott made a statement in Scn- ator Shoots behalf. He referred first to | the act of Utah Legislature nuiiifying tho nti-poIygamy act and he confirmed what Mir. Tayler had said. that the bill had | been vetoed by q Mormon Governor. He l said Senator Shoot had nothing to do with the. passage of the bill and should not be charged with it. He invited the fullest inquiry into Senator Shoots life. I've throw down the bars he said. | ''and invite you to investigate his entire | career" Senator McComas asked whether it was true that the apostles take a secret oath and Mir. VanCott replied that not being a Mormon, though resident of Utah. he could not reply on his own knowledge. It was his understanding, however, that the Mormon apostles took no oath.
 Senator DuBois asked how 1t was with the elders. and MT. Van Cott replied that there might be some obligation taken in connection with the endowment ceremony.
 That was not, however, one Of the charges.
 Mir. VanCott then entered into an argu- ment to show the impropriety of inyesti- rating the relations of other people in connection with the charges made against senatot Shoot. He agreed, he said. with MT. Taylor that the authority of the con mittee on investigation was practically unlimited but in view of the fact that the previous inquiries by Congress had developed the facts with reference to the earlier history of the Mormons he thought the investigation should be confined to the period since the admission ,or Utah into the Union.
 had ever encouraged polygamous cohabi- tation or any other crime. He contended that if the Committee should decide to make its investigation general. with rel erence to the members of the Mormon Church. 1t should eonfine itself to polyga- inv and not to polyEamous cohabitation, for the reason that 1t had been impossible, as he believed. to entirely stamp out such cohabitation on the part of the persons who had entered into poiygamous mar riage before President Woodruffs mani festo of i'1Se0.
 Senator Burrows, Chairman of the Conn mittee. asked Mir. .VanCott specifically eoncerninR the charge that the first presi- de,iev and the twelve apostles of the Nor mon church were today living in the pr'ac- lice of polygamy. Tn aslElnE fhe question he referred to these otiiclals, ttle EoyefN- ing power, of the church
 Senator Shoot himself took excep- lion to this characterization of Inc, hoay and at his instaflce Mir. WorthiuRton interrupted Mir. VanCott to say that they do not constitute the gov erning power of the church.
 MT. Burrows waived the point and MT. VanCott said that he had no personal knowled9e of the fact. but that he under stood and believed it to be fact that Joseph Smith. the President of the church. was a polygaminst. As Tor Messrs' Young and Winder, his information was that they were both monogamists
 With reference to the apostles. Mr. Van Cott said that it was his information that six or seven of the twelve were polygam- ists, but he added that none of them arc living in polygamous cohabitation.
 Replying to questions from Senator Me Comas as to the charge that polygamous cohabitation was practiced by members Of the Mormon Church within the knowledge of the apostles, Mir, VanCott said that 1t was not true. He declared that Sena- tor Shoot did not know of such practice and if he did. he would give the informa- tion to the commission. MT. VanCott said that where the associates of MT. Shoot had practiced polygamy or violated laws. their acts would subject them to punish them. but that would In no manner unfit MT. Shoot from qualifying as Senator.
 MT. Burrows asked Mir. VanCott if hls answer would he the same if 1t was shown that MT. Shoot had knowledge of the violations of the laws by his associates.
 ''If he had knowledge of such violations and encouraged them, then would say Mr.SSmoot was disqualified for service as Senator" said Mir. VanCott, flor then he would have been guilty of connivance at the disregard of laws. But Mir. Shoot has urged over and over again. that every law should be strictly observed"
 MT. Tayler replied to MT. Shoots at- torneys on the point as to whether it was competent for the Senate to go into the acts of the Senator prior to his election. He laid down the general proposition that acts of a continuing character should be investigated even though committed be- fore election.
 Nor" he said. lis the church in gen. eral to be investigated except as it's act effect the propriety of MT. Shoots being here" He added, however, that 1t was impossible to know what MT. Shoot stands for unless 1t is known what the church teaches with reference to the charges against the senator.
 "All We want" he added, "is justice. " He declared that proof of MT. Shoots acts and his knowledge of other acts in contravention and defiance of the law would be supplied"
 The committee decided to receive from the attorneys for Mir. Shoot a written reply to MT. Taylers arguments This reply is expected to be made Monday, and Senator Burrows will convene the committee at the earliest time conven- lent to the members. From converse ton ensuing in the executive session, it was made plain that the committee will prosecute a thorough inquiry into the charges against Mr. Shoot
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