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Show MormonChurchWorkinSchools I APOSTLE SMITH I ON THE STAND I Mexico. I Supt. A. C. Nelson of Utah H Schools Testifies About "Religion Clashes." Strange Case of Isaac Birdsall, His Daughter, His Land, and Why He Left Church. IH WASHINGTON, Dec. ID. The Senate 'jH Committee on Privileges and Elections today developed nothing sensational In the Senator Smoot investigation. Inter- H est was- evinced by members of the committee In statements by A. C. Nel-son. Nel-son. Superintendent of Public Instruc- ' tion -for Utah, concornlng the use of school buildings- for the teaching1 of the jH Mormon religion. Apostle John Henry Smith Was on the stand for two hours. Other witnesses were Isaac Blrdsall, a Mormon, who said that his daughter was excommunl- H cated because she would not obey a de- uisiun ol u Disnop s court, wnicn nna ue- H prlved her of a piece of property to which she had the lawful title, and William BaJdcrson, editor of the Boise (Ida.) Statesman, who testified In re-gard re-gard to political affairs in his State. WASHINGTON, Dec. 19. Apostle John Henry Smith of the Mormon IH church was recalled as the first wit- jH ness today in the Senator Smoot ln-vestlgatlon ln-vestlgatlon and was cross-examined by H A. S. Worthlngton, counsel for Mr. Smoot. Apostle Smith said he had 1 known A. E. McDonald (who died dur- jH ing the present year), who was charged by one witness with having performed I a plural mnrnnge -in Mexico. "It had come to the attention of ;H President Lorenzo Snow that McDon- iH aid had been exercising' the right to marry or seal persons ln plural mar-rlatics," mar-rlatics," said the witness. "President jjl Snow instructed mc to call McDonald to account. I went to Mexico, but did not learn that any plural marriages I had been performed. I never have heard j of any president of the church author- ) lzing plural marriages since the man- 1 lfcsto." 1 IJI Denial was made by the witness that ' the Mormon church owned a majority 1 of stock in the sugar manufactories of Idaho. He was examined concerning his par-tlclpat.on par-tlclpat.on in politics in Idaho, and his testimony chiefly was contradiction of the testimony given by Chairman Jack-son Jack-son of the Idaho State committee, who testified Saturday. He denied that ho had said that there had been rcvela-tions rcvela-tions that certain political tickets should be supported. Made Speeches In Idaho. Apostle Smith, however, admitted ta-king ta-king a part in bringing about the repeal of the Territorial test oathu which prac-tically prac-tically excluded Idaho Mormons from BV voting. He said he had made political jHI speeches ln Idaho in 1902, but appealed" to the voters as a citizen and not as a 1 jHBV member of the Mormon church. HBV When Mr. Worthlngton concluded his I cross-examination Senator Dubois 1 asked Apostle Smith If an apostle could ; take a plural wife now and retain his 1 standing. "Unless, perchance, he were handled , by the laws of the country." was the 1 response. BAV "You mean that some Gentile would JHHj have to make complaint?" BVH "No, sir. If submitted to his council I think It would deal with him. I know jBI I would." BVjB Pressed for a more definite answer, the witness mid If the fact of a plural AV marriage should be demonstrated in the ' courts, an apostle contracting such a j HBVJ marriage would loso hia standing. jHAJJ Attornoy Tayler, for the protestanta, examined Apostle Smith concerning his knowledge of the alleged marriage of HAV Apostle Abram Cannon and Lillian ' Hamlin, charged by wiMjcases to have j been performed by President Joseph 1 Smith on the high seas, near Los An- geles, in 1S90. Denied by President Smith. If The witness said he went to Pre3l- j dent Smith and asked if he had per- ' BBS formed such a ceremony, and the reply ; BH was that he had not. He ndmitted that HBB if the president of the church wanted to HHJ perform a ceremony of that kind he HABJ would be at liberty to do so. "But I HABj believed him absolutely," concluded the MftSJ Apostle Smith said he had made ln- ItVflfl qulry as to who performed the cere- ' HH mony, but obtained no Information on ' IH the subject. The witness said he had ( IBVJ eerlous doubts- whether Abram