Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-26
CONDUCT OF HIERARCHY.
CHARGED WITH CONTINUED DE-
FIANCE OF LAW.
Alleged Responsibility of the Utah
Senator-Accused Of Conniving at
Practice of Po1ygamy.

case for the protestants, opened. tomorrow
the arguments for Senator Smoot Will be
anade by A. s. Worthington OF this city
and Waldemar Van Colt of Salt Lake. Utah.
1t is expected former Secretary of the
Treasury John G. Carlisle will close for
the protestants.
The question in the case, said Judge Tay
Ter. is not one of the personal morals OF
Senator Smoot or of any of his associates
in the Mormon hierarchy. incidentally the
discussion may take on some color of In
Hividual morals, but that Is incidental
merely. $50
The question is one of government whose
basis is law. The question Is whether the
1awmaker shall be held to respect law pc
cause it is law. The attitude of Senator
Smoot toward the subject of revelation and
its influence on his conduct and his atti-
tude toward the defiance of law by his
ecclesiastical associates, who with MIN
constitute an absolutely unified hierarchy,
this is the important and overrullng sub
feet of consideration.
And the higher Senator Shoots character
as a man, the higher the character of his
associates-aside from the things they do
under the claimed sanction of God-the
graver is the question and the more serious
the menace. 1t violates the law not from
mere degeneracy or from want Of moral
sense, but because its members recognize
and obey a higher law, matter what
they may assert or how they may conceal
the fact or deceive themselves.
History of the Church.
Mr. Tayler gave a sketch of the history
of the church, of its doctrines and OF the
long series of acts showing that from the
earliest days Its controlling spirit was de-
fiance of law, due inevitably to the fact
that its hierarchy was In communication
with God, and since 1t received revelations
from the Almighty it must obey the higher
law
NJ sLo1yad bouu Historically ALL the things
complained of had come to pass; how In
consequence of the authority of revelation
obedience was taught and was given; how
polygamy was practiced long after the law
forbade it; long after the Supreme Court Of
the United States had denounced 1t and de-
clared the law constitutional; long after
President after President bad condemned
1t In messages to Congress. and how the
manifesto suspending it was only issued
while the property of the church was IN
the hands of the government and could
never be restored SO long as polygamy was
rule of the church. and how, notwith-
standing this, at least four apostles mad
taken plural wives since that manifesto
was issued.
Power of the Senate.
On the question of the power Of the
Senate Mr.. Tayler urged that 1t could act
either under the expulsion clause of the
Constitution or under the clause making
It the judge of the elections. returns and
qualifications of it's members.
1t had authority under the expulsion
because of the present status of Senator
Smoot, but not because of anything oc-
ourring prior to his becoming a senator.
The real source of authority in the Sem
ate. however, 1t was urged. was in the
Qualification clause. No apostle of the
church. as the hierarchy is now consti-
tuted with its defiance Of law, and Sena-
tor Shoots conduct In respect of that,
had the qualifications of a senator. A
government such as ours could not exist
If such men were eligible to make Its
laws.
The same reasons could have been
urged against Senator Smoot If his seat
was contested or If 1t was sought to de-
Glare it vacant on the ground of no valid
election can now be urged.
The same cause which Will suffice to
keep man out will suffice to put him
out
Judge Tayler held that If a senator was
Ineligible to hold Office he might be ex-
cluded by a majority vote, and IL, by any
chance, he was sworn In and took his seat,
the Senate still had the, power to exclude
him by a majority vote. In other words, if
the cause for expulsion is something ante
dating his election and not discovered until
the senator takes his seat. then the two
thirds rule for expulsion does not apply.
Judge Tayler declared that the two-thirds
rule covers instances where expulsion is
desired because of some act committed by
Senators Bailey, Beveridge, Foraker
Knox and Chairman Burrows participated
in discussion which was caused by the
last statement. the first two taking issue
with Judge Tayler. They held that when
the Constitution enumerated the three quail
ihcations for a senator the subject had
been exhausted. except where the Senate
by two-thirds vote determined to exclude
q member because of some act uniting
him for membership.
Conduct of the Hierarchy.
Judge Tayler continued: ...-..
"The main facts established are as fol-
lows:
THAT the Mormon hierarchy, composed
OF the first presidency and twelve apostles
Is self-perpetuating body assuming and
exercising supreme authority in religious
and temporal matters
81. It's assumption Of supreme authority
In temporal matters Is shown by extrasts
from the Doctrine and Covenants, an in
spired and authoritative work, and by a
series of declarations made by ALI of the
prominent men of the church. from Brig
ham Young to Joseph f. Smith and his
chief associates in the hierarchy
I'll. Its exercise of supreme authority in
temporal affairs is shown:
l. by It's constant and universal interfer-
ence In politics: by Its discipining those of
its prominent members who became candI
dates for office without Its consent
1T disciplined Brigham H. Roberts the
first time he was a candidate for Congress
and compelled him to recant At the next
election he obtained the consent of the amos
ties and was elected
Reed Smoot was required to obtain the
consent of the apostles before becoming a
candidate, and when he obtained that con-
sent it was known that his election was
thereby assured If republican legislatures
was elected. Witness Stephens testified that
Senator Kearns' candidacy was afterward
approved by President Snow, and that If he
had not thus been approved he probably
would not have been elected The same wit
ness also testified that Senator Kearns was
opposed by church officials, that he did
not become a candidate for reelection
The church controls the politics of Utah
and by holding the balance of power in
Idaho and Wyoming obtains freedom In the
practice of unlawfulness by its members in
both states.
''2. In half of the public school buildings
or Utah, Immediately after the close of
school. children are instructed in religious
classes. generally. perhaps always, by the
public school teachers. under written au-
thority and instructions from high general
officials of the church; the course of study
Is prescribed by the hierarchy, and consist
ed. during the school year 10000, of in
struction respecting the life and works of
leading Mormons. including every promi-
mi CT Twin ard