The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-12

erning body to be true, yet it in no
way affects the right and title Of the
Senator to n seat in this chamber This
is the crucial question.
it was conceded by counsel for the
Senator at the outset of the investl'
cation that If he was a polygamist in
! fact, that upon principle and prece-
dent would be sufficient ground for his
exclusion. but 10 be connected with
and a member Of band of polyga-
mists in no way exposes him to such
condemnation. The consideration of
this question necessarily involves not
only the character of the hierarchy
| as a whole. its teaching and practice,
but the conduct Of the Senator as
member of that body in connection
Herewith AS to the character OF the
hierarchy itself, I think I am iusti-
fed in saying in the light of history
that from the time Brigham Young
and his followers entered the Terri
tory of Utah in 1S47 until this hour
| the organization has been n criminal
one. And what was the character Of
this hierarchy MS n whole when the
When Manifesto Was Issued.
AT the time of the manifesto in
1890, every member Of the first pres
idency, the president and his two
conuselors together with the twelve
apostles, with but a single exception
was notorious polygamist and living
in polygamous cohabitation with a mul
tiplicity of wives-from two to nine
each. In 1896, the year of Utah s ad
mission into the Union, the first presi-
dency and the twelve apostles were un-
changed, either in personnel or prac,
tices, all but one continuing in polyg
amy.
In 1900. four years after Utah 8 ad-
mission into the Union, there was no
change in the practice Of the indi-
vidual members of this governing
ceased his polygamous relations as the
result of a divorce obtained from him
by his legal wife. The only change
in its personnel was the elevation Of
the senior Senator from Utah, in April,
1900, to fill vacancy in the apostolate
caused by the death of one Of its mem
bers.
1t is important to note. in passing,
that when the senior Senator from
Utah became member of this hier-
archy. in 1900. the three persons of
the first presidency were all polyga-
mists, ten of the twelve apostolic as
sociates were living in polygamous CO.
habitation, and that the Senator owes
his elevation to the apostleship to the
formal action of this body of polyga-
mists. The very year and hour the
senior Senator voluntarily identified
himself with this governing body Of
fifteen men fourteen Of the number
were living in polygamy, and the mem
bers of this hierarchy were then able,
jointly, TO muster harem of sixty
women, whom they claimed, recogs
nized and cohabited with as their wives.
To contend that the Senator, born
and reared in Utah, and identified with
the Mormon organization from child
hood, instructed and nurtured in its
doctrines, was ignorant Of the character
Of this hierarchy, and the criminal
challenges belief and impeaches his in
telligence. He must have understood
perfectly we'll the character of the or
ganization and the criminality of the
members with whom he was to cooper
| ate and commune.
The vital question, therefore, is, can
one become member OF and identify
himself with a band of lawbreakers,
| knowing them TO be such, participate In
their counsels, and sustain them IN their
conferences, and yet escape all respon-
sibility for their unlawful acts? Such
contention will not stand the test OF
either law or reason. An eminent legal
authority says:
Every person entering into conspiracy
or common design already formed is
| deemed in law a party TO all acts done
by any of the other parties. before or ar
forwards. in furtherance of the common
design The principle on which the acts
! and declarations OF other conspirators.
and acts done at different times. are ad-
mitted in evidence against the persons
| prosecuted is that by the act OF consp'ring
| together the conSpirators have jointly as
| sumed TO themselves. as body. the at
! tribute Of individuality so far as regards
| the prosecution of the common design.
| thus rendering whateevr is done or said
| by any one in furtherance OF that design
a part OF the res gestae: and therefore
| the act OF all.
This doctrine is sustained by an un-
broken line of authority, elementary
and judicial. and ] am sure can not be
successfully controverted, The case of
Spies and others versus The People is
directly N point in support of this
contention 1t Will he remembered in
this case that Spies was arrested and
tried upon a charge of the murder OF
one Degan by throwing bomb which
caused Degan' s death. There was no
evidence in the case that Spies throw
| the bomb or was present when the
bomb was thrown, but it was proven
that he belonged to an organization
known as the International Association
! of Chicago, having for its object the
overthrow of law, and the destruction
| of government, and that members OF
this organization had advised the use
of any force necessary to resist the law
! and its officers.
| Why Anarchist was convicted
In denying the motion for new
| trial in the anarchist case, the Judge
who presided at the trial used the
| following language:
| Now, on the question OF the instruc-
| tions. whether these defendants, or any
| OF them anticipated expected the
| throwing Of the bomb on the night of
! the 4th of May is not question which
! / need 10 consider, because the conVic
| ,ion can not be sustained. II that is
necessary 10 a conviction, however much
| evidence OF il there may be, because the
! instructions do not go upon thar ground.
The Jury were not Instructed to find the
defendants guilty II they believed they
participated I'm the throwing OF that
bomb or advised encouraged the
throwing OF that bomb, or anything Of
that sort
Conviction has not gone upon the
ground that they did have any personal
participation In the particular act which
caused the death cf Degan, but the con-
viction proceeds upon the ground. under
the instructions. that they had generally
by speech and print advised large classes
OF the peope-not particular individuals,
but large classes-to commi, murder and
have left the commission, time, and place
TO the individual Will and whsm, or
caprice. or whatever 1t may he, OF each
individual man who listened to their ad-