Under the Prophet in Utah; the National Menace of a Political Priestcraft

by Frank J. Cannon; Harvey Jerrold O'Higgins

The Church controlled, too, the making of the law. For example, testimony was given to show that in 1896 the Church authorities had appointed a committee of six elders to examine all bills introduced into the Utah legislature and decide which were "proper" to be passed. In the neighboring state of Idaho, the legislature, in 1904, unanimously and without discussion passed a resolution for a new state constitution that should omit the anti-polygamy test oath clauses objectionable to the Mormons; and in this connection it was testified that the state chairman of both political parties in Idaho always went to Salt Lake City, before a campaign, to consult with the Church authorities; that every request of the authorities made to the Idaho political leaders was granted; that six of the twenty-one countries in Idaho were "absolutely controlled" by Mormons, and the "balance of power" in six counties more was held by Mormons; and that it was "impossible for any man or party to go against the Mormon Church in Idaho." Apostle John Henry Smith testified that one-third of the population of Idaho was Mormon and one-fourth of the population of Wyoming, and that there were large settlements in Nevada, Colorado, California, Arizona and the surrounding states and territories.

A striking example of the power of the Church as against the power of the nation was given to the Senate committee by John Nicholson, chief recorder of the temple in Salt Lake City. He had failed to produce some of the temple marriage records for which the committee had called. He was asked whether he would bring the books, on the order of the Senate of the United States, if the First Presidency of the Church forbade him to bring them. He answered: "I would not." He was asked: "And if the Senate should send the Sergeant-at-Arms of the Senate and arrest you and order you to bring them" (the records) "with you, you would still refuse to bring them, unless the First Presidency asked you to?" He answered, "Yes, sir."

It was shown that classes of instruction in the Mormon religion had been forced upon teachers in a number of public schools in Utah by the orders of the First Presidency. (These orders were withdrawn after the exposure before the committee.) Church control had gone so far in Brigham City, Box Elder County, Utah, that in a dispute between the City Council and the electric lighting company of the city, the local ecclesiastical council interfered. In the same city, two young men built a dancing pavilion that competed with the Church-owned Opera House; the ecclesiastical council "counselled" them to remove the pavilion and dispose of "the material in its construction;" they were threatened that they would be "dropped" if they did not obey this "counsel;" and they compromised by agreeing to pay twenty-five percent of the net earnings of their pavilion into the Church's "stake treasury." In Monroe ward, Sevier County, Utah, in 1901, a Mormon woman named Cora Birdsall had a dispute with a man named James E. Leavitt about a title to land. Leavitt went into the bishop's court and got a decision against her. She wrote to President Joseph F. Smith for permission either to appeal the case direct to him or "to go to law" in the matter; and Smith advised her "to follow the order provided of the Lord to govern in your case." The dispute was taken through the ecclesiastical courts and decided against her. She refused to deed the land to Leavitt and she was excommunicated by order of the High Council of the Sevier Stake of Zion. She became insane as a result of this punishment, and her mother appealed to the stake president to grant her some mitigation. He wrote, in reply: "Her only relief will be in complying with President Smith's wishes. You say she has never broken a rule of the Church. You forget that she has done so by failing to abide by the decision of the mouthpiece of God." She finally gave up a deed to the disputed land and was rebaptized in 1904. (Letters of the First Presidency were, however, introduced to show that it had been the policy of the presidency—particularly in President Woodruff's day—not to interfere in disputes involving titles to land.)

It was testified that a Mormon merchant was expelled from the Church, ostensibly for apostasy, but really because he engaged in the manufacture of salt "against the interests of the President of the Church and some of his associates;" that a Mormon Church official was deposed "for distributing, at a school election, a ticket different from that prescribed by the Church authorities"—and so on, interminably.

Witness after witness swore to the incidents of Church interference in politics which this narrative has already related in detail. But no attempt was made to show the Church's partnership with the "interests;" and the power of the Church in business circles was left to be inferred from President Smith's testimony that he was then president of the Zion's Cooperative Mercantile Institution, the State Bank of Utah, the Zion's Savings Bank and Trust Company, the Utah Sugar Company, the Consolidated Wagon and Machine Company, the Utah Light and Power Company, the Salt Lake and Los Angeles Railroad Company, the Saltair Beach Company, the Idaho Sugar Company, the Inland Crystal Salt Company, the Salt Lake Knitting Company, and the Salt Lake Dramatic Association; and that he was a director of the Union Pacific Railway Company, vice-president of the Bullion-Beck and Champion Mining Company, and editor of the Improvement Era and the Juvenile Instructor.

It was shown that Utah had not been admitted to statehood until the Federal government had exacted, from the Church authorities and the representatives of the people of Utah, every sort of pledge that polygamy had been forever abandoned and polygamous relations discontinued by "revelation from God"; that statehood had not been granted until solemn promise had been given and provision made that there should be "no union of church and state," and no church should "dominate the state or interfere with its functions;" and that the Church's escheated property had been restored upon condition that such property should be used only for the relief of the poor of the Church, for the education of its children and for the building and repair of houses of worship "in which the rightfulness of the practice of polygamy" should not be "inculcated."

Therefore the testimony given before the Senate committee by these members of the Mormon hierarchy, showed that they had not only broken. their covenants and violated their oaths, but that they had been guilty of treason. What was the remedy? Jeremiah M. Wilson, a lawyer employed by the Church authorities in 1888 to argue, before a Congressional committee, in behalf of the admission of Utah to statehood, had pointed out the remedy in these words:

"It is idle to say that such a compact may be made, and then, when the considerations have been mutually received—statehood on the one side and the pledge not to do a particular thing on the other—either party can violate it without remedy to the other. But you ask me what is the remedy, and I answer that there are plenty of remedies in your own hands.

"Suppose they violate this compact; suppose that after they put this into the constitution, and thereby induce you to grant them the high privilege and political right of statehood, they should turn right around and exercise the bad faith which is attributed to them here—what would you do? You could shut the doors of the Senate and House of Representatives against them; you could deny them a voice in the councils of this nation, because they have acted in bad faith and violated their solemn agreement by which they succeeded in getting themselves into the condition of statehood. You could deny them the Federal judiciary; you could deny them the right to use the mails—that indispensable thing in the matter of trade and commerce of this country. There are many ways in which peaceably, but all powerfully, you could compel the performance of that compact."

This argument by Mr. Wilson in 1888 was recalled by the counsel for the protestants in the investigation. It was recalled with the qualification that though Congress might not have the power to undo the sovereignty of the state of Utah it could deal with Senator Smoot. And it was further argued: "The chief charge against Senator Smoot is that he encourages, countenances, and connives at the defiant violation of law. He is an integral part of a hierarchy; he is an integral part of a quorum of twelve, who constitute the backbone of the Church.... He, as one of that quorum of twelve apostles, encourages, connives at, and countenances defiance of law."