Newspaper Page Text
WEATHER TODAY Fair.
ffjDXX. No. 67. Salt Laics Citt, Utah, Tuesday MoicsrnsTG, Decejcber 20, 1904. 12 paGES.FivE centh
: LAP FRAUDS
oDspirators Arc How
ve Been Promised Leni-
ency For Waking a
Mitchell and Congressman
jUnn May Bo Denied Privileges
ff Grand Jiuvy Explonation.
iTMVD or, Dec. lO.-It appears
J m considerable doubt whether
3 Senator John H. Mitchell
fcrcssaan Blnger Hermann, who
Son their way from Washington,
!Vule tho privilege appcartas
5 tie Federal grand jury in their
6 will bo granted their wish.
Kited on good authority these
will not be allowed to go before
Wdjury in caso that body believes
i&tj-havo evidence necessary for tho
JidS' th Jury today Judso B,cl;
tatei that if persons connected
Sua testimony wcro to asl: to ap
L 'heir own behalf bo recommended
i i'r renuest bo granted, but ho
iffi ffi that this Is not a lega
ofu arsons. He added that It
Sli f proper for the Jury to allow
o to so appear If tho jury saw lit to
Hay Examine Congressmen.
fV icry 13 at doubt on any tcs ti
mer if tho evidence Is such that It
Mt of an explanation, then the
i-ra will be called by the Jurymen,
ittra the other hand, the testimony
feWtcand certain and If there Is no
i 'or aplanatlon on the part of ben
'iUtchcl! and Mr Hermann, or
: ls a statement of fact that is Doing
&d, and the admission of the gentlo
i vcwtd encroach upon tho prcroga
a tt trial Jury, then tho privilege to
ar vtU bo denied.
fuy care, It Is the opinion that under
ctanutanccs will the ofllcials. In tho
et of their being allowed In the Jury
a la permitted to tell their tory ec
fcsj to their Individual desires. They
li objected to tho same rule of pro
as prevails in tho cases of the
ireoa for the postponement of the
a! conspiracy cases on trial has bo
s' iITarent. It was ascertained today
I e the evening of Monday, December
'ti defendants In the first case went
fanltrcnce which lasted until late at
ftt At lhat meeting were present S.
D.Puter. Kmma L. Watson, Hornco G.
Sfcley, Marie L. Waro and perhaps D.
Will Make Clean Breast.
1'tis argued by them that they wero
disadvantage; that they had been
iritted, with the exception of Miss
lie. aid that there was a great deal of
e& attad from which thev saw no
of escape All these things consld
ji Pottr, irrs. Watson and McKlnloy
lLtat $6 why they should suiter In
(Mffhlle the Instigators of tho con-
rated In peace and security.
lbn decided to tell what thov
Imt libs Ware however, held out She
Ktcon-edo that sho had anything to
p. She however, at Inst consented
Kio:e the grand jury with whatever
cosy the might be ablo to give,
intsm for this, it Is said, tho defond
vtut i aisured that they could hope to
the minimum sentence for tho
of which they had been convicted,
unite cases which wore postponed,
aulfcely that the public will ever
rc: tiera again. Tlie agreement mado
' wnced In Its fulllllment today,
it, P- Pute" and Horaco G. Mc
7ent before the Jury and told what
Klh(s frauds In which they
. as ln readiness to testify.
TU not called today. Clyde Lloyd of
irt ani1 Thaddeus S. Potter were
t0lay- Potter Is an attor
Uaoftlce of F Pierce Mays, a wcll
711 1'-ffycr of Portland.
l WILL GO DEEP.
Eaon Eve of Big: Events in Land
jA-ND, Or, Dec. 19.-Evcry land
,"rict In Oregon, and there are six,
w the attention In turn of tho
States crand Jury which convened
ps acaln today, after a recess
J ov a month. The exact nature
lovestlRatlons and their probable
7, are I10 w" to but a fow and they
hy the court to silence.
a.Sa s on the eve of great
Ucn kwuJ1?? f a clean sweep of cor-
hUtWiSZ,011.1? generally bollovcd
rS?fawli,c? bcen assigned
W to,BohcJn,a mining district,
f th? fu.bJcct of the Investl--"atcM
the tiSr,.Lnot confirmed.