Cannon had married Lillian Hamlin. I "Then what Is the explanation you 1 HAV made to yourself as to the status of iJBVfl your brother apostle and Lillian Ham- !H lin?" he was asked. lie said he had not concerned himself hVA on the mornl question, as Abram Can-non Can-non was dead. "If you knew President Smith had performed a plural marrlago ceremony then what would you do?" "I would go before a grand Jury and give my testimony." "Then your only Interest would be to see that the guilty person was pun-ished? pun-ished? What about tho effect upon the BVJ church?" "Tho church would have to take cars of The witness said he would take no ac-tion ac-tion in such a case unless he saw the MSH ceremony pcrformnu. BVJ Apostle-Smith haid-thcro -jnm-giffiJV ft contention between nicrnber3 of the M church on the subject of the legality of fjf plural marriages, until polygamy was m -prohibited by the church in President m " Woodruff's manifesto. jW Chairman Burrows drew from the m witness some statistics relating to the M church, but no register of the total W membership, u In regard to colonisation Apostle S Smith said there Is a large settlement Of in Mexico, and that one-third of the HI population of Idaho and one-fourth of Si the population of "Wyoming are Mor-Ji Mor-Ji mons. Other States and Territories having large settlements are Nevada, 15 California, Arizona, Colorado and New m York, while Iowa .has a large settlement of the Reorganized Church of Latter-fl Latter-fl day Saints, which drew away from the If other church because it did not believe H in polygamy. I Apostle Smith said that the suspen- H sion of the. practice of ioiygamy was H the result of a revelation, and that it U would take another revelation to put It I "Then the president of the church N might put polygamy In practice by rein re-in ' ceiving a revelation?" I . "Not unless the people should receive B ' It. Nothing is forced on the Mormon I people," he replied. H Isaac ' Birdsall, formerly a Mormon, I now living at Elslnore, Utah, wis ex-i ex-i umlned concerning a civil trial in a land I; case in which he and his daughter were I defendants. The case was heard in the J bishop's court of Monroe ward in Utah. J where Birdsall and his daughter were i charged with un-Christlanllke conduct. J , James '13. Leavitt brought the action to obtain possession of sixty acres of land f which he Is alleged to have purchased J from the Blrdsalls, but to which he did not have title. Mr. Birdsall' lost the case, and It was decldetl against him also In the high council, the next hlghor church court, and appeal was refused by the officers of the first presidency, the highest church court-Before court-Before an appeal to the first presidency presi-dency was attempted, the witness said his daughter was riven notice to carry out the verdict of the church courts or , the first presidency would take action by cutting her off from the church. Records In the case were Introduced showing that Cora Birdsall, the daughter, daugh-ter, was excommunicated in June. 1903. Mr. Birdsall said that the decision so . wore on his daughter that she neither 1 ate nor slept, and appeared to lose her I Her condition was brought to the at- ' tention of the president of the stake, j and her parents were told that their daughter would be tormented and led by evil spirits until she complied with uB mm -tlie decision of the church in regard to jflj HQ the land, in which event rcbaptism In 'KM n as Pron1ised her. UBiHI Later she was rebaplizcd In the Dfl III church and then made the deed, con-On con-On 'Ml vcylng ihc land to Leavitt. Nil . The witness said his daughter sent M il word to -him by her mother that she jjfl HI had been forced to deed away the H MB Property in question. HIM . Left the Church. M H At the afternoon session Mr. Birdsall UK JM tias cross-examined. He said lie severed H Off Ills connection with the Mormon church M jam at the Umo his daughter was offered ro- HD Wt baptism If she would convey her proper- flfl B ytt0 Lcav'tt' m,t could not give the HI Hi William Bundgc of Paris. Ida., was re- HD .HI called by counsel for Mr. Smoot. He said RH 'II that as a bishop of tho Mormon church DJ SV ho has not cnlertaincd n. case involving MB the title of land, for the