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Show UNLAWFUL COHABITATION IS NOT PROHIBITED, SAYS SMOOT, BY THE MANIFESTO WASHINGTON, Jan. 23. As Chairman Chair-man Burrows started to take up another an-other line of Inquiry Senator Bmoot said: "If that la all you desire to ask meoc that subject I want to say that the manifesto as voted on, by the people had no reference to unlawful cohabitation. cohabita-tion. Two years later President Woodruff Wood-ruff interpreted it as prohibiting polygamous po-lygamous cohabitation, and announced that he intended to obey that interpretation, interpre-tation, and at the same time he advised ad-vised to obey it. but the prohibition f unlawful cohabitation has never been presented to the people. It has never been sustained at a conference. There may have been some therefore, who for that reason have not regarded it as binding. After the manifesto was issued is-sued there was a disposition among all classes to tolerate the old conditions as the easiest and quickest way to put a stop to the practice of polygamy. I believe be-lieve the question will be solved by the people of Utah Just as soon as death removes these polygamlsts." "Then you not only failed to reprimand repri-mand 8mltb for his manner of living, but you sustained him In it?" "No, I don't mean that. Mr. Chair-' man.- I sustained him as president of the church." "Have you resigned your position as an apostle of the church?" "I have not." "Have you resigned your membership member-ship In the church?" "I have not." "Do you intend to continue sustain ing Smith in his commission of crimes against the law of the land?" .Senator Smoot again said that be was not sustaining Smith except as president of the church, and that it was not his duty ks an officer of the law or as a cltlsen of Provo to bring action against Smith, a citizen of Salt Lake City. - Senator Smoot stated that some of the Democrats in the Utah Legislature were Mormons, but no Democrats voted for him. - - In answer to a question by Chairman Burrows, Senator Smoot said J. C. Graham, Gra-ham, a polygamlst. was removed as a postmaster because of his polygamy four or five years ago. Senator Bailey referred to Eph Homer, Ho-mer, Republican chairman of the Senator's Sena-tor's home county, and asked the witness wit-ness If he had seen a circular attacking a candidate for Congress, because of his testimony before the Senate committee. Senator Smoot deplored the circular and said he would have prevented Us issuance If be had known of it In advance. ad-vance. Senator Burrows began the afternoon session by asking Senator Smoot If he was at liberty to resign his apostleshlp at any time, to which an affirmative answer was given. He also said he had not seen nor participated in the endowment endow-ment ceremony since It waa administered adminis-tered to him wheq he waa 18 years old. Senator Burrows referred to Senator Smoot's expression of surprise at the. testimony of Presldeift Smith as to the number of children he had had since the manifesto, and asked if be had said anything to President Smith since bis I testimony in regard to the matter. The witness replied' that he bad not. |