,,il?nS.'niW5IS 10 thls land and
i5 aw rS'r?,e ,of Government of
lSghoj?r;?ucUnr lno invcstlga-
r,?MLy,?lr thl3 lanl was gone
fcns n T.o mado the In-
:8nADPuur lchf1Iorace G. McKln-
TlJdlne hn r al- woro convicted
Jn ft rr,.lnvesllKatcd 'a sit-
btr clalm n c.8,tlBatlon of 9"9Pcct-
MJ?,?81 evcr' district
w,tlon- He 8 nb.eur of districts ln
'iti5 vho l-mot tne oniv lmport-
BrtR,eyer.fwj 1 aDrycar before tho
' BrtHlp U south rl0r secured land
teEts and p ' ranj'c 7 east. Heg-
ih?i,tond ofrtco aCrf VCr Booth "I he
;v? no I'll1 number of oth
UU fe100'0 aPuearecl in
,iild. wiud cases, will testl-
Bullet Hole lows
Woman fas ftfsinfered
Only Clue to Identity of Nude Body
Found on 2It. Cutlor in
COLORADO SPRINGS, Colo., Dec. 19.
That tho young woman who was found
dead on Cutler mountain between North
and South Cheyenne canyons on Saturday
was murdered was proven by tho post
mortem examination. Tho removal of her
malted hair and scalp revealed tho wound
ln tho head and resulted ln tho recovery
of the bullet.
There Is as yet absolutely no clue to tho
Identity of tho girl, the authorities hero
being wholly at a loss to establish any
thing ln this connection.
Dental work In the mouth oi ine mur
dered girl wilt afford suro identification.
If Its description Is seen by tho dentist
who did the work. Tho work was worth
at least J1E0.
Tho upper right wisdom tooth Is unde
veloped. On uppor right side of tho mouth
a Bolld gold bridge extends from llrst mo
lar to cuspid. The second molar Is pres
ent. Tho llrst and second bicuspids aro
absent, filled with solid gold dummies.
There arc two gold fillings, medium size,
In tho mesial of tho upper central Incisor.
On tho upper loft sldo a gold bridge ex
tends from tho llrst blcuBpld to tho second
molar, 'worn on tho mcslo-llngual portion
of crown. The second molar Is made from
a bicuspid dummy. Tho third molar is
The lower right threo molars or wisdom
teoth arc present. Tho second molar Is
gold-lllled in tho mesio-occluslal surface
Tho, first molar Is absent and has been
gone several years.
All teeth are present on left lower. Largo
gold filling on occlusion extending on to
dlBtal surface of second molar.
At 2 o'clock this afternoon tho post
mortem examination of the murdered girl
was complete. It was without result be
yond determining tho cause of death. Dr.
Hanford said that hor condition at tho
tlmo of her death was normal and that it
was a slmplo caso of wanting to get rid
At tho Coroner's Ino.uost held todny sev
eral witnesses were examined. Including
the men who lound tho body, tho Shcrltt
and a dentist who made lho examination
of the teeth of the dead girl, as described
above, on .vhlch expensive and expert
dental work had been perfcrmed. The au
thorities hope to trace tho Identity of tho
girl through the dentist who did tho work.
The jury returned tho following verdict:
"That ihe unknown woman camo to her
death on a date unknown to this Jurv and
that tho cause of the death was a gunshot
wound below the back of tlie left ear
ranging upward, tho bullet being a 3S-eal-lber
and fired by some person to tho Jury
ORGANIZING FOR CHAUNCEY.
Piatt Calls Big- Meeting- of Hepublx
cana to-Davise Ways and Means.
NEW -YORK. Dec. 19. Senator Thomas
C. Piatt has cnllcd a conference of Re
publicans to meet In the Fifth Avenue
hotel on Wednesday morning nt 11 o'clock
to take measures for tho re-election of
Senator Depw. More than llflv Invita
tions have been Issued to leaders and
Senator Piatt says that this conferenca
Is called largely for the purpose of neu
tralizing the effect of tho recent confer
ence at which Gov. Odcll and many other
prominent Republicans were present, and
which showed Itself strongly In favor of
Frank S. Black's candidacy.
MUST PAY ALIMONY.
Bankruptcy Law Does ITot Apply to
Debts of This Sort.
WASHINGTON, Dec 19. In tho caso
of W. B. Wotmoro vs. Mrs. A. B. Markoo,
the Supremo court of the United States
today held that an obligation to pay ali
mony and allowance to a wlfo and chil
dren Is not ln the nature of an ordinary
debt and, therefore, cannot bo discharged
ln bankruptcy. Tho opinion was delivered
by Justice Day, who said:
"The bankruptcy law should receive
such an interpretation as will effectuato
Its beneficent purposes, and not make It
an Instrument to deprive a dependent wlfo
and children of the, support and mainte
nance due them from the husband and
father, which It has ever been the pur
pose of tho law to enforce."
ATTENDED THE OPERA,
President and Mrs. Roosevelt and
Senator and Mrs. Fairbanks.
