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For expressing such an opinion of Smith to elders and teachers and adding that Smith was not fit to act as Prophet, Seer and Revelator, since, according to his own confession to the Senate Committee he was "living in sin" for expressing these opinions, charges were preferred against Smurthwaite by an elder named Goddard of Ogden City, and excommunication proceedings were begun against him.
After Smurthwaite and Taylor had invested heavily in the land and plant of their salt factory, the Church banker who had been helping them notified them that they had better see President Smith before they went any further.
When a man like Chas. A. Smurthwaite could not remonstrate against the individual offenses of Joseph F. Smith, without being overwhelmed by financial disaster, and social ostracism, and personal slander, it must be evident how impossible is such single revolt to the average Mormon. Nothing can be accomplished by individual protest except the ruin of the protestant and his family.
Smurthwaite replied by making a charge of polygamous cohabitation against Goddard; and after the April Conference of 1905, Don Musser and Smurthwaite joined in filing a complaint in the District Court of Salt Lake City demanding an accounting from Joseph F. Smith of the tithes which the Church was collecting.
"Sergeant Smurthwaite!" he shouted. There came a muffled grunt from the recesses of the lorry. Then a round and ruddy face rose like a harvest moon above the tailboard, and a stertorous voice replied respectfully "Sir?"
Meanwhile Smurthwaite had been "disfellowshipped" at a secret session of the bishop's court, on March 22, without an opportunity of appearing in his own defense or having counsel or witnesses heard in support of his case; and on April 4, after a similarly secret and ex-parte proceeding, he was excommunicated by the High Council of his Stake, for "apostasy and un-Christianlike conduct."
This proceeding convinced Smurthwaite that Smith had "so violent a disregard and non-understanding of the rights of his fellow-man and his duty to God, as to render him morally unqualified for the high office which he holds."
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