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

Character Irrcproachablc.
Aside from his connection with me
Mormon Church. 40 far as his private
character is concerned % rs according
10 all the witnesses. irreproachable, zoe
all who testify on the subject agree or
conce1e that hc has led and Is leading
on upright NE, entirely free from im-
moral practises Of every kind. He Is
not a polygamist has never had but
one wife. and has been noted from early
manhood for his opposition 10 plural
marriages. and probably did as much
as any other member of the Mormon
Church 20 bring about the prohibition
Of further plural marriages.
Has Right'to ms Beliefs. 4
So far az mere belief and member
ship On the Mormon Church are con-
cerned, he is fully within his rights and
privileges undet The guaranty OF Ie-
lligi0us freedom given by the Constiiu-
'tion OF the United States. FOR there Is
no statutory provision and could not
be. prohibiting either such belief 0r
such membership.
Moreover having special reference to
the MormOns residing Ia Utah and
their peculiar belief it was provided
in the act Of Congress, passed July JIG.
lsgi that the people OF Utah SHOULD
provide IN their constitution by urd-
nance irreyocable without the consent
Of the United States and The people u
said states.
Il. That perfect liberation Of reN-
glOus sentiment shall be secured. and
that no inhabltant OF said state shall
ever be nolcsted in person or property
on account OF his or her mode OF re.
ligious worship. Provided. that polyg-
amous or plural marriages are forever
prohibited"
In consequence there was embodied in
the constitution Of the State Of Utah /
"a compliance with this requirement. |
and thereupOn the territory was duly |
admitted az a state Of the Union.
Accordingly. members Of the Mormon |
Church, open and avowed believers On |
SIS doctrines and teachings. have been |
admitted without question 10 both |
houss Of Congress as representatives |
OF the state.
Grounds OF Contest.
There remain but two grounds on |
which the right or title Of Reed Sm1ot |
20 his seat IN the senate is contested, |
They are
L. That he Is shown to have taken |
what Is spoken Of IN the record as he |
endowment OATH hy which he obi |
gated himself % make his allegiance %
the Church paramount Of his allegl.
ance TO the United States, and
o That by reason OF his official rela-
ton % the Church, az one Il lie apos-
Ties. he rs responsible for polygamous |
cohabitation which yet continues |
among the Mormons. Notwithstanding |
It II prohibited by law.
As 10 the endowment OATH IL IL |
sufficient IN this summary TO say tha, |
The testimony Is collated and analysed |
in the annexed statement. and there |
by shown 10 be Limited Ia amount. |
vague and Indefinite in character. AMI |
utterly unreliable. because of the dis |
reputable and ENTHUSIASTICALLY charac- |
Ter OF tho witnesses.
Unreliable Witnesses.
There were but seven witnesses who |
made any pretense OF tostifying about |
any such obligation. one OF these WAS |
shown by the testimony Of two uncou- |
tradicted witnesses 90 be- mentally un- /
found. Another 20 have committed /
perjury in the testimony given before /
the committee on another point The |
third was shown by tho uncontradictet |
testimony Of "a number of witnesses o. |
have bad reputation for truth and 1
Neracity, and TO be- thoroughly unreii- /
able. A fourth admitted that he had |
been for years 'ntempeatc and was /
rhown by ndisputsblo testimony 20 |
have lost his position on that account /
and thereupon and Tor that reason 90 |
have withdrawn from the Church and |
20 have assumed such hostile and |
reyengeful attitude az 10 entirely lis /
credit him as ~ reliable witness The /
other three witnesses we're 50 indefinite /
a. to their statements that their testi- /
mony amounted al most 90 nothing /
more than an attempt 90 state an im-
perfect and confessedly uncertain 90.
collection,
Contradicicd 10y senator.
An that 80 Is attempted % show rs
g. the character of this oath is posi- |
lively contradictcd hy Reed smoot ana
great number NJ witnesses whose
s,Anding and character and whose rep
utation for truth and yeracity are W.
questioned. except only in so far ae
their credibllIty may be- affected W
The fact that they are or have heca
members OF the Mormon Church.
lNN HUlN HIMNF NN NNNIf'INE y N AIN
az opinion that no ground has been es.
tahlished on which 10 predicate dni-
ing or belief that SIR. Smoot ever took
any obligation involving hostility TO
the United States. or requiring him 90
regard his allegiance % the Mormon
Church ~ paramount 20 his allegiance
and duty 10 the United States.
IIis Responsibility
The only remaining question Is
whether or 00t hy virtue of his official
relation 90 ihe Church aF ono ~ its |,
apostles De has any responsibility Tor
the continuation Of pnlyEamous co-
fabtntion by member NJ that church
Tho testimony on This point - also
carefully co'lltcd and anabTed in the
annexed statement
10 viii be found hy an examination
~ that testimony that he has never an
hny time. and particularly he has not
since tho manifesto of 1890. counten-
nnced or encouraged plural marriages,
but that on the contrary be has uni
formly upheld the policy 81 the
church, as announced by that pro-
clamation by actively advocating and /
eNerting his Influence 90 effect a COM
Ilcte discoutinuarCc ~ such mar
riagcs. and that bon the Few instances
established hy the testimony where
plural marriages and polygam0us CO..
habiiauon. as "a result ~ them. have
occurred since 1899 they have been
without any encouragement. counter
Ance. or approval whatever on his uart
As 20 polyFamous cohahitation in .
consequence ~ plural marriages enc
tered into before the manifesto ~ 1899.
there is no testimony 20 show that he
has ever done more than silently ac-
euiesce in this onsnsc against law. In
view OF his important and influential
position IN the Church this acquies-
renee might be regarded az inencus-
able " II were not Tor the peculiar cir
rumstances attending the co,,-,ir.
pion ~ this oifense.