Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-01-21
AGAIN ON THE STAND
Mr.. Smoot Declares His Re-
gard for the Law
is ABOVE THE CHURCH
QUESTIONED ON HYPOTHETICAL
CASES.
Explains Obligations of Mormon To-
ward the Alleged Revelations of the
Head of the Church.
is ABOVE THE CHURCH

| testimony before the Senate committee on
privileges and elections. which is investi-
| eating the protests against the senator re-
| tanning his seat, crowd gathered early to-
| day. Several members of the committee
| who have not been attending the hearings
| regularly were present
Senator Smoot was still suffering from
| the attack of indigestion which was re-
si'onsible for an early adjournment yes
ter6ay. The senator took the witness stand
| at 1890 and before proceeding he made Il
| correction In his testimony concerning trial,
| of apostles. He said the quorum of apos-
| ties has the right to depose one of its
members, and the twelve apostles the only
| quorum that has that right. Several other
| minor corrections were made. In carrying
| out the decisions of the quorum the sem
| ator said he does not understand that the
! minority must join with the majority.
Deposition of Cluff
| The first time he heard of the plural mar
riage of Benjamin Cluff, president of the
! Brigham Young University, said the sena-
| tor was in 1902. when he was told by Jesse
Knight. The senator said he heard from
Mr. Knight that Cuffs plural wife
] was the daughter of George Reynolds Ex-
cept for the investigation of the subject,
looking to the dropping of Cluff from the
|
! at the hearing yesterday, the senator said
he had made no further inquiry He said
I Chn was removed year later and was
succeeded by George BrimhalI who the.
| senator admitted, then living with A
! plural wife. He said he was not present,
| but would have voted for Brimhall if he
| had been at the meeting
| You consider the position of president of
! the university purely ecclesiastical, them"
| asked Mr.. Tayier
| Il think it is
Then the rule laid down by you, which
would have controlled your vote for Apostle
| Penrose, a polygamist, would apply ta tie
ELECTION Of BrimhaIi?'' f- ,s-'-1 ~. ~
Il think the same rule would apply [
don't think | would vote for him for
federal office. There are some polygamists
| | would not vote for. and some that would
would vote for man like BrimhaIl for a
state office, answered the senator.
Insane Wife an Extenuation.
| The distinction he made was that Brim-
hall had taken no plural wives since the
manifesto, but was living with a plural
Wife for the reason that his lawful wife was
| in an insane asylum. He admitted first. thar
he believed Mr.. BrimhaI was violating the
| spirit of the law, and pressed by Chairman
Burrows said that Brimhall was also yio-
lating the letter of the law. However
| the condition of the first wife was an ex-
tenuating circumstance.
What again asked Chairman Burrows.
do You think it is an extenuating cir
cumstance for a man to marry another
woman and have children by her because
| his legal wife is in an insane asylum?"
No, l hardly think that
HaVe you any doubt about it? Do you
think 1t was an eXtenuating circumstance
! because the first wife was insane?"
Perhaps | could put it as broad as that
L think it would be-"
Attorney VanCott interjected that a man
could not get divorce in Utah because his
wife was insane.
Senator Knox took up the query here.
| DO you say this would be an extenuating
circumstance Gu nTI al IN all cases of a polygamist,
| or only in cases before the manifesto?''
| Only before the manifesto For a man
| TO marry wife in that way since The
manifesto would be poiygamy.''
Senator Smoot said he knew Mr. RrimhalI
when he was a trustee of the state asyh,m
| board. He was of the opinion that the first
Mrs. Brimhall had two children. Mr. Tay-
ier read from biographical sketch to show
| that Brlmhall had six children. The wit
| ness was under the impression that Brim-
hall did not marry his second wife until
| after his hrSt was sent to the asylum but
the biography seemed to dispute the state
ment. The inquiry on this subject was not
brought to definite conclusion.
The elevation of Joseph +. Smith to the
presidency of the church was brought up
| by Mr. Tayler, and the witness said he voted
| to sustain him, and had so voted at other
conferences to sustain Smith president.
Alleged Divine Revelations.
| do you believe the church still receives
| revelations from God?" asked Senator Over
| man.
| Il believe the church can receive revela-
| tons
Who receives them?'
Il believe any good man can receive reve-
| lations, but President Smith is the only
| man who can receive revelations that
| would be binding upon the people"
do you believe that any revelation
! which might be given could be superior TO
| the laws of the land:' asked Senator Over
man.
Il do not believe it would be superior to
| the laws of the land"
Then If you got a revelation from
heaven yourself would you have 10 obey
it?'
II believe if it was from God it would be
compulsory upon me to obey it. But if it
| was contrary to the laws of the country in
| which l lived. 1 would move to some other
| country where 1 could obey the law"
DO you believe that revelations are ever
| given?''
We'll. have heard men testify so. but
could not say.
what is your belief?'
Il believe that God could do such things.
He did it in former days and could do it
now"
Explaining further the extent to which
revelations were lived up to- Senator
Smoot said he remembered a revelation
being received for the establishment of
the United Order and that Brigham
Young. following out the instructions OF
that revelation. went from one end of the
state to the other, preaching the estab-
lishment of that order
Revelations Ignored.
"And 1 know he concluded. that it
was never attempted nor lived up to by
the people, and today is virtually a dead
letter.
Senator Dubois asked: do you mean
to say that II a revelation was received
by the president of the church and sub
mitted to the church that member could
disregard that and maintain his fellow
ship and standing in the ehurchYt
80, yes, understand so.
Continuing Senator Smoot referred to
the law of tithing. He knew there Were
many members of the church who disre-
garded 1t, although it was a law of the
church.
Senator Dubois followed up his ques-