WASinNGTON, Dec. 19. President and
Mrs. Roossvclt and "Vlcc-PrcsIdent-clcct
and Mrs. Fairbanks were occupants of
boxes at the opening production of grand
opera at tho Columbia theater tonight by
tho Savage company. Tho opera was
Puccini's "La. Bohome," which wits warm
ly received. After a week's engagement
ln this city, tho company will make a tour
of tho South und West, traveling through
tho Atlantic coast States to Texas and
thenco to California.
S2OO,000 Fire in Philadelphia.
PHILADELPHIA, Dec, 19. Tho largo,
thrce-Btory building at 919 and Ml Walnut
street, occupied by about half a dozen
business concerns, was totally destroyed
bv lire today, entailing a loss estimated at
$200,000. Among the occupants of tho
building, which extended from Walnut to
Sansom streets, were Henry T. Coatca &
Co. book publishers. The Irving house
and tho Rucquct club, which adjoin tho
burned property, were damaged principal
ly by smoke and water.
Stay in Postal Fraud Cases.
WASHINGTON. Dec. 19 Tho District
court of Appeals today granted lho ap
plication of counsel for August W. Ma
chen. Samuel A. GrolT and Dlllor B.
Groff of this city, and George E Lo
ral of Toledo, 0-. convicted of postal
frauds, for a stay of Its recent mnndnto
affirming tho sentenco of tho lower court
pending action by the Supremo court of
tho United States.
Fairbanks to Fvcsign January 6.
WASHINGTON. Dec. 20. The Post to
day says; . , . , .
"Senator Fairbanks said yesterday that
his resignation would be forwarded to
the Governor of Indiana January 9. the
date of tho meeting of tho Legislature, to
talco offoct March 4. noxt. when ho will
be inaugurated Vice-President-'
THEY HOST ALL
First They Ara Edited by
Apostle Penrose or
Then Submitted to Conference Strik
ing Case of Church Interference
in Temporal Affairs.
By A. F. Philips.
Special to Tho Tribune.
WASHINGTON, D. C. Dec. 19. A r'evo
latlon from Almighty God to tho prophet,
seer and revclator of the church does not
count among the Mcrmons unless first
edited by AposJles llko Charles W. Pen
rose and then approved at a conference
by the uplifting of hands. In plain En
glish, the people must pass upon the word
of God before his will shall prevail. This
In substance was the statement of Apos
tle John Henry Smith to 4ho Senato com
mlttectodny. People of Utah are asked to take a re
vised edition of the word of the great Giv
er of all after It has passed through tho
hands of Charles W. Penroao. again an
avowed polygnmlst, law-breaker and vio
lator of tho pledge by which ho received
A second feature of tho Smoot inquiry
today was that ecclesiastical courts com
posed of members of the hierarchy sup
planted the courts of tho State of Utah
and tho country. This was brought out
ln the testimony of Isaac Blrdsall of El
alnore, Utah, whese daughter, Cora Bird
sail of Sevier county, was excommuni
cated from tho church because she re
fused to deed a piece of land to a man
named Lcavltt, whom iho church court
decided should have a pleco of property,
which, according to the evidence disclosed
todny, he hud-neither right nor title.
History of Birdsall Case.
Isaac Blrdsall, formerly a Mormon, liv
ing at Elslnore, Utah, was mado defend
ant, with his davghter. Cora, In a trial of
a land caso In tho bishop's court of Mon
roe ward. Jamos E. Lenvltt was tho com
plainant, suing for the land. Tho bishop'.-
court found for Loavltt. Miss Blrdsall
tried to appeal direct to the First Presi
dency of the church, but was denied, sho
being directed to appeal ln the first In
stance to the high council of tho Sevier
stake. Sho did so, and the finding of tho
bishop's court was sustained unanimously
by the stnke presidency, William H. Seog
mlller'at the head.
Cora Blrdsall then wroto to the First
Presidency of tho chur.'h, claiming that
falao testimony had bcen Introduced
against her, and on a request from Gcorgo
F. Glbbs. secretary, to specify what t
was that sho claimed was false In that
testimony and what new testimony sho
had to offer, she responded accordingly.
On April 10. 1S03. Joseph F. Smith, John
Winder and Anthon If. Lund, tho First
Presidency, sent her .an affirmation of lho
rulings in the high council and ln the
On April 17 J. M. Laurltzen, clerk of tho
high council, gave Miss Blrdsall till tho
11th day of May to comply with tho rul
ings of tho church authorities, ami on May
IS, she not having dono so, Laurltzen
again sent hor notice, this time giving her
till June 12 to vacate tho land, on pain of
being required to answer upon her fellow
ship at tho regular session of the high
council on June 19. She was still obdu
rate, and on tho last-named date sho was
excommunicated and notice of this was
given to her on tho 23rd of June. '
Mary Blrdsall wroto from St. George to
President Seegmlller, describing lho an
guish of mind of Cora on being cut off
from tho church, and received tho follow
ing comforting reply:
A Striking Letter.
