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Show - SMOOrS TESTIMONY IN SEN ATORSHIP INQUIRY Senator Reed Smoot was on the witness fjand before the Senate Committee on Privileges and Elections &U day Friday, and at 4:30 his counsel asked that the sitting sit-ting b adjourned for the day. Continuation Continua-tion of his testimony after the close of The Telegram's report is below. Concerning a meeting held immediately immedi-ately before the October conference Senator Smoot said that he had not been informed that the name of Charles W. Penrose was to be presented by President Smith to fill the position of apostle made vacant by the death of Abram O. Woodruff. The Senator waa asked if he objected to the election of Mr. Penrose. "I did not object to Mr. Penrose. At that time I thought he had only one wife, but I do not want to hide behind that." the Senator continued hastily, "tor I take the position that when a man has married before the manifesto he can accept a fmrely church position. He has not violated viol-ated a law of the church and for a purely ecclesiastical position I hold that he la eligible. But I don't think that a man in that status would hold a Government position either electlv or appointive. Neither do I feel that there is a man in Utah who thinks a polygamlst wlio continues con-tinues to violate the laws of the land should hold such a place. To the best of my knowledge there is not a Federal office in Utah filled by a polygamlst. I know that the postmaster was removed on that ground and there has been other casea of tha,t kind." "Have you referred to the President the appointment of a polygamlst to a Federal office?" asked Mr. Worthington. "No, sir. and I do not Intend to." replied re-plied the Senator. ' Further Inquiry " was made by Mr. Worthington as to the Investigation under way in the cases of Apostles Cowley and Taylor and the witness said: "If it should be found that these apostles apos-tles or any other officers of the church have taken plural wives since the manifesto mani-festo or have solemnized plural marriages Sot others since the manifesto I will not vote to sustain them." In answer to another question by Mr. Worthington. Senator Smoot said that he bad never advised or countenanced any man or woman to live in polygamy. At the afternoon session Mr. Worthington Worthing-ton resumed the direct examination of Senator Smoot. He called attention to a discourse by President Smith at Ogden. which Mrs. Bathsheba Smith, one of President Smith's wife, attended. Relative Rela-tive to President Smith's remarks. Senator Sen-ator Smoot said the president declared the endowments were promulgated by Joseph Jo-seph Smith, and not by Brlgham Young, as had been stated in Utah. Continuing the Senator said: "As I understand h's remarks, he wished the people to understand that the endowments were instituted by Joseph Smith. Instead of by Brlgham Young. And also that polygamy itself was a revelation reve-lation received by Joseph Smith, and had been practiced during his life. He also wished it understood that he was not advocating ad-vocating or teaching polygamy, but waa giving a matter of history."' . Why Grant Was Called. president of the university could not disregard dis-regard the law. Mr. Brimhall said, the Senator was not In a condition of health at that time to take the position, but about a year ago Mr. Cluff was dropped and Mr. Brimhall was made president of the faculty. Brimhall was selected to succeed Cluff because he waa the idol of the young men, and most people thought It proper to place him at the head of the Institution for the good of the university. ' Senator Smoot said that Florence Reynolds, Rey-nolds, who la reputed to have been taken by Cluff as a plural wife never had been a teacher n the university as Jhad been stated by other witnesses. The Senator said that he did not know Mr. Brimhall waa a polygamlst at the time of his elevation ele-vation to the presidency of the university, but that it would have made no difference with his election for the reason that Mr. Brimhall has not violated the spirit of the manifesto. As to the Evans bill, which was passed by the Legislature and vetoed by the Governor, he thought it was an unwise measure. This bill provided that a person per-son could not be convicted of unlawful cohabitation unless the complaint was made by the wife. Religion Classes. "Have you anything to do with religion classes in Utah?" asked Mr. Worthing-tf.ii. Worthing-tf.ii. "No, I have not. I have not the least doubt but religion classes have been held in the schools after school hours, as was stated here," replied Mr. Smoot "I would like to add that I have always thought it would.be best for religion classes not to be held in schoolhouses." Mr. Worthington had put into the records rec-ords a recent order of the church prohibiting pro-hibiting the use of schoolhouses for religion re-ligion classes. Senator Smoot said he was glad this ' order had baen Issued. Mr. Worthington asked concerning W. E. Borah of Boise. Ida, and the Senator said he had first sought the services of Mr. Borah as counsel and Mr. Borah accepted, ac-cepted, but that other business compelled him to remain in the West. Mr. Borah has not beet associated In the case In any way. His name was signed to the answer an-swer filed by other counsel as a courtesy. Taking up the charges in the protest, Mr. Worthington asked: "Have you In any way since you became an apostle promulgated or advised tht practice of polygamy?" "I have not." "It is charged that the president of the Mormon church and a majority of th twelve apostles now practice polygamy and some have taken plural wives