The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12
THE sMooT REPORTS,

HE Smut HEFOR D
With the presentation of the major
ity and minority COMMITTEES reports in
the Smoot case to the senate yesteT-
Cay. the matter now comes before that
body with every Indication that final
vote will be had at this session Of con-
gress. Because of the general interest
in the question, the majority report IS
published in full in this issue, and the
main body Of the minority report, with
its conclusions IS likewise given.
Boiled down, the majority declara-
ton that Mr. Suoot * not entitled 10
a seat in the senate as a senator from
the state Of Utah." Is founded on the
allegations that he has taken an oath
which dfsqualifies him. and on the
charge that he is a member Of the apos-
toIic quorum which, the majority report
declares. has counteusnced and en-
couraged poIygauy," and which domi-
mates in political and secular affairs in
defiance Of the constitution Of the Unit
ed States. Aside from these charges.
which the majority declares have been
proved, the report is general in terms.
The specific charge of pOlygamy made
by Leilich is abandoned.
In support of the contention that no
proof of personal vrong-doing is re
uuired. the report cites the law which
holds that a member of an organization
which is violating the Law, with his
knowledge, is equally responsible witH
those who commit the wrong. The cases
of Teasdale. CowIey and Taylor who
took polygamOUs wives after the man.
ifesto are set forth, with the fact that
Smoot as a member Of the same quo
rum was to that extent responsible for
their wrong-doing; and the conclusion
is drawn that the charge is proved that
he had countenanced and encouraged
polygamy-
In conclusion. the majority report
makes no attempt to recommend the
method by which Senator Shoots seat
is to be declared vacant, contenting
itself simply with the declaration that
he is not entitled to his seat
For the minority, a report has been
presented which follows closely the line
adopted by the defense. Practically no
reference is made to the charge Of
church influence in political and civil
affairs. the body of the report being de
voted to an explanation Of the CCndi-
lions existing when statehood was
granted. and the tacit understanding of
Gentiles and Mormons that prosecution
Of those who had contracted poIygam-
Gus marriages before the manifesto
should be abandoned. Considerable
space is devoted to quotations from Ire
testimony of E. 3. Critchlow, one Of
the prOtestants. who said that after
the manifesto of 1890 there was no in
cIinatton on the part OF the prosecuting
officer to push these matters to pre-
vent COhabitation.' thinking it was a
matter that would Immediately die out
that non MormOns generally made no
objection TO it, that they were disposed
TO let things gO;' and that that was
the general feeling from the time OF the
manifesto in 1890 down to very recent
times-pretty nearly up to date, or
practically up to date"
In addition Smoot, it is declared, has
opposed poIygamy consistently.
Stating its conclusion, the minority
says: In other words The conditions
existing in Utah since Reed SnOot be-
came an official of the Mormon church
in 1890 have been such that non-MOr-
mons and Mormons alike have ac-
ouiesced in polygamoUs 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
toIerating it until in the natural course
of events it shall have passed out Of
existence.
with this disposition prevailing
everywhere in the state Of Utah. the
Gentle, or non-MOrmon population as
we'll as among the Mormons-the under
signed are Of the opinion there is no
Just ground for expelling Senator
Smoot or for finding him disqualified
10 hold the seat he occupies becaUse
of the fact that he, in common with
all the people OF his state, has not made
war upon. but has acqTiesced in, a
condition for which he had no original
responsibility. In doing so he has only
conforned to what -Mormons, hos
tile TO his church, as well as Mormons,