St. Gcorce. Utah. Feb -I, 190i. Mrs. Mary
Blrdsall, Elslnore. Vnar Sister: Youro of
January 21 camo duly to hand. I havo read
tho contents with Interest and I regret very
much that Cora Is In the iwsltlnn you de
scribe her , to be. Surely an evil power Is
leading her to dostiuctlon. If site wants relief
from her present tdluailon 'she enn obtain II
by humbly complylnK with President Joseph
V. Smith's decision In tho caso bioutrht ncalnst
her by JamtB Levitt of JOneph. Heard llrst
by tho Monroe bishopric., then appealed to
tho high council of this stake ot Zlon, and
then appealed to Joseph F. Smith, whose de
cision stands against her and will ho stand
until sho compile with It. and whllo this
condition Is maintained she will be In dis
tress and misery- Her anly relief will bo
In complying with Prenldont Smith's wlshos.
You nay nho has never broken a rulo of
You forget that ln thlo caso she lias dono
po by falling to ubldo by tao decision of
the mouthpUcc of Cod.
I pray to God to bless her. that humility
may pouaoas hor ooul and lead her to do that
which tho president requires hor to do. If
sho can't do this. I fear for hor happiness horo
and hereafter. I uni. yours In tho gospel,
WILLIAM II. SEEUMILLEK.
On June 11. 1901. Cora Blrdsall deeded
the land to Loavltt, ln nccordanco with
tho decree of Bishop Maglcby's court, re
ceiving, as he had ordered, one hundred
dollars as consideration. Tho witnesses
to tho deed are Simon Chrlstcnsen of tho
high council, and Bishop V. Bean, and It
Is acknowledged before tho stako tithing
clerk, S. G. Clark, notary public.
Still Believes in Polygamy.
John Henry Smith also reiterated hla
firm belief In tho doctrine of polygamy
and again declared his defiance of tho law
of tho State and tho country in which ho
lives. He said neither tho law of tho land
nor of tho church ln tho manifesto could
taku away from him the covenants and
contracts made by him with his family
and his God.
He said that he was president of tho
Utah Constitutional convention and that
tho question of polygamy and unlawful
cohabitation was thoro discussed. He de
clared It was tho understanding ln that
convention that all polygamlsts wcro to
continue their relations as before tho
manifesto, not only providing for their
families, but living with them as ln tho
William Baldcrston, editor of tho Bolso
Statesman, testified regarding tho Inter
ference of tho church in tho politics of
Liabilities S750,000; Assets S04,000.
NEW YORK, Doc. 19. At a meeting of
creditors of Jacob Berry & Co. today Edward
S. Thomas, lho temirornry rocolvor, said that
tho llrm oweii about $70.i0. whllo tho aotunl
osBots nro only about CI.OX). Tho creditors
elociod a receiver.
'c- Expert advertisers and skilled
J "writers havo Ixjeii working on
Tho Now Year's Tribuno for
4- some time, and that issue will 4
occupy a large part of time of -I
r tho odltorial staff and the busi- -I-'c
ness office from now until tho 4
4 mammoth edition goes to press. I
! For this year's icsuo pains- 4
I- talcing" caro has been given to
-I- every detail, and tho advertls- v
J ing, so far as accepted, exceeds 4
J that of any previous issue. 4
J Patrons must see that their !
f "copy" is in promptly, if they 4
4 wish' a place in the greatest edi- !
I- tion over issued by a Salt Lake 4-
Orders from newsdealers 4
4- should be filed at once. There 4
v will be no advance in price for v
I- the ITow 'Year number. r
.j. .j. 4. 4- 4. 4. 4. 4. 4. 4. 4 4- 4-
Fear for Life of
Internal Disturbances So Pronounced
as to Deeply Concern Em
ST. PETERSBURG; Doc, 19. Tho Em
peror's feto day pass'gd without any un
toward demonstrations ln St. Petersburg;
but was marked by al continuation of tho
!Moscow disorders, thffugh thoy wero not
so serious as on Sunamy.
Tho fenturo of tllOjftcow demonstra
tion was tha dUtiuxion -vf a violent
proclamation of tho Social Democratic
labor party, describing the whole coun
try as being In a stato of mourning and
tears for tho sacrifice of life ln the far
East for tho aggrandizement of the Ro
manoffs, picturing tho Government as
driving the people to starvation, and
calling upon workingmen to enter cease
lessly upon a war for overthrowing tho
Other demonstrations arc reported from
various localities. In consequence of tho
character ojf-thc current agitation tho ad
visers of Emperor Nicholas havo dis
suaded him from his contemplated trip
to tho south of Russia to bid farewell to
troops being dispatched to the far East.
