Show Pi v FiIRST H PUBLIC HEARING HEARING F OF SE SENATE ATE NATE i ITTE T V Lf J i Statement S of the Prosecution A as t What Will Be e er r 4 1 tn in the Smoot Cae G Cafe of J if Reply of the D Many Pointed Quess QueS s Asked by M Mom t bers of f Committee I Jor f I Ito T Ppe to f I Washington Wa D C Jan li rat nt I the th trial f which was held today by b the seoMe Ide eo and ld elee elec 4 f was slimly attended by members rs of t tI 0 te oby the c pub pui t 4 lie Jjr The eon members present pre were wre 11 rr d Sena Senators f tors tos Hopkins H Dl l Lu Dub Dubo l and 4 i 4 Overman 4 All An manifested keen interest in thecae theca case e and aDd a t Sana Se tors DH 4 4 and Overman OY ask asked d many questions question of t ator own cen 4 4 sel sd particularly Mr Van Cott during the of f th the hearing heri K The 4 j 4 general trend of these thee questions upon one oe point pI c fend tha practical ad 4 i 4 mission of Attorney Taylor Talor counsel for prote that t th the polygamy 4 I f 4 and secret lle oath charges have been dropped indicating to those t who at 4 I 4 tended the hearing h that the Smoot cie c le will v W to Ota Oe qua 4 j k 4 Hon tion of Qt whether or not Smoot has lies countenanced at ev B e 4 4 L f 4 aged the practice of polygamy or or polygamous cohabitation by th Mor or 4 I 4 mon people or by the first president of the church or any of u the die apostles HI 4 t 4 with whom bom Smoot is associated associate his ts church lee 4 I 4 Senates iii Burrows and Beveridge thi Question upon At 4 4 torney ti Van Cott whether in his bla opinion en oura by o w or polygamy f amy would not prove e his bla di as a i ner of o the tse senate 4 f 4 To their questions Mr ft Van C Cott t replied that if t UI of 4 4 among the apostles or the violate O t e Jaw w nd Smoot Snoot did tIM 4 4 4 not encourage such Buch violation the fact tact that h M te the Ute 4 4 t 4 law tI hoWd l not disqualify him Continuing on oa point nt Van Cott said Mid Id 4 r 4 Smoot not only has not flOt connived d at p iHU hed its 4 i I 4 continuance e He read from the testimony given bore re a O I in 4 4 congress when m was waft investigated Investigate in 1 1818 tL statement by 4 Judge Jot John r W Judd of Tennessee formerly forme y oaf on tt the Utah 4 4 said sald I discovered in talking with young men and women at er r Utah a af 4 I 4 f strong trong f feeling against polygamy and aid recall n c 11 a notable remark by a young 4 4 man named Reed Smoot who said We e cannot and ADd WIll win not DOt stand the e l 4 continuance of ot polygamy it must be te abandoned Although not a witness witless 4 i 4 var Yan Cott was vas asked many questions by mem of Ute the committee c con eon 4 i 4 the allegations that the president of the Morin chure hie hs conn eoin 4 4 r and nd many apostles are practicing nay tn In he said 1 4 4 he could not tell of Ida his own knowledge The inquiry had convinced d him 4 fr frI that the tile presidents are monogamists a the he be behas 4 k I 4 has ben be told toll by some that he was wu living Uvin in l I poJ y and by hy others 4 u 4 that he Is not He Hf himself did not know and Smoot S does d do es not know kno Aa As to 4 1 the thc th apostles he knew that six aix b or seven een were poJ l ts at the time of 4 4 the manifesto If any aD Have been living lhing in polygamy since me that tbt time he 4 4 had no knowledge at of It It 4 4 With Senator Smoot and his hia coun 1 at the was wa former Judge r 4 John W Judd whose statement given glnn in 1 wits by Mr It Van ott f 4 4 4 Attorneys John G Carlisle Cale for tor Protestants and aDd W Y B Borah for re respondent 4 I 1 not 4 fr I J Jan li iTile The senate te W committee on ott privileges s and elec IC elections tiona met today for the th purpose e F of hearing th presentations Pre of the at attorneys on th sides aides of the case ease In Involving olvin the right of Senator Seh en tor lor Reed Smoot of Utah to occupy lila his seat t Former Representative nta the Tayler of or Ohio OhioWa Wa was s heard f far fer r some Ome of the th th protestants protestant and anI T F P for r Ute these who wM are arel representing l p the National Reform as association dation A AS tS S and W Wal Wg 6 demar l lu 4 u 41 Senator S who ho n vs r s also In tn at d attendance The lint Drat presentation was made by Mr ML h Tayler Fayter who ho began Ida hk statement by saying that he be did not know that any proof would be presented in sup supS support up S port ort rt of the charges that Mr Smoot was wasa wasl a l 1 polygamist He H took up the question of the t he right of the senate to expel a member contending ng that the senates enate authority in the matter was wa limited lImit ily by b the question of propriety On this point of or testimony te Mr Tayler said the ho l protestants expected to prove the following charges Proof Win Will Be Offered 1 IThe Thi Mormon Monnon priesthood according to tn the doctrine of the church and the thc belief and practice of or its membership is 1 vested with and assumes e umes to exercise supreme authority in all aU things tempo temporal temporal ral ial and spiritual civil U and political p Ut Th The head of the church hurh claims to re receive receive rea a divine revelations and these thel Am Reed R Smoot by b his covenants and ob oh obligations obligation i Is bound to accept