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Show WISHED TO HEAR SMOOT. ' IH Large Audience in Attendance Upon the Senatorial Inquiry. WASHINGTON, Jan. 2L Attracted IH by tho announcement that Senator M Smoot would today continue his tesll- fl mony before the Senato Committee on Privileges and Elections, which Is in- fl vestlgatlng tho protests against the Senator's retaining his seat, a crowd IH gathered early today. Several members IH of the committee who had not been at-tending at-tending tho hearlnsr regularly were present. HJ Senator Smoot was still suffering HJ from tho attack of indigestion which was responsible for an early adjourn- mcnt yesterday. : The Senator took the witness stand at 10:30 and before proceeding ho made mM a correction in hie testimony concern- SHI lng trials of apostles, He eald the quo- 91 rum of apostles has the right to depose JbHJ one of its members and the twelve ml apostles is the only quorum that has Bl that right. Several other minor correc- HA tlons Were made. In carrying out the 11 decisions of the quorum the Senator HJ said he docs not understand that the HJ minority must Join with the majority. WJ duff's Plural Marriage. fl The llrst time ho heard of the plural HS marriage of Benjamin Cluff, president HJ of tho Brigham Young university, said HJ the Senator, was in 1902, when ho was HJ told by Jesse Knight. Tho Senator bHI said he had heard from Mr. Knight that UH Cluft'a new plural wife was the daugh- ter of George Reynolds. Except for tho HJ Investigation of tho subject, looking to HJ tho dropping of Cluff from the unlver- HJ slty presidency, Tvhlch was explained fll at the hearing yesterday, the Senator IH said he had made no further Inquiry. SIH1 Ho said Cluff was removed a year ilHI later and was succeeded by Georgo Brlmhall, who. the Senator admitted, I HI was then living with a plural wife. Ho mM said he was not present, but would IH have voted for Brlmhall If he had been at the moetlnc. IIHsl MTou conuldpr the position of presl- iHJ dent of the university purely eccleslas- fl tical then?" asked Mr. Tayler. HJ "I think it Is." HH "Then tho rule laid down by you, HJ which would have controlled your vote 11 for Apostle Penrose, a polygamlst, would apply to the election of Brim- HI Some Thing as to Penrose. "I think the same rule would apply. H I do not think I would vote for him for a Federal ofllee. There are some polyg- amlsts I would not vote for, and some HJ that I would. I would voto for a man fll llko Brlmhall for a State ofllee." an- UH swered the Senator. HH The distinction ho made wasr that Brlmhall had taken no plural wives HJ since the manifesto, but was living HJ with a plural wife for the reason that Hj his lawful wife was in an insane asy- HJ him. Il Ho admitted first that he believed HJ Mr. Brlmhall was violating tho Bplrlt HH of tho law and pressed by Chairman Burrows said that Brlmhall was also Hj violating the "letter of the law." How- IHH ever, the condition of the llrst wife was Usl an extenuating circumstance. HH "What," again asked Chairman Bur- HJ rows, "do you think It is an oxtenuat-lng oxtenuat-lng clrcumetance for a man to marry another, .woman und have -chUdraa by. HH QhI HHHHHHHHHH I 'I her because his legal -wife la In tin ln- ' cane asylum?" H Hardly Extenuating. K "No, I hardly think that." 1 "Have you any doubt about It? Do i, , you think It was an extenuating cir- j '( cumstancc because the first wife was K it insane?" . 'Torhapa I could nut It as broad as that. I think It would he," , Attorney Van Cott Interjected that a .1 I man could not get a divorce In Utah r because his wife was Insane. Senator Knox took up the query here. Hi "Do you nay this would be an cxten- W. uatlng circumstance In all cases of a H' polygamlat, or only In cases -before the Hl manifesto?" ' "Only before the manifesto. For a H, ' man to marry a wife In that way since the manifesto would be polygamy," Hj , Mr. Smoot said he knew Mr. BrlmhaU 1 v when he was a truateo of the State Hj asylum board. He was of the opinion I, that the first Mrs. BrlmhaU had two 1 children. Mr. Taylor read from a blo- , graphical sketch to &how that Brlmhall M. bad six children The witness was un- H'! der the. Impression that Brlmhall. did , i not marry his second wife until after his nrst wife was 3ent to the asylum, 1 buc the blograp'hy seenicd to dispute ' the statcmenL The Inquiry on this j J subject was not brought to a definite ' conclusion. j -Voted to Sustain Smith. - ' The elevation of Joseph F. Smith to the presidency of the church was then brought up by Mr Tayler and the wlt-, wlt-, ncss said he voted to sustain him, and 1 had so voted at other conferences to sustain Smith as president. "Do you believe the church still rc-ceives rc-ceives revelations from God 7V asked Senator Overman. "I believe the church can receive rcv-Hj rcv-Hj , elatlons," H "Who receives them?" H! k "I believe any good man can con- H, celve revelations, but President Smith H Is the only man who can receive reve- latlons that would be binding upon tho Hj people." "Do you believe that any revelation - which might be given could be superior ; to tho laws of the land?" asked Senator Overman. H "I do not believe It -would be superior to the laws of the land." ! )r "Then if you got a revelation from H; heaven yourself, would you have to obey It?" j i "I believe if it was from God it would be compulsory upon me to obey It, But H'i ' If it was contrary to the laws of the ' country In which I lived I would move ' to some other country, where I could j I obey the laws." Hj "Do you bclievo that revelations are ever given 7" i "Well, I have heard men testify so, t but I could not say." "What Is your belief ?" "I believe that God could do bucIi things. Ho did It In former days and could do It now." Never Lived Up To. Explaining- further tho extent to which revelations woro lived up