The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-01-10

! polygamist, or that he ever has been
! a polygamist, or that he has ever prac-
tieed polygamous oohabitation.
General Denial.
This respondent further denies that
1 he has ever countenauced 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 OF persons who
( may have violated the laws of the land.
And this respondent denies that ne is
guilty Of any practices or any practice
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
either. And this respondent further al
ieges that the president of said church
and his two counseliors constitute the
first presidency and is the highest gov
erDing body in said church. and the
same has control of the spiritual and
temporal affairs OF said church. but
not Of the temporal affairs either Of the
state or any members Of said church,
that the next highest governing body
in said church is the twelve apostles.
consisting of twelve members of said
| church. who are under the direction Of
/ the first presidency ard said apostles
on the dissolution of the first presi-
doncy for any reason whatsoever, then
and not otherwise have authority equal
10 such first presidency.
Not Taught or Encouraged.
Respondent further alleges that
since the manifesto of President Viii
ford Woodruff was issued in 1890 nei-
tber a belief in nor practice Of pOlyg-
amy or pOlygamOus cohabitation has
either been taught OF encouraged.
Mr.. Smoot admits that the first presi-
dency of the Mormon church is vested
with supreme authority in all things
/ spiritual and in, ali things temporal 50
far as temporal things pertain TO the
affairs of the church. He denies that
the first presidency or twelve apostles
are supreme in the exercise of the al
legged mandates. He says the only ac-
cepted standard works Of the church
are the Bible. namely, King James
version. the Book Of Mormon. the Pearl
of Great Price and the Doctrine and
Covenants, together with the nantes
Ito Of President MILFORD Woodruff, dated
1880. So far as quotations are made
from any Of the foregoing and correctly
quoted, the respondent makes no COM
plant. but ne denies the construction
placed on them by tie protestants.
Admits the Rule.
It is admitted that the Mormon
church made a rule in regard TO its
leading officials taking part in politics,
but denies that this rule is fully or cor
lrectly set forth in the protest. In ref
ference to the deposing of Moses Thatch-
er from the twelve apostles and his de-
feat by the church in his contest for the
dictatorship in the legislature the re-
Spondent denies that the defeat was
due to his opposition to the rule OF the
lchUrch. He admits that remarks wers
made by George Q. Cannon, MILFORD
Woodruff, LoTeEEO Snow, John Henry
Smith Brigham Young and Joseph
Smith on the subject of such deposition,
but denies that such remarks are cor
rectly quoted in the protest.
Mr.. Smoot alleges that since the
manifesto Of President Woodruff IN
1890. the practice of polygamoUs CO.
lhabitation by those who were polyga-
imists heretofore had been abandoned
by many but continued by some for a
time and where continued on the sole
sponsibility Of such persons, and sub
ject to the penalties Of the law.
Multiplying Law.
! 1t is denied that any body Of off,
tciaIs either practices or connives at po-
llygamy. or that Mr.. SmOOt or any body
of officials sought to pass law multi
flying enaCtmentS against pOlygamous
Capitalization. It is admitted that such
a law cid pass the Utah legislature in
1901 but it is asserted that many Mormon
members voted against the bill, and
that it was vetoed by the governor,
and the veto was sustained by the leg
islature, a large majority of which
were members of the Mormon church.
Mr.. Smoot admits the charge that he
lis director Of Brigham Young AGA
idemy. but alleges that he is not familiar
with details of the employment Of in
structors.
The charge that Mr.. SmOot, from the
high station Of United States senator
would wage war upon the home is de-
MED in strong terms. He agrees that
the home is the basic institution upon
whose purity and peTpetuity rests the
very government itself. and he alleges
that he has a sacred regard for the sta
ton of senator and for its duties, as
has any Of the prOtestants or the most
loyal citizens. He admits that the en-
joyment Of the privileges of statehood
must depend upon the Observance Of
the sacred compact upon which state
hood was secured. also that the rights
thereby granted are not inalienable, but
denies that he is or ever viii be unfit
leu 10 make any law
Election of Senator.
/ Concerning the political significance
LOT his election as United States sen
ator, Mr.. Smoot says that in May. 1902.
he announced he would be a candidate
before the legislature to be next elected.
and that such declaration was Of his
own judgment. Continuing. he says
that the Democratic papers in the
state of Utah. opposing the candidacy
of this respondent. stated over and over
again, in prominent headlines and in
strong editorials. that a vote for the
Republican ticket meant just that much
toward the selection of this respond
ent as the next Republican United
States Senator from the state Of Utah;
that the members Of the legislature
We're nominated and elected on that is
sue. and your respondent was the
choice. by a large majority, Of such
Legislature. as the Republican United
States senator from the state Of Utah,
and most Of the Gentle Republican leg
islatOTs voted for this respondent for
such Office. At the time ali of the Dem
Ocratic Mormon legislators opposed his
domination to such Office and voted for