and obey 2 The first presidency n and twelve i apostles of whom Reed R ed Smoot is one onel t l supreme In exercising the authority of the church hur h and in the transmission tran of the authority to their thIr successors Each Kach of them is callec calle prophet seer seera and a nd revelator Polygamy Not Abandoned 3 As shown by their teaching tel thing and by b their own lives this body of men has h s not abandoned belief in polygamy and nd polygamous cohabitation On the contrary ta a as the ruling authorities ot of the church they the promulgate in the most solemn manner the doctrine of or polygamy without reservation n b the president of the Mormon onnon church hurCh and anda a majority of the th twelve apostles apo now practice polygamy and aud polygamous J co en cohabitation coh habitation h and some of them t have hit oe k token taken n polygamous wives since im the man manifesto manIfesto i 1 of iSO 1830 I These things have ha been bf n 1 t done with the knowledge dge and COUnt counte countenance t nance Dance of Reed plural marriage j f I ceremonies have bare been n performed by b ba V 4 apostles a since Ince the manifesto of 1890 ISo j and many bishops and other high officials officials officials of ot the church have taken t ken plural wives since that time AU All of the first presidency and the twelve helve apostles apostle en fn encourage encourage courage countenance conceal and con connive on j i five nive at polygamy and polygamous co lO cohabitation o habitation and ana honor and reward eward by high office and distinguished prefer preferment preferment i ment mont those tb e who moet most persistently and j definitely violate the laws law of the land j Law Nullified I 4 Though pledged d by the compact of ur statehood and bound by the th law 11 of their commonwealth this supreme body I whose voice vule is 18 law to its Ita people and a d I whose bose members rs were individually di directly directly responsible for good faith to the I American people permitted without protest or objection their legislators to I Ipas pass pas a law nullifying the statute against polygamous cohabitation For all these things Reed Smoot is I responsible in law lan and la Is conscience to this body and aM to the American people In connection with the third specification i cation Mr Tayler Taylor gave a list of the tb documents recognIzed recognised by the Mormon I 1 as Inspired In this Oats list he D h did not include the manifesto to of l 1 end ending endIng i ing the t he command to take plural wives i hut but he contended that this manifesto does not prohibit polygamy He also i Jy declared that the doctrines and cove covenants covenants 1 F nants of the th church hurch are still tIIt published S by the church without any ally reference ference e eto to the t hI manifesto Worthingtons Statement In reply Mr Worthington said the f F statements made by Mr Taylor differ I very ery materially from the charges chaJes lade nade ade adeiL i ii ij i iL the formal statements statement and nd he asked tim time in which to make Ipke a reply which I vas 8 granted Mr r Worthington agreed that there thereas I ivas as 1 no DO limit to the power pwet of t toe the sen senat senate fn at ate at to pass pa upon the nullification of or UK ite it 11 member but contended that t ii j t te jurisdiction jara cUon mia te Ia limited He Be lb beD thea te laid j down the gen n that thai the thet I t of of gf offen fen j isay ay hare kave ted t a n member r became a 8 seR sen senator seRa I ator atur a tor unless commuted in connection with nig hI election I Do De you mean asked Senator Pet PetI I to tu a member belT pf of f the committee that I this body Y i Ia a not ot permitted to inquire I as to 19 may any morel moral mor l qualification M as a to one 1 I of its a view new to his ex tt t I i no matter what he did or orI I said uld 14 bore before b torf his hie election the election PUri pu pt purified I ri Jd II I l o dY I jIon n replied that web such ch was It meaning me D arid and he quoted the ac I te la the Roach eases cUe I and the 0 of ox house heuse in the I I Roberts s ease esie ra fc support of this view I In reply to a it question from Senator I I Hopkins 5 to what would be b the ef of erI j I feet if It t th tt should Rould be of a eon con j I I character Mr Worthington 1 I I that the would have i I jurisdiction OD H ifs He also said ald replying to r Bev ott that It was WU not in intended Intended I tended to t admit that his client had been bt en of offense prior plot to his elec else I tIlT tinn senator asked whether there the wad ww any i one present who ap appeared appeared for the l person verson who charges Mr Smoot with wi h being a polygamist t No one one answered JJ and Mr air Worthing Worthington tot ton said td that if any one did cUd appear to I support that charge har e it must most be borne I in mind that Mr Smoot had positively I denied IV It I rio He referred to Mr Smoots answer ar weT forth the circumstances of his bis marriage which Mr Worthing Worthington I ton said is 11 the only marriage m he has hu huI I ever eer contracted c ic The Apostles Oath Oth OthI j I Mr Worthington referred to the charge that Mr Smoot took an oath o th to t t support the tle church in connection with i th his h election In 1 as an apostle i ot of the