The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-06-12
the following
VIEWS OF THE MINORITY.

ING under consideration Senate Resolution
No POS Fifty-sevcnth Congress second
session. adopted January q, 1893 being
unable to agree with the majority of the
committee. submit the following minor
They attach hereto and make part
hereof a fun statement OF the case show
ing all charges Affecting or intending to
affect the right and title Of Reed Smool
to a seat in the Senate ms a Senator from
the State Of Utah. together with an alb.
stract of all the material, relevant, and
competent testimony offered with respect
thereto, and their conclusions deduced
therefrom.
They ask that the same may he print
ed for purposes OF reference as part OF
this report, and respectfully refer to the
same more complete statement or
the following findings and propositions,
and the testimony and arguments In sup
port of the same, upon which they bnse
their dissent from the conclusions and
report of the majority OF the committee
Reed Smoot possesses all the qualifca-
tions prescribed BY the Constitution to
make him eligible to a seat In the SEN
ate. and the regularity OF his ELECTION by
the legislature of the State OF utah Is
not questioned In any manner
Aside from his connection with the
Mormon Church. so far his private
character is concerned, II is, according TO
who testify on the subject agree or con-
cede that he has led and is leading an
upright life entirely free from immoral
practices of every kind He is not a po-
lygamist; has never had but one wife
and has been noted from early manhood
for his opposition TO plural marriages
member OF the Mormon Church to bring
about the prohibition of further plural
marriages,
III
So far as mere belief and membership
in the Mormon Church are concerned he
1s fully within his rights and privileges
under the guaranty OF religious freedom IIssitl1
States for there is no statutory provision,
and could not be- prohibiting either such
belief OF such membership,
Moreover, having special reference to
tho Mormons residing in Utah and their
peculiar belief. 1t was provided in the
the people OF Utah should provide In their
constitution by ordinance irrevocable
without the consent of the United States
and the people of said States
81 That perfect liberation OF religious
sentiment shall be secured, and that no
Inhabitants of said State shall ever be
of his or her mode OF religious worship:
Provided, that polygamous or plural mar
riages are forever prohibited"
In consequence there was embodied In
the constitution OF the State of Utah a
compliance with this requirement, and
thereupon the Territory was duly admit
ted as State of the Union.
Accordingly, members of the Mormon
church open and avowed believers In It's
mitted without question 10 both Houses
OF Congress as Representatives of the
State.
"
There remain but two grounds on which
the right or title OF Reed Smoot TO his
seat in the Senate is contested. They are:
/. That he Is shown to have taken what
is spoken of In the record as the "endow
ment oath" by which he obligated him
self to mako his allegiance to the
church paramount TO his allegiance to tho
2. That by reason of his official rela-
tion to the church. as one of its apostles,
he Is responsible for polygamous cohabi-
tation which yet continues among the
Mornons, notwithstanding 1t is prohib-
ited by law.
AS TO the endowment oath" 1t is suf-
f1cient IN this summary to say that the
testimony is collatcd and analyzed In the
annexed statement. and thereby shown to
mite In character, and utterly unreliable,
because OF the disreputablc and untrust-
worthy character Of the witnesses.
There were but seven witnesses who
made any pretense of testifying abou
any such obligation. One OF these was
shown by the testimony OF two uncontra-
dlcted witnesses to be mentally unsound.
Another, TO have committed perjury In
the testimony given before the committee
on another point The third was shown
by the uncontradicted testimony OF n
number OF witnesses to have bad repu-
tatton for truth and veracity, and to be
thoroughly unreliable fourth admitted
that he had been for years incorporate,
and was shown by indisputabie tes-
timony to have lost his position
that reason to have withdrawn from the
church and TO have assumed such hos
tile and revengcful attitude as to en-
trely discredit him as a reliable witness.
The other three witnesses were so inde1-
mite as to their statements that their tcs-
timony amounted at most to nothing
more than an attempt TO state an mper-
feet and confessedly uncertain recollec-
ton.
Ie
the character of this oath is positively
contradicted by Reed Smoot and a great
number OF witnesses. whose standing and
character and whose reputation for truth
and veracity are unquestioned, except
only in so far rs their credibilty may be
affected by the fact that they are or
have been members OF the Mormon
Church.
Upon this state OF evidence we arc Of
opinion that no ground has been estab-
lished on which to predicate a finding or
belief that Mr.. Smoot ever took any OBJ
legation involving hostility to the United
allegiance to the Mormon Church as
paramount to his allegiance and duty 10
the United States.
The only remaining question is wheth-
er or not by virtue of his official relation
has any responsibility for the continual
tion Of polyeamous cohabitation by MEM
bers of that church.
THO testimony on this point Is also
carefully collated and analyzed in the
annexed statement
1t will be found by an examination of
that testimony that he has never at any
time, and particularly he has not since
the manifesto of 1890 countenanccd or en-
couraged plural marriages; but that on
the contrary he has uniformly upheld the
policy Of the church. as announced by
that proclamation, by actively advocat-
ing and exerting his influence TO effect a
complete liscontnuancc of such mar
riagcs. and that in the few instances es-
tablished by the testimony where plural
arP~ta cG< nd arf1f,it o1,ah
a result Of them, have occurred since
1880 they have been without any cncour-
Agement, countenance. or approval what
ever on his part.
As to polygamous cohabitation in con-
sequence of plural marriages entered into
before the manifesto OF 1880. there is no
testimony to show that he has ever done
more than silently ecquicsce in this Of
Tense against law. In View of his impor-
fant and influential position In the
church, this acQuiescence might be re-
Rarded inexcusable * II were not for