Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-11

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Church to bring about the prohibition Of
| further plural marriages.
80 far as mere belief and membersnip
/ In the Mormon Church are concerned" rays
| the minority, Reed Smoot is within hts
rights and privileges under the guaranty
| of religious freedom given by the Consti-
| tuition Of the Emitted States. for thers Is
no statutory provision, and could not be,
prohibiting either such belief or sncn rnem-
bership." On this subject II was pointed
out that Congress required the peo5le of
Utah to provide In their constitution that
perfect federation Of religious sentiment
shall be secured. and that no inhabitants
OF said state shall ever be moiested In per-
son or property on account OF his or her
mode of religious worship: Provided. That
polygamous or plural marriages are forever
prohibited"
Utah was admitted az state, and the
minority adds:
Accordingly. members OF the Mormon
Church. open and avowed believers In Its
doctrines and teachings, have been ad-
mltted without question to both houses OF
Congress as representatives of the state"
The minority says there remain but two
grounds on which the right or title OF
these are:
The Endowment Oath.
THAT he is shown to have taken what 10
SpUhGu Oh IN the TeCOTQ as Tile tHuoW
OATH by which he obligated himself to
make his allegiance to the church para
mount to his allegiance to the United
States; and
THAT by reason of his official relation
to the church, as one of its apostles. he is
responsible for polygemous cohabitation,
which yet continues among the Mormons
Notwithstanding Its is prohibited by law.
las to the endowment OATH IL Is suf-
fcipnt in this to that the
testimony is collated and analysed and
thereby shown to be limited In amount,
vague and indefinite in character. and ut
terly unreliable, because of the disreputable
and Enthusiastically character of the witt
ness.
There were but seven witnesses who
made any pretense of testifying about any
such obligation. One of these was shown
by the testimony of two uncontradictory
witnesses to be mentally unsound. An
/ other to have committed perjury in the
testimony given before the committee on
another point. The third was shown by
the uncontradicted testimony of a number
Of witnesses to have bad reputation for
truth and yeracity, and to be thoroughly
unreliable. A fourth admitted that he had
been for years Incorporate, and was shown
by indisputable testimony to have lost his
position on that account, and thereupon for
that reason to have Withdrawn from the
church and to have assumed such a. hostile
and revengeful attitude as to entirely dis
credit him a reliable witness. The other
three witnesses were so indefinite as to
their statements that their testimony
amounted at most to nothing more than
an attempt to state an imperfect and con-
fessedly uncertain recollection.
Testimony Contradicted.
''All that 1t is attempted to show as to the
character of this oath Is positively contra
dicted by Reed Smoot and a great number
of witnesses. whose standing and charac-
ter. and whose reputation for truth and We
racity are unduestioned, except only In SO
far as their credibility may be affected by
the fact that they are or have been members
of the Mormon Church.
Upon this state of evidence we are of
opinion that no ground has been established
on which to predicate finding belief
that Mr.. Smoot ever took any obligation in
volving hostility to the United States, or
requiring him to regard his allegiance to
the Mormon Church as paramount to his
allegiance and duty to the United States"
As to whether Senator Smoot. by virtue
OF his official relation to the church as one
Of its apostles has any responsibility for the
continuation of polygamous cohabitation
by members OF the church, the minority
says:
Shoots Attitude.
'Tt will be found by an examination of the
testimony that he has never at any time,
and particularly he has not since the mani
festo OF 1890. countenanced or encouraged
plural marriages: but that, on the contrary
he has uniformly upheld the policy of the
church as announced by that proclamation
by actively advocating and exerting his in
huence to effect a complete diScontinuance
of such marriages and that in the few In
stances established by the testimony where
plural marriages and polygamous cohabita-
ton, as a result of them. have occurred
since 1880 they have been without any
encouragement, countenance of approval
whatever on his part
LAS to polygamous Capitalization In conse-
quence of plural marriages entered into be-
fore the manifesto of 1890 there is no testi-
mony to show that he has ever done more
than silently acqiesce in this offense against
law. In view of his important and infiuen-
tfal position in the church. this acquiescence
might be regarded as inexcusable If 1t were
not for the peculiar circumstances attend
ing the commission of this offense."
The minority then shows, by a recital of
historical facts that instead of dscoun-
tenancing and prohibiting poiygamy. when
1t was first proclaimed and practiced, the
Congress remained silent and did nothing
in that behalf. Among the acts cited are
the appointment and confirmation of Brig
ham Young as governor OF the territory OF
Utah in 1850. the legislation of 1862 1892
1887, first to restrict and then to prohibit
entirely plural marriages and polygamous
cohabftation. Then came the Woodruff
manifesto OF 1890. and the minority says
that SO far as the testimony discIoses there
have been few plural marriages since. On
the subject of prosecutions 1t Is stated:
TT was not alone the fact that IL no
further plural marriages were to be con-
tracted polygamy would necessarily in the
course OF time die out and pass away, but
also the fact that Congress having by the
statutes of 1882 and 1881 specifically legiti-
matized the children of those poiygamous
marriages. 1t was inconsistent, IL not I'M
wise and impossible. in the opinion of even
the non-Mormons. to prohibit the father of
such children from living with, supporting
educating and caring for Them but II the
father was thus to live with, support, edu-
cate and care for the children it seemed
harsh and unreasonable to exclude from
the relationship the mothers of the chill
dran"
Policy Of federation.
After quoting testimony of various wit
nesses on the subject of prosecutions the
minority. in concluding. says: 1.-THE condi-
lions In Utah since Reed Smoot became an
official Of the Mormon Church In 1900 have
been such that non-Mormons and Mormons
alike have acquiesced to poiygamous
habitation on The part of those who mar
ried before the manifesto of 1890 an evil
that could best be gotten rid of by simply
tolerating 1t until In the natural course of
events It shall have passed out of exist
ence.