Conservatives aro afraid that the lll
advlsed course of tho extremists will drive
tho Government to adopt repressive
measures Just when a distinct victory
over tho reactionaries had been won and
a liberal regime has been Inaugurated.
Tho renewed activity In revolutionary
circles already has caused many arrests.
DENVER FRAUDS INCREASING
Four More Democrats Fined and Sent
DENVER. Dec. 19. Tho Supreme court
todiy adjudged Leonard Rogers. William
G. Adams, Louis Hamburg and Thomas
Kinsley guilty of contempt for conduct ln
precinct 2, ward 7, in this city, at the re
cent election, ln violation of the court's
lnjunctlvo order. Sentences were imposed
Rogers, six months in Jail and fine of
$100 and costs; Adams and Hamburg, three
months in Jail and fine of $100 and costs
each; Kinsley, lino of S50 and costs. Tho
court announced that tho evidenco showed
that Rogers, AdnmB and Hamburg had
prevented the appointment of a Repub
lican clerk and Kinsley had ejected tho
Supreme court watcher from the polls.
Rogers Is a deputy sheriff and was a can
didate on tho Democratic tlckot for tho
Stato Senate. Klnsloy Is a prize-fighter.
A total of twenty-three men havo been
sentenced by the Supremo court since
elccllon for contempt, and charges are
pending against many othors
Expert M. M. Hnmma reported -today
that of 371 ballots found ln tho box from
precinct 'J, ward -I, which was ordered
opened by tho court on Saturday In con
tempt proceedings, 251 Democratic votes
wero apparently written by four persons
and 229 of these by ono person, and six
Republican votes wcro written by two
persona. There wero 310 Democratic and
twonty-eight Republican votes In the box.
Expert Ham ma testified ihm four of
tho fraudulent Ropubllcan ballots wero
written by tho same man who wroto 229
Democratic fraudulent ballots and that
almost all the fraudulent ballots wero
written by tho same person who wrote tho
fraudulent ballots contained ln tho boxes
Tho defendants. City Dolectlve William
II Greene, Frank MoMahon, Jeane D.
Sayc and Robert Goodman, denied under
oath lhat thoy saw any repeating or that
they had intentionally violated the court's
orders. Deteetlvo Grecno said ho did not
live ln thin precinct, but was sent to the
polls to protect the Supreme court watch
ers and election officials.
"If I had seen any repeating." he said.
"I would havo arrested tho repeaters, but
I didn't see uny."
Arguments ln this caso were heard this
At tho conclusion of arguments tho
court announced that Its verdict would bo
handed down on Thursday.
New Trofllc Manager for Alton.
BLOOMINGTON. 111., Dee 19.-Josoph
W. Blnbon, formerly fourth vice-president
of the Grout Northern railway nt St. Paul,
has been appointed freight traffic mana
ger of tho Chicago & Alton railway, ef
fective December 21.
Ten Deaths From Wood Alcohol.
ASHLAND, K. Dec. 19 Four more
doatha from wood alcohol poisoning have
been reported from tho mouth of tho
Beaver river, making a total of ten
deaths. Two more uro said to bo dying.
Religion Classes lust ;
Superintendent Nelson Says
So and Gives Startling
Sectaries Have Been Misusing
336 Schoolhouses in
By A. F. Philips.
Special to The Tribune.
WASHINGTON. Dec. 39. Superintend
ent of Public Instruction A. C Nelson of
Utah made a star witness for the protest
ants In tho Smoot Inquiry today. Ho ver
ified in detail every Important contention
made by Tho Salt Lako Tribuno concern
ing tho uso of tho public schools of Utah
for sectarian purposes.
Ills statement that an Investigation
mado by him had disclosed the fact that
"religion classes," wherein Mormon doc
trines aro taught, are conducted by pub
lic school teachers ln 33S schoolhouses ln
Utah created a sensation.
Superintendent Nelson acquitted himself
beforo tho committee as a high-minded
gentleman. He showed by hla manner
that tho result of his researches Into the
question of tho Illegal use of public school
rooms had been a painful surprise to him.
Ho had heard for months complaints along
these lines and determined to Investigate.
Ho wrote to all County Superintendents
and asked for reports. Weber and Iron,
jcountlfes had Ignored his request All
others had reported. But six of tho coun
ties uro frco of tho "religion classes."'
Superintendent Nelson, -though a Mor
mon, answered frankly and fully all ques
tions. He related conversations had with
Attorney-General Breeden on the subject
of his Inquiry, read a copy of tho letters
ho had sent to Ihe several County Super
intendents and stated that ho had decided,
after Investigation and Inquiry Into tho
law, that schoolhouses cannot bo legally
used for religious Instruction.
