The Birmingham age-herald., 1906-06-12

| forever prohibited
 Upon compliance with this requirement Utah was admitted as a state and the minority adds
 Admitted to Both Houses.
 Accordingly members of the Mormon church. open and avowed believers in its doctrines and teachings, have been sad- mitted without question to both houses of Congress as representatives of the state"
 The minority says there remains but two grounds on which the right or title or Reed Shoot to his seat is contested, and l these 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 make his allegiance to the church paramount to his allegiance to the United l States; and,
 "That by reason of his official relation to the church, as one of its apostles, he is responsible for polygamous cohabita- ton which yet continues among the Nor mons, notwithstanding 1t Is prohibited by 1 law.
 "As to the endowment oath 1t Is suf- i fcient in this summary to say that the l testimony Is collated and analysed and l thereby shown to be limited in amount, vague and indefinite in character and ut 1 terly unreliable because of the disreput- l unIruSIWO1l0y l witnesses.
 "There were but seven witnesses who made any pretense of testifying about any ] such obligations. One of these was shown by the testimony of two uncontradicted 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 l the uncontradicted testimony Of number of witnesses to have had bad reputa- l tion for truth and veracity, and 10 be 1 thoroughly unreliable. A fourth admitted that he had been for years incorporate and was shown by ndisputable testimony to have lost his position on that account, l and that thereupon for that reason to have withdrawn from the church, and to l have assumed such a hostile and revenge l full attitude as to entirely discredt him as l a reliable witness. The other three wit nesses were so indefinite as to their statements that their testimony amount l ed almost to nothing more than an at tempt to state an imperfect and con fessedly uncertain recollection.
 contradicted By smoot.
 "All that 1t is attempted to show as | to the character of this oath is positively contradlcted by Reed Shoot and great number of witnesses whose standing and character and whose reputation for truth and Veracity are unquestioned except h. solar as they creditably may be affected | by the fact that they may be or have been members of the Mormon church.
 Upon this state of evidence we are of the opinion that no ground has been established on which to predicate finding or belief that MT. Shoot ever took any obligation involving hostility to the United States or required to regard his alleg- lance to the Mormon church as paramount to his allegiance and duty to the United States"
 As to whether Senator Shoot, by virtue | of his official relation to the church as one of its apostles has any responsibility for the continuation of polygamous CO., babitation by members of that church, the minority says:
 Tt will be found by examination of the testimony that he has never at any time and particularly he has not since the manifesto of 1890. countenanced or encouraged plural marriages but that on the contrary he has uniformly up- held the policy of the church as an- nounced by the proclamation, by actively advocating and exerting his influence to effect complete discontinuance of such marriages.
 | "As to polygamous cohabtation in con sequence of plural marriages entered into before the manifesto of 1890 there is no testimony to show that he has ever done more than silently acquiese in this offense against law. In view of his important and influential position in the church this l acuuiescence might be regarded as un- excusable if 1t were not for the peculiar circumstances attending the commission | of this offense."
 The minority then shows by recital of historical facts that instead of dis countenancing and prohibiting polygamy, when 1t was first proclaimed and prac- tioed, Congress remained silent and did nothing in that behalf. Among the acts l cited are the appointment and confirma- ton of Brigham Young as governor of the territory of Utah in 1850, the legisla- tion of 1862. 1882 and 1887, first to restrict and then to prohibit entirely plural mar riages and polygamous cohabitation. Then came the woodruff manifesto of 1890 and the minority says that so far as the testimony discloses there have been few plural marriages since.
 The minority in concluding says
 Evil to Be Tolerated.
 "The conditions in Utah since Reed Shoot became an official of the Morrnons in 1900 have been such that non-Mormons and Mormons alike have acquiesced in poygamous cohabitation on the part of those who married before the manifesto of 1890 as an evil that could best be gotten rid of by simply tolerating until in the natural course of events it shall have passed out of existence.
 with this disposition prevailing every where in the state of Utah among all classes-the gentle or non-Mormon pop ulation, as well as among the Mormons, we are of the opinion that there is no just ground for expeling Senator Shoot for finding him disqualified to hold the seat he occupies because of the fact that he in common with all the people of his state has not been in war upon,.