The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-04-21
Position of Authorities.
Clerk Bluth's letter to Mr.. Smurth
waite follows:

charles A. Smurthwaite. Esq, Ogden,
Dear Sir-Your letter OF April : 1908.
containing your appeal from the decision
or the high council of the Weber stake
l having been absent from the city at the
time OF delivery of the letter On the
ecIsiiIs OF ADIH j. az d HeeHIlS OF lne
presidency Of the stake, presented your
appeal and. after fun consideration. was
instructed 10 write you and advise you
lhaI the presidency mad instructed me 10
prepare the transcript on appeal, but not
70 transmit 1t until hearing from you
again, the appeal is ambiguous if not
contradictory i'm its wording
You say in your appeal that you do
hereby make written appeal and file the
same to be transmitted to
the proper authorities" Had there been
no further request IL would have been
been instructed not only TO prepare but
To transmit transcript of the papers and
proceedings in the case to the proper au-
InorlLles, that Is, the first presidency OF
the church But YOU add in your appeal
TINS: And make this appeal 10 the
IiEl council or the Church OF Christ.
winch, according to the revelation from
COO to the Prophet Joseph Smith. re
corded In section 1O2 of the Book Of Doc
trIne and Covenants. is to consist or
twelve high priests and one or three presi-
dents as the case NAV require The lat
ter request makes it impossible to trans
nit your appeal and the transcript of the
case. for such body is not the proper
BODY in the church In other words. your
case having been heard before the high
COUNCIL OF TINS stake. winch Is Just SuCn
q oouN or court as mat TO which YOU
appeal. there is no higher council in the
church The only appeal that can lie is
10 the first presidency of the church
Appeal Must Go to First Presidency.
Section 1o2 of the Doctrine and Cove
zatlon of the first high council of the
church. consequently the only nigh coUn-
ell in the church al that time and il is
therefore. referred to as the high council
OF The Church Of Christ" to which all
appeals from the bishops courts or from
lnS branches OF the church would be
taken But verse u of the same section,
IN outlining the proceeding to be followed
IN high council. provides for the or
Eanization of other high councils II
reads as follows: Whenever an high
council Of the church regularly organ
tied. according to the foregoing pattern.
20 shall be the duty" etc. clearly indicat-
ing that the growth of the church would
neCCsSitate the organization of more high
councils. As the church has grown this
iDtimatiOn has been followed. and in all
the organized stakes. so far as ] am in
formed there IS now an organized hish
council proceeding under the same pattern
laid down In the section to which you re-
f.r- IGey are all hlSn CounclIs OF the
Church OF Christ, and differ in no par
ticular from the first council organized
I'm 1894 and referred TO In section lO2.
except that their jurisdiction is limited to
the stake or district in which they are or
Eauized. This being so. your case has al
court as that TO which you appeal There
Being no high council superior to those
being TO provision in the church for an
appeal from the council of one stake to
that of another stake. the only authority
TO which your appeal can be transmitted
IS the first presidency Of the church. You
sre Of course aware that In all these
cases the first presidency sit as an appel
late and not as a trial court; that they
review the case from the record on ap-
peal and do not rchear the case
The presidency Of the stake considered
Il best in fairness TO yourself and to
them. to advise you of these facts so that
vo51 might have an opportunity to amend
--o4Ir appeal or To signify your desire 10
continue the appeal IN light or the ex-
PLANTATION. here offered. If YOU wish the
aDneaI to stand. and II is taken to the
rroDer authorities, 1 Will prepare the
FRA nscripr az speedily IS my other duties
will permit and transmit II TO the first
presidency and advise you OF the trans
mission. am very respectfully;
JOHN Y. BLUTH,
Clerk of the High Council
Reply by Mr.. Smurthwaite-
To this Mr.. Smurthwaite replied as
follows:
Ogden. Utah. April 70, 1905.
Elder John V. Bluth, Clerk OF the High
Council. Weber Stake of Zion:
Dear Brother-YOur favor OF the 18th