Ho said there aro 2S0 school districts In
tho Stato containing COS buildings. Salt
Lako City is omT district, with forty
Where They Aro .Taught.
Religion classes are taught after the dis
missal of tho regular classes at hours
ranging from 2:S0 o'clock to 4:30 o'clock In
the afternoon. Religion classes are taught
In the Stato as follows:
County. Dlst. Classes.
Beaver 9 0
Box Elder 30 44
Cache 26 It3
Carbon 11 2
Davis 1C 1C
Emery 12 20
Garfield 10 0
Grand 2 0
Iron ,. 7
Juab : 13 1C
Kano A S
Millard , 17 22
Morgan S 11
Pluto S 0
Rich 7 14
Salt Lako 3t) 12
San Juan 2 2
Sanpete 17 23
Sevier 17 2S
Summit 17 0
Tooele 12 0
Uintah .... 1C 16
Utah ' 20 16
Wasatch 9 ' 16
Washington :iS 38
Wnyno 12 24
Salt Lako City 1 0
Logan 1 7
Provo 1 0
Tribune's Fight Wins.
Tho Salt Lake Tribuno has been leading
a campaign against tho uso of school
rooms for sectarian classes for more than
a year, and It will be of Interest to all
Utahns who nro sympathy with The Trib
une's crusade, to knpw that Superintend
ent Nelson has taken prompt steps to
eliminate the ovll.
Ho has caused to bo sent to the school
superintendents and school trustees tho
following official loiter:
Salt Lako City, Utah. Dee. 5, IDOL To tho
School Superintendents and tho School Boards
of tho State of Utnh. Qcntlemen: For somo
tlmo pasl this ofllco ha a bcen almost con
stantly in receipt of letters from citizens In
dlfTcrcnt purtu of tho Stato protesting against
tho uso of public school buildings for re
ligion, class pun06cs. In ordor to ascertain
with cOrlalnty tho prcvalenco of this uh of
tho publlo school buildings, letters of Inquiry
wero sent from this ofllco to all of tho county
and city ochool superintendents. Tho replies
received convoy tho Information:
First That tho religion classes arc conducted
In u largo number of public rchool houses
throughout tho Stale
Second That theso religion classes aro held
Immediately after lho clow of tho school;
and from further Information It Is found that
not Infrequently tho regularly employed teach
er of tho school 1j also tbo teacher of lho re
Permit 1110 to call your attention to Sco 1,
Art. 10 of the Constitution of lho State of
Utah. It reads as follows:
'Tho Lcgislaluro shall provldo.for tho es
tablishment und maintenance ofl n. uniform
zystom of public schools, and which shall be
open to nil children of tho State, und bo frco
from sectarian control."
Sec. ISIS of tho Ituvlscd Stntutofl of Utnh,
1S9S, Is also pertinent to tho question at hand.
It snys: "Ho atheistic, Itilldol. sectarian, re
ligious or dcntinnnntlonal doctrlnos shall bo
taught ln any of tho district schools of this
Statu. Moral Instruction tending to Impress
upon tho minds of tho pupils tho Importnnco
of good manners, truthfulness, tcmporanco,
purity, patriotism and Industry, chall bo given
of 'Oil Explodes
Four Men Burned to Death and
Four Others Seriously
NEW YORK. Dec. 13. By an explo
sion and burning of one million gallons
of petroleum on a Standard Oil com
pany's barge at sea off Long Branch,
N. J., Sunday afternoon four men were
burned to Ceath. The dead are:
CAPT. C. P. STOKES.
A. SALTS, ENGINEER.
AL. BRANDT. FIREMAN.
One man Is mlsylng.
H. Hansen, a sailor, had shipped for
the trip, but it was not known whether
he was on board.
Four survivors of the crew of the
burned barge wore brought to this port
and are Jr. a hospital suffering front
The steel barge No. Dl and another
barge were In tow of a tug bound from
Philadelphia. Something Interfered
with the flow of water from the fresh
water tank and Engineer Sale and
Fireman Brandt went below to Inves
tigate. An explonlon followed, whether
of gas or a boiler, Is unknown. In a
twinkling the barge vas ablaze from
su-m to stern.
The tug which had the barges In tow
wont alongside the burning barge and
took off four seamen, but the blase had
r-pread so fast that the others could not
The cause of the fire on the barge
has not been explained. None of the
s.urvIvors was ln a condition to talk to
dny, but It was learned that there was
an explosion and burning oil was
thrown over the vessel. Tho barge had
on board 21,000 barrels or 1,000,000 gal
lons of oil.
