The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-06-12


of the United States held to he constitu
tlonal and legal. 1t will be observed that
this act disfranchises certain persons
and makes them Ineligible TO any position
or officc OF honor, trust, or prof1ts not Tor
committing the crime OF polyGnmy, nor
for teaching. advising. counseling. or en-
couraging others to commit tho crime
but because OF their membership In an
organization which teaches, advises
counsels and encourages others TO com
NIT the crime Of polygamy. In Wooley V.
Watkins q Idaho Rep, $50, $50, the court
says:
Orders. organizations, and associations by
whatever name they may ha called. which
teach advice. counsel or encourage tho prac-
ticc or commission OF acts forbidden by law
are criminal organizatlons TO become and
continue TO be members OF such organizations
or associations nrc such overt acts OF rccog-
milton and participation as mako them paru-
ceps criminis and as guilty, In contemplation
OF criminal law. though they actually en-
EasoA In turthcrns their unlawful objects
and purposes tSce also Innls V. Bolton,
Idaho Rep, i07 ilI)
1t being fact that the first presidency
and the twelve apostles of the Mormon
church teach, advise, counsel. and cncour-
age the members OF that church to pTac-
tce polyGamy and polygamouS cohabita-
tion. which are contrary 10 both law and
morals. and Mr.. Smoot being member
of that organization. he must fall under
the same condemnation.
And the rulo in civil cases Ia tho same
as that which obtains In the administra-
tion of criminal law. One who Is mem
bcr OF an association OF any nature is
bound by the action of his associates,
whether he fovors or disapproYes OF such
action. He can at any time protect him
self from the consequences of any future
action of his associates by Withdrawing
from the association, but while he re-
mains a member OF the association he is
responsible for whatever his associates
may do.
couraged Polygamy.
But the completely OF Mr.. Smoot in tho
conduct OF the leaders OF tho Mormon
church In encouraging polygamy and po-
lygnmous cohabitation does not consist
wholly In the fact that he is one OF the
governing body of that church. BY re-
stances. Mr., Smoot has. member Of
the quorum OF tho twelve apostles. given
active aid and support to the members
In their defiance of tho laws OF the State
of Utah and of the laws of common de-
cency, and their encouragement OF polyg-
amous practices by both precept and ex-
ample.
1t s shown by tho testimony of Mr.
Smoot himself that he assisted In the ele-
dency. OF the Mormon church. That he
has since repeatedly voted to sustain said
Joseph F. Smith, and that he so voted
after full knowledge that said Joseph F.
tatlon and had asserted his intention to
continue in this course In defiance OF the
laws of God and man. He also assisted In
the selection of Heber j Grant as presl-
dent OF a mission when It was matter
of common notoriety that said Heber j.
Grant was a polygamlst. He voted for
apostle of the Mormon church after tes-
timony had been given in this investiga-
tion showing him to be polygamist It
Is difficult TO perceive how MIR Smoot
could have given greater announcement
to poygamy and polygamous cohabitation
than by thus assisting In conferrlnG one
OF the highest honors and offices In the
Mormon church on one who had been and
was then guilty of these crimes. AS
trustee OF an educational institution he
made no protest against the continuance
In Office OF Benjamin Clun; ~. ~, a ntitH nGteo
ton, nor made any effort to discover the
truth that said Cluff had taken another
plural wife long after the manifesto. Nor
did he make any protest as such trustee.
against the election OF George II. Brim-
hall, another polygamist, In the place of
Benjamin Cluff. Jr,
Since his election as an apostle OF the
Mormon church Mr.. Smoot has been In
tlmately associated with the first presi-
dent and with those Mho-with himself
constitute the council OF the twelve we've
officials were living in polygamous rela-
tions with number OF wives was a mat
ter Of such common knowledge In the
community that 1t is incredible that Mr..
Smoot should not have had sufficient no.
tice of this condition of affairs to at least
have put him on Inquiry. II he did not
know OF these facts, 1t was because he
took pains not to be informed of
them At no time has he uttered a
syllable of protest against the con
ership Of the Mormon church, but, on
the contrary. has sustained them In their
| encouragement of polygamy and polyga-
nous cohabitation, both by his acts las
hereinbefore set forth) and by his silence.
| In the judgment of tho committee Mr.
Smoot is no more entitled to seat In
| the Senate than he would be II he were
associating In polygamous cohabltauon
| with a plurality Of wives
Domination of Leaders Of the Nor
mon Church in Secular Affairs.
careful examination and coneidera
| committee In this investigation leads to
| the conclusion that the allegations In tho
| protest concerning the domination of tho
| leaders OF the Mormon church In seou-
| presidency and twelve apostles of the
| Church of Jesus Christ Of Latter day
over the action Of the members of that
church In secular affairs as we'll as In
| spiritual matters; and that, contrary TO
the principles of the common mon law. under
! the State of Utah, the said first presi-
| dency and twelve apostles OF the Nor
| mon church dominate the affairs of the
| State and constantly interfere In the per-
| formance OF its functions. Tho domina-
| ton by leaders OF the church under their
| claim to exercise divine authority In all
| matters is manifested In general way
| In innumerabe instances.
| The right TO do so is openly claimed by
| those who profess TO speak In behalf OF
| the church AS late as February 25 1904.
one of the twelve apostles. In a public
address. said that from the viewpoint Of
| the gospel there could DO no ,separat ton
| of temporal and spiritual things. and
those who object to church people ad-
| ylsing and taking part In temporal things
| have no true conception OF tho gospel of
| Christ and the mission OF the church"
Tho method by which the first presi-
dency ana twelve apostles OF the Nor
mon church direct all temporal affairs or
the members OF that church under the
claim that such direction is by divine au-
thority. Is by requiring the members OF
the church in all their affairs. both spir-
itual and temporal, and especially the
latter to take counsel" This means
that they are TO be advised by their i'm
mediate superiors. These superiors in
turn take their instructions from those
above them. and 80 on back to the point
whence most. II not all these directions
emanate-that is, the first presidency and
twelve apostles.