since 1890. Have you any knowledge on that subject except that produced here?" "I have not." "It is said these things have been done with the knowledge and consent of Reed Smoot?" "That la not true." "It is said that plural marriage ceremonies cere-monies have been performed by apostles?" apos-tles?" "Not to my knowledge." "Do you know that by reputation?" "Not until I saw this testimony about Brlgham Young performing that one in that the signers and the people, so far aa they could influence them, would obey the law regarding polygamy. Mr" Tayler asked Senator Smoot If he had done anything to show his disapproval disap-proval becauae these people violated their pledge to the Government. Mr. Smoot replied: "Mr. Tayler, the reasons I have not done that are the conditions that existed when I went to the quorum of apostles. I found existing conditions there tolerated by the people of our State. I did not think It would hasten matters or bring them to a conclusion conclu-sion quicker by setting myself up as Judge and Interfering." Sanctioned by God. Senator Smoot took exception to the statement of John Henry Smith In regard re-gard to his position In the eyes of the In reference to sending Apostle Heber 3. Grant on a foreign mission for the purpose of getting him out of the way of the Senate committee. Senator Smoot said that Apostle Grant was called to - preside over the European mission for the reason that he had not been satisfied with the mission he held in Japan. Senator Sen-ator Smoot said the European appointment appoint-ment waa voted upon at the October, 1903, conference, and that Grant left in December. The Senator said Grant had announced publicly his intention to leave for Europe. Relative to the resignation of Benjamin Clufl aa president of the Brlgham Young vnlversity on account of the fact that he had taken a plural wife since the manifesto. mani-festo. Senator Smoot said that as a trustee of the university he took part in the investigation. Trustee Jesse Knight moved that George Brimhall be president of the university in view of the charges, end the Senator said that President Smith announced at the meeting that a "It is charged that many bishops and other high officials of the church have taken plural wives since the manifesto?" "I have not heard of it except those mentioned in the testimony." Doesn't Encourage It. "It is said that all of the first presidency presi-dency and apostles encourage polygamous cohabitation: do you?" "I do not." "That they honored and rewarded po-lygamists po-lygamists by high offices and by distinct preferment; have you ever upheld any man for any office in the church because he was a polygamlst?" "I have not." Mr. Worthington asked concerning the application for the pardon of Harmer. a man convicted of adultery. Mr. Smoot said he refused to sign the application and the man was not pardoned. Mr. Tayler then took the witness for cross-examination ad asked about the Cannon and Hamlin alleged marriage. Mr. Smoot said that when Lillian Hamlin went to Provo it was understood that she had been married to Cannon before the manifesto. Pressed for his own views, since hearing the testimony before the Senate committee. Senator Smoot said he believed now that the marriage took place about 1S96. "You have been a Mormon all your life?" asked Mr. Tayler. "Yes. sir: but not a very active one," replied the Senator. He explained this by the statement that he never had held any office of Importance Import-ance until 196. He said he had faith In his religion, and that his faith had increased in-creased and his conviction deepened since he had become an apostle. Of his faith In his parents. Senator Smoot said impressively: im-pressively: "No man ever had a better mother In the world than I had." It had been brought out previously that Senator Bmoot's mother was a plural law so far as polygamy was concerned. The Senator said he knew of many po-lygamlsts po-lygamlsts who were not living with their plural wives. "I believe that the men who took plural wives before the manifesto took them with the sanction of God. No law of the land could dissolve the relations, but It could Interfere with the carrying out of the marriage contract," he said. Reverting to the election of Brlgham H. Roberts as a member of Congress Mr. Tayler asked If the witness was interested inter-ested in public afTairs at the time that case was disposed of. Mr. Smoot said yes, and added that Roberts would not have been elected If he could have pre vented It. "Well, he was a Democratic candidate, and you were a Republican?" "Yes." Senator Smoot said he had V rd It said that the church favored the candidacy for the Senate of Senator Kearns, but he had never heard that President Snow had asked any one to support Senator Kearns. As to his own candidacy, President Pres-ident Smith had not advised him for or against being a candidate at that time, although he had talked the matter over win President Smith. He had asked for leave of absence. Would Have Resigned. "Suppose the president had refused, what would you have done? asked Senator Sen-ator Overman. "I don't know; I would have consulted my friends, and If I had concluded to run I would have resigned from the apostleshlp." "Would that have put you out of harmony har-mony with the church?" asked Senator Burrows. "More than likely it would. The same as if I would absent myself without leave from my duties at the Provo Woolen mills." answered Senator Smoot. "But not If you resigned your apostle-ship; apostle-ship; then you would not have been out of harmony V Mr. Van Cott interrupted wife. Con!ernlng the prosecutions for poly-camous poly-camous cohabitation