FAILED TO APPEAR.
Mrs. Chodwick Was HI, and Ho In
CLEVELAND, Dec. 19. Four wit
nesses were heard today In the bank
ruptcy proceedings against Mrs. Cassie
L. Chadwlck, after which the hearing
was continued until tomorrow, when
Receiver Nathan Loeaer hopes to have
the woman present. Mrs. Chadwlck's
appearance will depend on a report to
Referee In Bankruptcy Remington as to
her physical condition, her counsel say
ing in court that she was ill, and It wag
agreed that several physicians should
make an examination tomorrow morn
ing. But little Information was secured to
day as to Mrs. Chadwlck's Jewelry, that
creditors think she has, or of a missing
trunk and valise the receiver desires to
find. The examination today of two
of the witnesses, Emll Hoover, Mrs.
Chadwlck's son, and Freda Swanstrom,
her maid, centered about three articles.
From several admissions made, Re
ceiver Looser will continue his inquiry
with the hope of locating the property.
At the afternoon session of court,
Benjamin G. Malzlmer, manager of a
Cleveland fur company, told of furu
and rugs valued at $2000 which were
held for Mrs. Chadwlck. The proprie
tor of the same concern denied, in an
swer to a question, that Mrs. Chad
wlck had purchased a J1C00 fur-lined
Dr. Chadwick and Daughter Sail.
NEW YORK. Dec. 19. A special cable
dispatch to tho World from Paris says
that Dr. Loroy S. Chadwlck and his
daughter, Miss Mary Chadwlck. sailed
from Dover, England, for New York Sun
day night as second-class passengers on
tho steamer Pretoria, of tho Hamburg
Receiver for Copper Company.
SANTA FE. N. M.. Dec 19. Judge McFai
today appointed .Ernest Johnston receiver
of tho American Consolidated Copper
compan. on tho petition or Now York
stockholders, who allege mismanagement
and fraud. Tho company owns valuablo
mining properties ln tho Lordsburg dis
trict. Grant county.
In every district school, and all such schools
shall bo frco from sectarian control."
It la evident thnt both the founders of tho
Stato Constitution and lho Legislature which
enacted tho foregoing statuto Intended tho
publlo schools ot Utah to bo frco from sec
tarian Influences as well as from tho Influ
ences of atheism and Infidelity They wero
In cntlro harmony, too, with tho predomi
nating American sentiment on this question.
Kvon tho propriety mcroly of reading tho Blblo
ln tho publlo schools has bcen culled Into
question, becauso readers can read and havo
rend their peculiar religious vlows Into ecrlp
turul quotations. Tho publlo school Is de
signed nn tho common mooting ground of
oven" child und youth of tho Innd. regardless
of ruco or station, creed or purty. It must
over remnln frco from any luflucnco or con
dition which would havo a tendency to chango
Us pre-eminent position among tho grcnt In
stitutions of our country.
Ak school officers it In our duty to guard
against any condition which might glvo an
opportunity for sectarianism to enter Into or
Iniluonco our publlo school system. AVherovor
religion classes aro held, beforo leaving tho
sclioolhouyo for tho day the pupil receives
religious as well au secular Instruction, fomc
llmes. too. from tho samo teacher. It Is not
to bo expected thai Immature minds will dis
criminate clearly as to tho respective func
tions of tho school and thu church ln tho re
ligion class work, but ll Is to be oxpectod
lhat a lartjo percentage of tho children will
look upon nil of their class cxorclsos :ui tho
school work of the day. Tho religious teach
ings may bo of lho most wholesome and up
lifting charnctor, yet. In a country llko ours,
whero tho right to worship according to tho
dictates of Individual conscience has given
rlso 10 varied rollglous beliefs, und whero lho
schools aro supported by all taxpayers of tho
community, to hold children after tho regu
lar school houTs of tho day for tho purpono
of Inculcutlng Into tholr minds tho doctrines
of any religious creed must, of necessity, bo
more or loss objectionable to the people of
tho community holding different rollslous
Tho Constitution nnd laws of the Stato em
phatically declare that tho public schools
shall bo freo from rollglous or sectarian con
trol. Such botng tho case, and tho condi
tions ns horcln set forth obtaining, I nm of
tho opinion, and you aro horrby so advised,
that the religion class work, when conducted
In public school buildings. Is In vlolntlon ot
tho Piilrlt of tho Constitution and tho stat
utes of tho State of Utuh. Respectfully.
A. C. NELSON,
Stuto Suporlntcndent-of Publlo Instruction.
