Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-16

~ MI answer for anybody else |
Name 10 believe as ! did before.
tvoI lip l0h)
,,s one Of the twelve apostles has
a..,srsd The fact TO be that "the mani
80 is only a trick 10 beat the devil
a., me own game Further than this,
q ls conceded by all that this manlfes-
+, vas Intended 20 prohibit polygsmous
,,habtsuon as strongly as It prohibit
"a ibe s0lemnizatiOn OF plural mar
rsres In the case ~ polygamous
,ofahifation. the manifesto has been
vhoIy disregarded by the members
~ the Mormon Church II is hardly
reasonable 10 expect that the members
u that Church would have any greater
regard Tor the prohibition of plural
marriages.
one LAYING In Polygamous Cohabita.
ton Is In Law Polygamist.
The members Of the first presidency
and twelve apostles OF the Mormon
Church claim that there is a distinc-
ton between what they term polygamy
that Is. the contracting Of plural
msTiages-and polygamous cohabita
ton with plural wives. But under the
circumstances this distinction Is little
short OF ridiculous As is demonstrate
"a by the testimony, the so-called
manifesto was aimed at polygamous
cohabitation, as well as against the
taking OF plural wives, and II is the
yeriest sophistry 10 contend that open
.r.mf.rtArfa nAhu Itf a sfsKs
wives Is less offensive 10 public morals
than the taking Of additional wives. IN
deed, IL is the testimony Of some Of
those who reside In communities that
are cursed By the evils OF polygamy
that polygamOus cohabithtion is fullyas
offensive to the sense Of decency Of the
Inhabitants OF those communities as
would be the taking OF plural wives.
And this excuse OF the Mormon Lead
eS Is as baseless IN law as Il is IN
utfals, In the case Of Murphy VS..
ramsay. decided by the supreme court
q lhe United States and reported in
ne United States Supreme Court Re-
ioTs volume ia, page Is. It was de-
cIitd that any man is a polygamist who
maintains the relation OF husband to
a plurality Of wives, even though in
fact be may cohablt with only one. The
c0uf, further held In tho same case that
aman occupying this relation TO two or
more women can only cease to be a po-
ygamis, when he has finally and fully
dissolved the relation Of husband to
several wives. In other words, there is
and can DO no practical difference IN
Jaw OF In morals between the offense
~ taking plural wives and the offense
Of poiygamOus cohabltation. The same
doctrine r. affirmed In the case Of Can
non vs. United States 0l6 u. 5. Su-
prsme Court Reports D. so.
MIR. smoot Responsible for the Con.
duct of The Organization TO Which
He Belongs.
II Is urged IN behalf OF Mr.. smoo,
that. cOnceiing Il TO DO true that the
tr, president and some Of the apostles
aye living IN polygamy and that some
q TIE leaders OF the Mormon Church
encourage polygamous praotises, Mr.,
smooi himself IS not polygamist. does
Do, practise polygamy, and that there
Us no evidence that he has personally
and individually encouraged the prsc.
VS. OF polygamy by members Of the
Mormon church. and that he ought not
70 % condemned because OF the acts
on ms associates. This position Is
"h'Hy unienahle Mr.. smo0t Is an In.
sepaTahle part Of the governing body
or me Mormon Church-the first prcsi-
aehcy ana twelve apostles-and thos,
wac compose that Organization form a
uhlI an entirety and whatever is done
~ 'N4' Organization ia the act OF each
eAI every member thereof, and what
eI Pllcy is adopted and pursued by
w olly which controls the Mormon
NhlIch Mr.. Smoot must be held 10 be
responsible FOR as a member Of tbat
oe-y, Ilat one may be legally, as well
a. morally, responsible for unlawful
"c's winch he does not himself commit
is rule OF law too elementary 10 re-
cure discussion, What one does by
.'',h ne does by himself isa maxim.
~ 'il as the common law. And as the
lisi PRESIDENCY and twelve apostles OF
'"r Mormon Church have authority
over me spiritual affairs Of the mem.
htif OF hat Church, II follows that
sleh governing body OF said Church has
tlui ieme authority over the members OF
..at lhurch In respect TO the practise
.' poygamy and polygamous cohabita-
Dr. England In former years. and UNI
me canon law, matters Of mar.
.4sa divorce. and legitimacy were un-
uei ,Ae Jurisdiction Of the ecclesiastical
courts OF the kingdom. In which the
lshmeut was In the nature Of a splr-
''Ial penalty for the good OF the soul
q TIE offender, this penalty IN many
9ses being that OF Accommodation @,
expulsion from the church. Il Black
zones Commentaries. 49,; Black
.ones Commentaries. 90, Black
ones Commentaries. ib3 and note;
...}nolds vs.. United States. - 4. s.,
81 lsi-lebl And In later years. while
.e civil law now prohibits and pun
mes oigamy. the authorities Of every
hiistian church in this country take
enhance OF matrimonial AFFAIRS and
~ inc authority OF the church In spr-
,aal matters prevent and punish BY
ensure or expulsion any infraction OF
ne rules Of the church regarding mar
.age
ne testimony taken upon this inyes-
isatlon shows beyond controversy that
he authority Of the FIRST presidency and
ne Twelve apostles % the Mormon
.sreh over the members % said
AuTeh Is such that were the said first
Y tsidtncy and twelve apostles to pro-
lOt me practise of polygamy and pO-
FAMOUS cOhahitarinn by ifs u,efobers
'n9 abandon the practise themselves
lna ekpel from the Church all who
nuuia Persist In the practise, those Of
en- shses would Instantly cease IN that
.huteh. Ana the fact that not a single
MEMBER OF the Mormon Church has
lei fallen into dlsfayor on account ~