reason that HI flf presidents of the church have given In- H fi structions that bishops and presidents HU m of stakes could not hear such cases. Hi m Apostle Smith was recalled and oucs- H Honed by Chairman Burrows concerning f K the immigration from foreign countries. BI Ho had testified that from one-third to H H on-hnlf of the converts to the church J I camo from Europe. The emigrants, he W HJ sold, are usually placed in chnrgo of an H M experienced man and brought over on flj Bh steamships with which the foreign mls- Hj Urn sicmnrles do business. There arc about I'M four sailings a year, he said I :H When Penrose "Was Elected. I H To Jlr- Ta',cr he sa,d he was present III ar the meetlnjr at which Mr. Penrose H'flUl was olocled an apostle Tho fact thnt Hfln Ir- Penrose was a polygamlst was not M ilul mentioned or thought of. and ho added: H H "That question does not enter Into the I BH election It Is settled in our own coun- III try that the peoplo must obey tho laws H HI 01 tno Innd." I "D? you?" said f Mr. Taylor. Hll "But you "have not succeeded very H al well?" asked Chairman Burrows. BH HI "Well, not so far." H ml Auosllc Smith was then discharged, and n :U William Baldcrson, editor of the Boise, H Of. Ida., Statesman, and formerly connected HI ;H with the Salt Lake Times, testified in re- BJ Ol gard to political conditions In Utah about HI the time of the issuanco of the "Woodruff I in manifesto, and in Idaho after 1S91. RJ H Asked concerning the passage of a reso-H reso-H M lution calling a constitutional convention, B 1H which was believed by Gentiles to be for J III 'he purpose of repealing the Idaho test. Hi n lic sa'd 'hat during the session of the mmW Legislature. Apostlo Smith asked him if H HI 110 thought the time had come when an pi M amendment could be made to the Constl-flj Constl-flj Hj tutlon to eliminate that portion "so dls-m dls-m Mi tasteful to his people." Shortly afterward Oj jnf the resolution was passed by House and H Senate without comment Hj ffl Polygamists Increased. B III The witness said that polygamists llv- M II 'nfT 'n Idaho Imvo Increased, despite H H tne act lliat thero have been few plural D K marriages within the Stntc. He said that H D up to the late campaign both political II M parties in Idaho were dlsuoscd to go to H BJ Salt Lake to ,rget a straight tip" as to H IR which would get the Mormon support. B III Mr. Tayler asked If they got this tip, and ) M1 received the response, "Yes. but they H never knew whether it was strnlKht." H'Hi It was brought out by Mr. Tayler that uIH tho-Idaho Attorney-General is reputed to fl 'll navo taken a plural wife within tho last H I'M two or nrco years. B W A. C. NelBon of Salt Lake. State M M Superintendent of Public Instruction and II 91 a Mormon, was sworn. He is now making II 91 an Investigation of the extent In which I SI rpllglon classes are maintained in the I H fichooln. Answers have been received, ho I Ml nald, from all tho county superintendents I III exceDt three. Classes are held in about B HI 950 buildings. These classes arc asscmblod I HI after the adjournment of the regular I JO pClJ01 day wll,cn varies from 2;30 to 5 U i U Letter to' Superintendents. Rill -Mr- No'son read a letter which he had H Hi Fcnt to a11 school superintendents, calling HitU attention to a statute prohibiting scc- H HI tarlan teachings In tho public schools. H H So rar nc nad information, Mr. Nol- K SM son said that the school teachers usually IfiM taught tho religion classes. Km On cross-examination Mr. Nelson was H HI asked If Senator Smoot had been at mcet- H'N lnBS "5vnero matters rolatlng to rollKlon H Hj classes had been discussed, "Well" H Oil answered tho witness, "I romombor mcet- H HI ,nue Senator Smoot and tolling him I was I) U nnou,t to begin my Invcstlgullbn. and that W W I believed the use of the school buildings M B for rellprlous purposes was contrary to 0 1 hear it"3'' h SaJ(l! 'Good: 1 am s,ad t0 R 1 "Is that intended to be Senator Smoot's H ft TnAicr " th witnoss 3tQn(1?" asked Mr. ElT I i "It..,s, Y011. cl?0UKh in an Investigation H m whjcli he is the subject to have Senator Rn. 0 Smoot s namo mentioned at least once a Wi I wcok," resjwnded Mr. "Worthlngton. mm row' VcnrlnS was adjourned yntll tomor- |