Mormon church The oath 1 I taken by Mr Smoot as a senator had hadj j b en declared Jareo e he be staid said Incompatible le lewi with wi Ut the lb former oath oat th and continued Mr dr ir It if any one has hu proof that this the oath na of allegiance ne to the United States was wan wa taken with mental reservation Tf wt it it be tie produced If I I that charge be supported said saidI he it Would Vi Mr Smoot of ot I c it t act acting I lug ing a lie Ik and would be a violation n of the compact between ea Utah and the United d State to Utah was as admit admitted admitted I ted into Int the Union U lon as ai a sate aUtte These j charges ct arges he demanded proof j for f H tt can be P shown hown that tM t M Yr tr r Smoot has hu furthered tU a movement to o promote I polygamy contrary to this compact I then we we will say W f CO Mr Smoot ought t L be e expelled Purged cf of Polygamy Mr Worthington read a large larg num number number ber her of court decisions ons leading up to the th abandonment of polygamy and then read from official church hurc tione including the tto of ot ISM decar declaring declaring ing that Uta t polygamy P Should be abolished He a also real read ht t amnesty proclamation of P and declared that n at t only by y that p proclamation but butI l I by y act acts of the people OpIe of ot Utah had been boon absolved from the charge kargl of polygamy by complying with the en enabling enabling abling act admitting the state atte te to the Union Mr Van Cott Ctt made a statement in Smoots behalf He referred to the act of ot the Utah li ULa legislature 1 num nullifying the anti y act and amI he r Tayler ayler had stated that the bill hind bad been heen vetoed by a Mormon Tf J I said Senator Smoot bad had nothing to ilu with the pas pu passage passage sage of that bill and ud should shock not be charged with ith it itHe itHe itHe He invited life fIte re fullest fu t i lq into Senator o We throw down the bar har he ht said and you to Investigate a at his oatt CUr earr CUrIt lf It be he went o Os y yau u find that th t he hit has ha vet ever b bet been rn n guilty et f an n offense against the u law la h hI his cov el will throw up the cam CIUC and Uti walk oat eat t He lie alo alco will wilt throw down dawn Wn the bars as to Mr Snoots s moral character Could Nob op Answer He that Senator Soot Smoot had bad ever an oath oat t was wan as Inconsistent with rood Senator fee asked eel whether it was wa W I true that the apostles apostle take a secret eret fe oath sad and Mr Van Cott ott that not being a Mormon Mor though a resident rt of I Utah tab ht he heed could Od not net reply rt ot of his own know knowledge ledge e It i ia as a s his hla ul that the n J le took no BO oath Senator ator asked ked how it was wa with witti the t he elders o Mr r Van V Cott that hat there ere t obligation n taken in eo D with A the nt cere zt Cot however horer one of ofT T t iiii into lito an argil men t tP Impropriety of nf Jt on OIl Page P ge Two o f FIRST HEARING OF SEriATE SENATE from Pap Page Doe Dna gating gaUnt the relations relation of other JWO connection with the charges against t Sen sed Senator sedat senator ator at or He agreed lie said aCI with Mr Tayler TaleT that the authority of the com corn committee in the matter of at the was wa practically unlimited but in view of or orthe O Oi i the lh tact fact that previous pr s by congress lell I had developed duelo ed the facts with reference to tor r f writer r history of the Che Mormons he be thought the th investigation l should hould be confined confUted to the period since the admission of Utah sI Into the Union Limited Inquiry He thought it improper per to make inquiry as Sm to what practices might have haie been bean engaged in lu As A fur for San Sen Senator ator alor Smoot he denied denial emphatically emphatIc 11 that b h had h d ever encouraged polygamous jOly co cohabitation COhabitation habitation or other crime He contended that if the tb committee should decide t make its investigation general ge eral with ref ret reference reference erenee to the members of oi the Mormon church it should confine itself to polygamy polY famy and not to polygamous cohabitation cohabitation tation for fer the reason Son that it had teen im impossible Impossible possible poUl le as be he believed to entire my stamp Out such cohabitation on tin n the part pan Of or per persons persons perSons sons who had bad entered into pol marriages before President Woodruff manifesto of or 1890 ISSO Senator Burrows Barrows chairmen chairman of the com corn committee asked Mr lr Van Cott Colt specifically concerning the charge that the that denov den and the twelve apostles of the Mor Mormon Mormon mon Thou church chuich were today living JIVIng in the pear pearlice tire lire of or In asking the question ho 1 referred rt to these officialS official as the th gov governing m nning power po of the church m Smoot moot Objected Senator S Smoot himself took exception to the characterisation of the bod body and at Ills ImIs Mr Worthington interrupted Mr Van Cott to say that they the do io not c enl the governing power of the church a Mr Yr Borrows waived the point and Mr Van Cott sale ald that he had no personal perso al knowledge of the ta tR In m the case calle hilt bUt that Chat he lie understood and iv J i to be t |