before the manifesto. manifes-to. Senator Smoot said he waa aware of the sufferings of the families of polygam-ists. polygam-ists. He said that his father was arrested, ar-rested, tried and acquitted. He said the manifesto made the impression on him that it was going to stop polygamy forever. for-ever. He did not understand that it disparaged dispar-aged the doctrine of polygamy, but that it did disparage the practice. He said he believed the revelation in regard to polygamy was received by Joseph Smith, but he did not believe in the practice of polygamy against the laws of the land, and since the "last decision" of the Supreme Su-preme court ne had openly opposed the practice. . Mr. Smoot, in answering a question regarding re-garding the cause of the manifesto, said that in his opinion the manifesto came apparently from a pressure within the church, prompted by a desire to obey all the laws of the land. "I never have been taught anything in my life but to obey the laws of my country," coun-try," asserted Mr. Smoot. "Do you understand that Joseph Smith is disobeying the law?" asked Mr. Tayler. Tay-ler. "I understand that Joseph F. Smith Maid that he had not obeyed the law In the past. I cannot say what he is doing now." "Do you understand that he is disobeying disobey-ing the law?" "No, I do not so understand." Violation of the Law. Chairman Burrows interrupted and refreshed re-freshed Senator Smoot's mind with the statement of President Smith that he had eleven children by his five plural wives since the manifesto of 1890. "Remembering that, what is your an-swr?" an-swr?" asked Senator Burrows. "I could not say that he has Uved with those wives." "But he says so himself." "It is a violation of the law," concluded con-cluded Senator Smoot. The same question was asked concerning concern-ing Apostle John Henry Smith and Senator Sena-tor Smoot said he could not say, but believed be-lieved that Apostle Smith was contlnu lng to cohabit with his plural wives. He understood the position taken by Apostle Smith, snd said that it was not the sentiment sen-timent of the Mormon people generally. Senator Smoot said he thought that President Smith would be condemned if he abandoned his wives, and that President Presi-dent Smith in an address had Intimated that he Intended to continue to be a husband hus-band of all his wives. Senator Smoot said be was familiar with the escheat case, the plea for amnesty am-nesty and other history of the church. He thought the plea was signed by most of the high officers of the church at that time and that a number of the signers were now officers of the church. Mr. Tayler asked Senator Smoot if he did not understand that most of those who signed the plea continued to violate the law. The names were read, and the Senator indicated his belief that a majority of the signers were reputed to have violated the law. The witness said he understood to ask. "Oh. no. sir; I have the privilege of resigning." Senator Overman asked if there was any reason why Smoot should get leave of absence rather than resign his apostle-ship. apostle-ship. "There was no reason why I should resign," Mr. Smoot replied. "He would have been out of line for the presidency of the church," Interjected Interject-ed Mr. Worthington. "Where do you stand in the line of succession?" suc-cession?" asked Chairman Burrows. "Well, there have been three apostles appointed since I was," answered Mr. Smoot. "That would make me twelfth in line." Senator Burrows wanted to know If action would have been taken against him If he had been a candidate for the Senate without leave of absence. The witness did not think action of anv kind would have been taken. It might have put him out of harmpny with the church, but he did not consider this course. Two Other Apostles Deposed. "Has any apostle been deposed except Thatcher within fifteen years?" asked Mr. Taylor. "I think Apostles Carrington and Lyman Ly-man were deposed. Mr. Lyman was the father of the present councillor to President Presi-dent Smith. He waa deposed for apos-tacv." apos-tacv." replied the Senator. "The inquiry concerning the violations of law by Apostle Taylor was -asked for by me before the last October conference." confer-ence." said Senator Smoot. "Where is Apostle Taylor now?" he was asked. "I don't know. I believe he Is In Canada." Can-ada." Senator Smoot would not say thst the head of the church knew where Tavlor was. He believed Taylor -ould go where he pleased without consulting the church. Answering questions by Chairman Burrows, Bur-rows, Senator Smoot said it was customary custom-ary If an apostle had not been accused, to Inform the head of the church as to his whereabouts. The witness said he did not know whether Taylor had a leave of absence, but that he ahould have one. "How long has he been away?" asked Senator Overman. "About a year, or xlnce thia investigation investiga-tion started," said Mr. Smoot "I felt very deeply the charge that Apostle Taylor Tay-lor had taken two plural wives since the manifesto." . Mr. Tayler saked what action the president pres-ident of the church had taken to secure the attendance of Apostlee Taylor and Cowley, and Senator Smoot called attention atten-tion to letters from both these apostles, ssylng that they did not regard ths Investigation In-vestigation as religious and therefore did not feel that they should be expected to coma He said he could not remember the exact form of these letters, but that he had shown them to Chairman Burrows. Bur-rows. At 4:30 o'clock sn adjournment was taken, out of consideration for the witness, wit-ness, who has been suffering from Indigestion Indi-gestion for several weeks. |