The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12

- MI SInOOL IS an lnSeparaDie part
oi the governing body Of the Mormon
church-the first presidency and twelve
dpOSues-and those who compose that or
sanitation form unit. an entirety, and
Whatever is done by that organization is
the act Of each and every member there
or, and whatever policy is adopted and
pursued by the body which controls the
Mormon church Mr.. SmOOt must be held
to be responsible for as a member of
That body That one may be legally. as
wen as morally, responsible for unlaw
lul acts which he does not himself COM
mt Is a rule Of law too elementary to
require discussion. What one does by
another does by himself is a maxim as
old as the common law. And as the first
presidency and twelve apostles Of the
Mormon church have authority over the
spiritual affairs of the members Of that
church. it follows that such governing
body of said church has supreme author
lty over the members Of that church in
respect TO the practice Of pOlygamy and
polygamous cOhabitatiOn-
In England in former years, and under
the canon law. matters Of marriage, di-
vorce, and Legitimacy were under the
- jurisdiction of the ecclesiastical courts
OF the kingdom, in which the punish
ment was in the nature Of a spiritual
penalty for the good of the soul Of the
oITendeT- this penalty in many cases be
ing that OF communication or eXpul-
sion from the church. q Blackstone
Commentaries. 49,; BlaCkstOnes Com
mentaTles, %, BlaCkstOne'S Common
tarles, JOB and note, Reynolds VS.. United
States. 98 I. S. I45. I64-I6j1 And in later
years. while the civil law now prohibits
and Furnishes bigamy, the authorities of
every Christian church in this country
take cOgnlZance Of matrimonial affairs
and by authority Of the church in spiTi-
iual matters prevent and punish by cen
sure OF expulsion any infTaCtiO0 Of the
rules OF the church regarding marriage.
Ihe testimony taken upon this lnVeSu-
cation shows beyond controversy that
the authority of the first presidency and
the twelve apostles of the Mormon
church over the members of said church
Is such that were the said first pTesi-
denCy and twelve apostles TO prohibit the
practice of pOlygamy and pOlygamOus
COhabiJatiOu by its members and aban-
don me practice themselves and eXpel
from the church all who persist in the
practice. those OffcuSeS would instantly
cease i'm that church. An the fact that
not a single member OF the Mormon
church has even fallen into disfavor on
account OF pOlygamOUS practices is con-
elusive proof that the ruling authorities
Of that church Countenance and encOur-
age pOlygamy-
The conduct Of Mr.. Smoot in this re-
Sard can not be separated from that or
his associates i'm the government Of the
Mormon church. Whatever his private
opinions or his private conduct may be,
ne stands before the world an integral
part Of The organization which gnCOuT-
ages Counsels- and approves polygamy-
which not only fails 10 discipline those
who break the laws of the country. but.
on the contrary. loads with honOrS and
faVOrs those who are among the most
noted polygamists within the pale Of that
church
II is an elementary principle of law
that WHeTc two OF more persons are as
ISOLATED together in an act. an oTgauiZa-
ton an enterprise or course Of con-
duct. which Is in It's character or puT-
pose unlawful, the act of any one of
those who are thus associated Is the act
Of all. and the act OF any number Of
the associates IS the act Of each one of
the others.
An eminent legal authority SAYS.
ms inf =r,-r
acy or common design already formed is
deemed i'm law ii party To all acts done
by any OF the other parties before or
afterwards I'm furtherauce of the com
mon design The principle on which the
acts and declarations of other conspira-
tors and acts done at different times
are admitted i'm evidence against the per
sons prosecuted is that by the act Of con-
spring together the CCuSDiTatorS have
Jointly assumed to themselves. as q body.
the attribute OF individuality so far as re-
CARDS the prosecution of the common de-
sign. thus rendering whatever is done
or said by any one i'm fuTtherance of that
design d part of the res gestae and
therefore the act of all - Greenleaf on
Evidence secs, g. a. See also Com
mouwealth VS. Warren. Mass, "a PeO-
pie ". MatheT + Wend-. 80. 251, People
vs. Peckens I53 y. Y. SO $50. 5q3: Unit
ed States vs. GOOdlnG. y Wheaton, 459,
100. American Fur Company vs.. United
Burrows 81 l. s +26, 42S; United States
". Mitchell. Hughes, 439 Federal
cases No l5.I9ol; Stewart vs. johnson. 3
Har. N. j. So Hmchman vs.. Richie
Brightlcy's y p pa 143. Freeman VS.
Stine. 81 Leg Int. pa. 80. Spies et. al
rs. People. - Illinois. ID
The case last cited illustrates this priu-
Cple more fJTgIDlv than any Of the 9TH
eTS referred to- IN that case which is
commonly known as the anarchists
case there was, as to some of the de
PENDANTS. very little evidence. and as 10
others of the defendants no satisfactory
evidence that they were present at the
commission of the murder which was
committed 10y an unknown person. But
Is was proved that the defendants were
members OF an organization known as
the International Association of Chica 60
having for its object the destruction Of
the law and government and incidentally
0f the police and militia as the TepTesen-
rstIVcs of Law and government. and that
some of the defendants had. by spoken
and printed appeals 10 UOTkingmen and
others, urged the use of force. deadly
weapons. and dynamite in resistance to
the law and its Officers
In denying the motion for a new trial
in the anarchists. case the judge who
presided at the trial used the following
language
ti0ns. whether these defendants. or any
Of them. anticipated or expected the
throwing Of the bomb on the night of the
4Jh of May IS not a question which 1
need 10 consider. because the conviction
can not be sustained If that Is necessary
To a conviction, however much evidence
of il there may be- because the instrUc-
lions do not go upon that ground. The
jury were not instructed TO find the de-
PENDANTS guilty if they believed they par
ticipaJcd IN the throwing OF that bomb.
or advised or encouraged the throwing
Of that bomb, or anything of that sort.
Conviction has not gone upon the ground
hat they did have any personal partici-
patton i'm the particular act which
caused the death Of Degan. but the con-
yiCtiOn proceeds upon the ground. under
the instructions that they had generally
by speech and print. advised large clas-
scs of the people. not particular individ-