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

position. The whole purport and effect of
the rule seems to be that high church Of,
them to give their. time to their eccle-
siastical duties shall not enter into any
er1Ise. which require them to abandon or
neglect such ecclesiastical duties. without
first obtaining the consent OF the .authori-
Thus construed the rule seems to be
reasonable one; but whether reasonable
or or Hn1easonaSe "a bI tb y does not seen Sc M 70 us
eral Government 10 Interfere with 1t or
punish in any way the members OF tho
church because OF its PRONUNCIATION.
The evidence in the case clearly estab-
fishes that Mr.. Snoot, for some time be-
fore he became a candidate for the Sen
puD DIcan party In the State OF Utah; that
as candidate Tor the Governorshlp OF
the State or the Senate OF the United
States; that when he became candidate
some OF the witnesses. the logical candi-
date for that Office. and that no was
the Legislature, Mormons and non-Mor-
mans, and was opposed by the Democrats
In that body, Mormons and non Mormons
| He says, In his testimony, that before
| formally becoming a candidate he went
to the FIRST presidency OF the church and
obtained the consent OF the Church to his
| AS already intimated " that consent
| had been refused, II meant no more than
| II h' pStttint II SrlhtOT lie lbuSl BiNo op
| hlS apostleship.
There has been no evidence offered
Mendng TO sho% that hat any mser OF the
| to become a candidate for any Office and
| been refused,
The Endowment Oath.
The only other charge made against the
| respondent which. In our opinion. merits
| attention was made In the protest signed
| by John l.. Lcilich. follows:
| Tint tho oath Of ONCE required OF and taken
| by the eaid Rced smoot as an apostle OF the
that ne is thereby disqualified from takins
the oath OF Office required Of a United States
Sonntor, u; 81
tho protest signed by w NJ. Paden and
| II others In the following clause de-
duction from previous statements, rather
| than a specific charge in Itself:
We submit that however formal and regular
mny be Apostle smoot's credentials OF his
STa91Gss Sy VI %"y e sasnsnP ng
| is clear thnt tho obligations of any of1clal
oath which he may subscribe are and OF ncces-
| sity must be 3 threads OF tow compared with
| tho covenants which bind bis intellect, his
VIII. and bis affections. and which hold him
| forever In accord with and subject to the Will
d q; 251 ue"'''' 'l'' 'D"''t'S 1'''s'A'
In the sworn answer made by the re-
spondent to these charges on this subject
he says:
As TO the charge that the respondent is
bound By oath obligation controlling
his duty and his oath a Senator. the re-
spondent Gays that he has never taken any
such cath or In any way assumed any such
and uphold tho Constitution and laws OF tho
United stntes. including the condition in ref.
ereDcs 10 Polygamy upon which the State OF
Utah was admitted into the Union; q; all
During tho examination OF the first
witness called by the protcstaDts. Joseph
| F. Smith, a discussion arose In which
Senator Hoar stated that he understood
that the committee had reached conclu-
sion that there were two Issues In the
| "a VI had
ticed polygnmy. which the Senator under
stood had been abandoned, and that the
only other one was whether or not
offlclal OF the Mormon Church the re-
spondent took an oath or obligation that
was superior in his estimation and In its
requirements upon him TO the oath or
obligation which he must take to qualify
| him as Senator
Thoreupon Senator Dubois stated that
both these contentious were set aside en-
tirely and that II was not contended that
they would be attempted to be proved by
tho attorneys representing the protest
ants. q; 11l) In the course of further
discussion a member of the committee
having stated that he never knew until
Mr. Tayler had stated II that he had
abandoned the Idea OF proving that the
respondent had taken an obligation that
interfered with the obligations OF his
oath. Mr.. Tayler replied:
can not abandon that which 1 never occu-
pied or possessed
Senator Dubois added. He never al
legged IT" q; ll5)
On q subsequent day Senator Bever-
idge. In order, as he stated, TO correct
what he thought was mistake IN the
charges against the respondent which the
committee was considering. said that II
had been charged that the respondent
was a polygamlst which charge had been
withdrawn, and that he had been charged
With taking an oath inconsistent with his
duty a Senator which Senator Bower
idee understood Mr. Tayler to say was
not n charge that had been withdrawn
but was such charge as had never been
A.. gA.N ~ h.
which tho committee would proceed from
that time on, so far as tho protestants
were concerned. wac whether the re
spondent was member of a conspiracy.
Thereupon Senator Dubois again stated
that no charge had been made against
Mr.. smoot OF taking an oath inconsistent
Itch charge. which had been abandoned
and repudiated, and that the attorneys
force the protestants TO issues which
they Themselves have never raised
(Vol. l. p. I55)
This was the state Of the record when
the testimony OF Joseph F, Smith and
several other witnesses had been taken,
and tho examination OF Francis NJ. Ly-
man. ono OF the apostles was progress
ing.
He was asked by the chairman to state
the the endowment house" iris being OBJ
jected to by the counsel for respondent
tho chairman said:
One OF the charges is that Mr.. Smoot has
taken AN oath or obligation incompatible with
his obligation as a Senator. The object OF this
question Is to ascertain from this witness.
who went through the endowment house-ot
course, I know nothing about it-whether any
such obligations Is taken.
Counsel for the respondent having
thereupon stated that they understood
that that charge had been expressly dis
claimed by counsel for the protestants
the chairman replied
Counsel stated that thoy did not propose,
far es they were concerned. to oHes any proof
der8tand that therefore the committee was
prccluded from showing 1t. a. t3e)
A little later In the same session. Mr
Taylcr. counsel for the protestants. again
stated;
II Is in renpect Of those two things around
which all OF this gathers-polysamy and
the direction OF the people by the spostolate
and n those two eliminated this hear
Ing would not be going on here. q: ieo)
After the chairman OF the committee
had ruled as above stated that the wit
ness Lyman was required to answer the