APOSTLE SMITH I
ON THE STAND I
Supt. A. C. Nelson of Utah H
Schools Testifies About
Strange Case of Isaac Birdsall, His
Daughter, His Land, and Why
He Left Church. IH
WASHINGTON, Dec. ID. The Senate 'jH
Committee on Privileges and Elections
today developed nothing sensational In
the Senator Smoot investigation. Inter- H
est was- evinced by members of the
committee In statements by A. C. Nel
son. Superintendent of Public Instruc- '
tion -for Utah, concornlng the use of
school buildings- for the teaching1 of the jH
Apostle John Henry Smith Was on the
stand for two hours. Other witnesses
were Isaac Blrdsall, a Mormon, who
said that his daughter was excommunl- H
cated because she would not obey a de-
uisiun ol u Disnop s court, wnicn nna ue- H
prlved her of a piece of property to
which she had the lawful title, and
William BaJdcrson, editor of the Boise
(Ida.) Statesman, who testified In re
gard to political affairs in his State.
WASHINGTON, Dec. 19. Apostle
John Henry Smith of the Mormon IH
church was recalled as the first wit- jH
ness today in the Senator Smoot ln
vestlgatlon and was cross-examined by H
A. S. Worthlngton, counsel for Mr.
Smoot. Apostle Smith said he had 1
known A. E. McDonald (who died dur- jH
ing the present year), who was charged
by one witness with having performed I
a plural mnrnnge -in Mexico.
"It had come to the attention of ;H
President Lorenzo Snow that McDon- iH
aid had been exercising' the right to
marry or seal persons ln plural mar
rlatics," said the witness. "President jjl
Snow instructed mc to call McDonald
to account. I went to Mexico, but did
not learn that any plural marriages I
had been performed. I never have heard j
of any president of the church author- )
lzing plural marriages since the man- 1
lfcsto." 1 IJI
Denial was made by the witness that '
the Mormon church owned a majority 1
of stock in the sugar manufactories of
He was examined concerning his par
tlclpat.on in politics in Idaho, and his
testimony chiefly was contradiction of
the testimony given by Chairman Jack
son of the Idaho State committee, who
testified Saturday. He denied that ho
had said that there had been rcvela
tions that certain political tickets
should be supported.
Made Speeches In Idaho.
Apostle Smith, however, admitted ta
king a part in bringing about the repeal
of the Territorial test oathu which prac
tically excluded Idaho Mormons from BV
voting. He said he had made political jHI
speeches ln Idaho in 1902, but appealed"
to the voters as a citizen and not as a 1 jHBV
member of the Mormon church. HBV
When Mr. Worthlngton concluded his I
cross-examination Senator Dubois 1
asked Apostle Smith If an apostle could ;
take a plural wife now and retain his 1
"Unless, perchance, he were handled ,
by the laws of the country." was the 1
"You mean that some Gentile would JHHj
have to make complaint?" BVH
"No, sir. If submitted to his council
I think It would deal with him. I know jBI
I would." BVjB
Pressed for a more definite answer,
the witness mid If the fact of a plural AV
marriage should be demonstrated in the '
courts, an apostle contracting such a j HBVJ
marriage would loso hia standing. jHAJJ
Attornoy Tayler, for the protestanta,
examined Apostle Smith concerning his
knowledge of the alleged marriage of HAV
Apostle Abram Cannon and Lillian '
Hamlin, charged by wiMjcases to have j
been performed by President Joseph 1
Smith on the high seas, near Los An-
geles, in 1S90.
Denied by President Smith. If
The witness said he went to Pre3l- j
dent Smith and asked if he had per- ' BBS
formed such a ceremony, and the reply ; BH
was that he had not. He ndmitted that HBB
if the president of the church wanted to HHJ
perform a ceremony of that kind he HABJ
would be at liberty to do so. "But I HABj
believed him absolutely," concluded the MftSJ
Apostle Smith said he had made ln- ItVflfl
qulry as to who performed the cere- ' HH
mony, but obtained no Information on ' IH
the subject. The witness said he had ( IBVJ
eerlous doubts- whether Abram Cannon
had married Lillian Hamlin. I
"Then what Is the explanation you 1 HAV
made to yourself as to the status of iJBVfl
your brother apostle and Lillian Ham- !H
lin?" he was asked.
lie said he had not concerned himself hVA
on the mornl question, as Abram Can
non was dead.
"If you knew President Smith had
performed a plural marrlago ceremony
then what would you do?"
"I would go before a grand Jury and
give my testimony."
"Then your only Interest would be to
see that the guilty person was pun
ished? What about tho effect upon the BVJ
"Tho church would have to take cars
The witness said he would take no ac
tion in such a case unless he saw the MSH
ceremony pcrformnu. BVJ
Apostle-Smith haid-thcro -jnm-giffiJV