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


that
No person who Is a member OF any
order organization, or association which
teaches. advises. counsels. or encourages
person. TO commit the crime OF bigamy.
polygamy, or any other crime defined by
law. either at rite or ceremony OF such
order. organization, association. or other
wise, is permitted 10 vote at any election.
or to hold any position or office OF
honor. trust, or proft within this Terri
tory.
The Supreme Court upheld this pro-
vision as constitutional. 1t will be OBJ
served that this act disfranchises per
sons not for the commission of the
crime of polygamy, but upon the ground
that they belong to an organization
which 'teaches, counsels, and en-
courages others to commit the crime
of -polygamy,"
In the case of Wooley VS. Watkins,
Second Idaho Reports, the court says:
Orders. organizations. and associations
by whatever name they may be called,
which teach, advise, counsel. or en-
courage the practice or commission of
ganizations. To become and continue to
be members of such organizations or as
sociations are such overt acts Of recog-
milton and participation as make them
particeps criminis and as guilty, In con-
temptation or criminal law as though
they actually engaged in furthering their
unlawful objects and purposes.
Hierarchy Polygamists.
1t is established beyond all contro-
versy that majority Of the ruling au-
thorities of the Mormon church is
living in open polygamv, and there
by encouraging the practice of polyg
amy and polygamous cohabitation,
many of them having taken plural wives
since the manifesto, and that the SEN
ator, as member of such organization,
is cognizant Of their crimes and indif-
fercnt to their preparation,
The Senator S omIAicity in encourag-
ing polygamy and polygamous cohabi-
tation does not consist wholly in the
fact that he is one of the governing
body of that church. By repeated acts
he has, as member of the quorum
of the twelve apostles, given active
aid and support to the hierarchy in its
defiance of the statutes of this State
and the laws of common decency, and
in its encouragement of polygamous
practices by both precept and ex-
ample. One of the first acts Of the
Senator after his elevation TO the
apostolate was TO assist, by vote
and influence, in the elevation of Jo-
seph T. Smith to the presidency Of the
Mormon church with full knowledge
that he was living In polygamy.
He has since repeatedly voted to
sustain him, and even after full knowl-
edge that Joseph F. Smith was living
in polygamouS cohabitation and had
asserted his intention TO continue in
i this course in defiance OF the laws
of God and man. He aided in the selec-
tion of. Heber j. Grant as president of
a mission when ii was a matter OF
common notoriety that Apostle Grant
was a polygamist- He voted to fill a
vacancy in the apostolate by the elec-
tion Of Charles w. Penrose, even after
testimony had been given in the in.
vestigation showing him TO be a
polygamist.
1t is difficult to perceive how the
Senator could have given greater en-
couragement TO polygamy and polygam-
Gus cohabitation than by thus as
sisting in comforting one of the highest
honors of the church on one who
had been and was then guilty of
these crimes, AS trustee of an educa.
tional Institution he made no protest
against the, continuance in Office of
Benjamin Cluf. Jr., a noted polygamist,
as president of that institution, nor
did he make any effort to discover the
truth that said Cluff had taken another
plural wife long after the manifesto; /;
nor did he protest as such trustee
against the election Of George H Brim-
hall, another .polygamist, in the place
oi benJaiuln IIuU, IL
No Protest From smoot.
Since his election as an apostle of
the Mormon church the Senator has
been intimately associated with the
first president and with those who, with
himself, constitute the council of
the twelve apostles, and the fact
that many of his apostolic associates
were living in oolygamous relations
with n multiplicity of wives is a mat
ter Of such common knowledge in
the community that it is incredible
that the Senator should be wholly
ignorant OF the fact Yet at no time
has he uttered n syllable of protest
against the conduct of his associates in
the leadership Of the Mormon church,
but, on the contrary, has sustained
them in their encouragement of
both by his acts and by his silence.
In view of the evidence in this case
applicable thereto 7 do not see how the
contention can be successfully main
tained that the Senator is entitled to
a seat IN this chamber Suppose the
Senator instead of having his creden-
tials presented by fellow member had
offered the same in person and said to
the Senate, | desire TO be entirely frank
with this body, and therefore wish TO
state that while | hold the certificate
of election from the Legislature of the
State of Utah in due form, yet the
Senate should know that I am mem
Der of the Utah branch of the Mormon
church and one of self-perpetuating
body of 10 mon, constituting the ruling
authorities Of such church; that ] am
an apostle in such organization; that
while [ am not practicing polyg-
amlst, yet majority of my associates
are and are now living in polygamy;
that, while ] am not n polygamist, the
head of the church is today living IN
polygamy with FIVE women and is the
father of 43 children; that no one high
in authority in the church is permitted
to be n candidate for or accept pub
lie office without permission of the head
of the church; that ] received such
permission from Joseph F. Smith. the
recognized head of tho organization, be
fore becoming a candidate for the Sen
ate, without which permission | could
not have been elected; that the Legis
lature electipg me was composed of a
majority of the adherents of the Nor |
mon church; that the head of the |
church is not only living in polygamy, |
but declares his purpose TO continue
the practice in defiance of all law, di- !
vine or human; that | sustained hlm /
as praSId.nt of the church M every |