Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-11

1870 IN Nhlcn tney say
THE appeal case Of James Poulsen
vs. Christian A. Christensen, originally
heard before the Bishops court OF the
Basalt ward, and afterwards by the
High Council OF the Bannock stake OF
Zion, has received our attention, There
are many matters that can be right
fully considered by the Church courts
and decisions rendered thereon, but
when matters relating to the boundary
OF lands and kindred subjects are IN
dispute we think It better that such
differences should be settled by arbi-
tration or, II necessary TO secure the
rights OF either party by the duly con-
stituted courts Of the land The case OF
Pousen VS. Christensen appears to hinse
on Just such a question, for II 1t should be
decided exactly where the boundary
line between the lands Of these breth-
rem lay there would be no difficulty IN
reaching a conclusion with regard to
the other questions Involved
Do you understand that that was q
denial OF the propriety OF trying a lana
case If the boundary was not IN DIS
pute?
Senator Smoot-I think 80.
Mr.. Tayler-You do?
question OF title to land.
Mr.. Tayler-Do YOU remember the
reference that was made In these let
tiers to the case at Paris. Ida
Senator Smoot-I do not remember
the details.
Mr.. Tayler-Do you not know that the
case went on, and that President Bulge
or the High Council heard the case2
Senator Smoot-Noi ! understand
that President Bulge testified that he
did not hear the case.
Mr.. Tayler--l do not know that he
testified on that particular phase of 1t
at all
Senator Smoot--That is the only one
! remember.
Senator Dubois-He testified general
ly, to the best of my recollection, That
they had orders not TO try land cases.
Senator Smoot--He spoke of the case,
and / think there was a specific case
mentioned and that the High Council OF
that stake did not try II and would not.
Senator Bailey-Mr Smoot, you are
not "A lawyer?
Senator Smoot-No; sir.
Senator Bailey-Then, OF course, when
you say that a question OF boundary
Is a question OF title to land, you speak,
In that opinion, as a layman.
Senator Smoot--Oh, yes.
Senator Bailey-Of course, a question
Of boundary does involve title to the
land between the disputed boundaries.
Senator Smoot-Yes
Senator Baley--But a lawyer does
not understand a boundary case to he
exactly a case involving title to land.
Senator Smoot-This is the way I
construed It. at least: II the boundary
line should be claimed by one party to
be 10 feet out Of line, and should be
moved 10 feet or rod or whatever the
distance may be. further on the land
Of the other party, | Of course took II
that 1t was q question of land, or right
and title to land.
Senator Bailey-It does Of course in
volve title to the land between the dis
puted boundaries, but II Is not what we
understand to be a case involving title
to lands.
Senator Smoot-A case Of that kind,
Senator, our Church would not take up
by the courts Of the Church and handle.
Senator Bailey--I was rather Impress
ed by the wisdom Of the Church In
avoiding boundary line disputes, be-
cause they create more bad feeling than
all others.
Senator Smoot--We have a great
many other disputes out there as to the
title to water rights,
Mr.. Tayler-You said something Sem
ator, about the religion classes in the
public schools.
Senator Smoot-The public school
houses.
Mr.. Tayler-Yes: the public school
houses and you put in evidence yester-
day a recent order issued by the
Church
Senator smoot--I believe that my at
torney submitted r.
Mr. Tayler-Saying that hereafter no
religion classes should be held in the
schoOlhouses.
Senator Smoot-Yes
Mr. Tayler-You know now, do you
not, that several hundred such religion
classes were being Instructed I'm school
houses2
Senator smoot--Conducted do you
mean?
Mr.. Tayler--Well conducted.
Senator SMOOTH schoolhouses2
MIR. Tayler--Yes
Senator Smoot-After school hours?
Mr.. Tayler-Yes
Senator Smoot-I so testified yester-
day.
Mr.. Tayler--I do not know that you
said how many 1t was the number to
which | was attaching Importance,
Senator Smoot-I could not say
Mr.. Tayler-Do you remember the
testimony Of the state superintendent
Of public instruction?
Senator SmOot--I think he stated
there were some 300, as / remember Il.
Mr.. Tayler-Do you have anything TO
do with the Sunday school system Of
your church,
Senator Smoot--Nothing at all.
Mr.. TaYler-Who is at the head Of II :?
Senator smoot-Presldent Joseph +.
Smith.
Mr.. Tayer-Who Is in Immediate
charge Of that branch OF your Church
work?
Senator smoot--Lars Eggertsen.
Mr.. Tayler-What position does Jo-
seph NJ Tanner hold in relation TO H.?
Senator Smoot-He II over the whole
Mr.. Tayler--Of course the President
Of the Church Is the head Of It all.
Senator Smoot-Yes,
Mr.. Tayler-Joseph NJ, Tanner is the
general superintendent?
Senator Smoot-Yes.
Mr., Tayler-He Is a man who Is said
to be polygamlst?
Senator Smoot-Yes.
Inc NlldlIludl-- WNbm is ne CHOSEN
or appointed 10 that position?
Senator Smoothly the President Of
the Church.
The Chairman-When was his APP
pointment made. II you know?
Senator SmOot-I would not want to
testify I should say within three or
four years something Hike that,
The Chairman-At the time the APP
pointment was made, was he known 10
be n polygamlst7
Senator SmOot--I think so.
Mr.. Tayler-You know, Senator. that
during the last school year, 1904
instructions were issued TO the various
teachers
Senator Smooth heard that testified
TO here.
Mr.. Tayler-As to the subjects con-
corning which they should instruct the
children
Senator Smoot--I remember II being
presented here to this committee.
Mr., Tayler-And you recall that those
teachers were directed 20 instruct the
children, among other things IN the