to, Senator Smoot said he remembered a revelation i being received for tho establishment ' of the "United Order" and that Brigham Young, following out tho Instructions of that revelation, went from one end of the Stnto to tho other preaching tho cu-tabllshment cu-tabllshment of that order. "And I know," ho concluded, "that It was never ut-1 ut-1 tempted nor lived up to by the people and today Is virtually a dead letter." HL '! Senator Dubois asked: "Do you mean to say that if a revela- I tlon was received by the president of the church and submitted to the church that a member could disregard that and , maintain his fellowship and standing lrf 1 the church?" "Oh, yes, I understand so." 1 Continuing, Senator Smoot referred to Hj" the law of tithing-, He knew there '' were many members of the church who 1 ' I disregarded It, although it was 'p. law j of the church. I Senator Dubois followed up his ques- Hltj 'tionlnc. "Then, as an apostle, you could go out i ' among your people and take that posl- 1 j tlon and the people could refuse to obey H' also and still retain their standing?" 1 "I would not want to go as far as I , i Infer your question leads. I would not , want to say that a man could go from i one end of tho church to the other and T make a, special point of preaching- itj against certain doctrines of the church V and be m full fellowship. I think that ' j would be not only non-belief In it, but 1 1 1 open rebellion, and through that he J , would be out of harmony." I ' Never Preached Polygamy. ( Senator Smoot said he was sent on a mission to England In 1SS0. Ho said ho ! aid not preach polygamy there, nor had ,. ho ever dono so In his life, I Chairman Burrowa naked what -would 5 j Bailed V d0n iC polysamy nad heon as ! ' The witness said It had not been as- oalled to him. but if it had been ho would ij' nave referred tho people to the bible and i told them if the blblo does not permit , It. then It should not be practiced, i In answer to questions by Senator Bov- 't , eridge, ho said that If tho law of tho U church and the law of tho land Bhould l' I cn'c Into conflict, then tho law of the Hi ! land Is binding. Ho doclared that If a 1 revelation was In conlllct with the law 1 of the Und It would bo ii nullity, so far , as tho pconlo were concerned Ij Senator Dubois asked the witness if he X ( should rofusp to obey a revelation of tho , ' church whether ho would bo ablo to hold w "Is apostleshlp. The witness thought ho t! would retain the apostleshlp. but that ho , might .bo regarded as dorellct in his duty. Hji '',1 Preo Agent to Act. Hj;1'1. ' "A I understand a former answer by ' i ( i you. it Is fundamentally and primarily a l I-rt,J)f you.r 4lTcl,?,0n Xi a revelation I should como to tho church that command- K' ' cd you to disobey tho lawB of tho land HB you would have to obey It?" asked Sen- ator Knox, ; I . Tlio Senator responded that he would l i be a rrco agent to accept or roject It but Jl , " that If God spoke to him personally ho W ) would leave the country and go to soma place where tho law of God was not in J ' conflict with tho law of tho country By "But if this revelation also commanded r you to remain in this country?" asked i Senator Overman. ca ; 1 j "I don't think tho God I worship is ouch M a God. It Is not a supposablo case," !k responded Senator Smoot. k ; Mr.TaylePr!le3th00d d yU hoM7" a3ked Hfi J "Tho Melchlaedcch priesthood." an- IP n,rc.d, ??lor ?moot, and continuing. M. I said that that priesthood was tho hUh- il .1 cat any person could hold, and that he understood that Christ hold tho samo m Purieatl!00dL Thore uro two prlcathooda In l ' tho church, tho Melchlzedech and tho P. , Aaronlc. " HM i Mr. Taylor brought out from tho wit- f ncss that In addition to thn presldoncy of 1 the Provo Woolen mills, ho holds dlrcct- li orshlp.i In. a largo number of Important j i ( business Interests In Salt Lake, uria,u Hl - ! : As to Church Coui-ts. i' m tl An interesting statement was mado bv ) h I senator Smoot concerning tho church l i , i courtfl. In connection with the trial nr , tho Blrdsall-Lcavltt land cases, which H I i has been mentioned prominently by hov- I ,!l I cral witnesses, he said ho understood that 'A1 , ( Icavltt was not a member of tho church , I only mentioned that to show how l, far wrong the testimony has gone In , 1 matters of this kind. Tho church does If 1 not usually take up such cases. In this Hi i i matter, the action was inadvcrtontlv I taken, I think." Ho could give no oxplo- , i I nation of tho action of the church In that l ' j mattor. H.t )' 1 "What kind of caeca do tho chureh j ' courts trj'?" asked Mr. Tayler. i( ) "Tlioso Involving Infraction of moral , i 'j ; law, as affecting tho standing of members l of the church." 1 J 1 , Senator Smoot tcDtlfled that it was l'1 j' known that Joseph M. Tanner was a 1 1 1 I irolygamlst at the time ho was appointed I' I aa goncral superintendent of Sunday. 1 1 1 school work. ;fl j 1 Mr. Tayler called attention to a pamph- J let Issued by tho general supenntendency of rollglon class work, In which lectures are outlined to be given on tho lives of tho past and present leaders of tho church. Didn't Know About It. Sonator Smoot said ho did not bellevo that a point was mado of tho fact that many of theso leaders wero living polygamous polyg-amous lives, when theso lessons wero given to tho classes. Ho had no doflnlto Information concerning tho character of tho teaching. "Do you know," nsked Mr. Tayler, "how long ago It was first proclaimed and testified tes-tified to that polygamy was dead?" "I do not." "Is It not nearly twenty years?" "I could not say." "Was It not claimed at one time that no marriages or only ono or two had actually occurred aftor 18S5?" "I think It was later than that, for twenty years ago people wero sent to tho penitentiary fpr polygamy and unlawful cohabitation " Adjourned until Monday. |