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THE LESSER PRIESTHOOD – Joseph B. Keeler – 1904 edition.
Jun.: Approved and sanctioned by 1st Presidency.
“This little treatise on the Lesser Priesthood and Church Government and also the Brief Concordance of the Doctrine and Covenants, is issued with the approval and sanction of the First Presidency of the Church.
These brethren appointed Elder Charles W. Penrose of the Deseret News, a committee of one to criticise the manuscript before its publication, which labor he has kindly and promptly performed.
While the matter was being prepared, the author received much aid and many helpful suggestions from President Joseph F. Smith, President Anthon H. Lund, Apostle Rudger Clawson, and Bishop William B. Preston; he has also had the friendly criticism of Prof. N. L. Nelson, and his fellow teachers of the Brigham Young University.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. iii)
Jun.: Duties of AP offices.
“To narrow down these remarks to the needs of young men holding the Lesser Priesthood, What would seem the best course to follow? It will not be enough for them to become thoroughly acquainted with the matter contained in this little book, and other books and articles referred to; there must be actual labor performed. If it be Deacons who are expected to become efficient workers in the Church, they must be taught their duties on the practical side. An experienced Elder must say to the Deacons: ‘Come!; If they have chopped wood for some poor widow or furnished fuel for a missionary’s family, their hearts will burn with satisfaction, being conscious that some one has been made happy and comfortable. If the house of worship needs to be cleaned, warmed and lighted, let some experienced person say: ‘Come!’ Then show the way and explain how such things may be done properly–dignify the labor. Is the meeting house isolated, without fence, the grounds void of vegetation, or covered with weeds; are the walls and roof dilapidated, the window panes broken, or any portion out of repair? If so, let some one who knows what is wanted say to the Deacons: ‘Come!’–And you may depend on it, that generation of Deacons will consider the spot holy ground ever after, which their hands have thus transformed.
Likewise the teacher must be trained in his duties. To be a teacher among the Saints, to be a ‘standing minister,’ is no ordinary calling; it requires skill and ability. Any presiding officer will surely be disappointed who expects a young man, however faithful, to magnify the office of Teacher, if he has had little or no preparation beyond his ordination. To be an efficient minister, he must come into actual contact with the people in the line of his duty. One prayer offered in the home of his neighbor; one quarrel satisfactorily settled between members; or one night of ministering at the sick-bed, will do more to fit him for his position than a hundred pages of the dead letter, or a dozen lectures listened to in his quorum meetings.
So with the Priest, he also must be trained and encouraged by experienced, kind and God-fearing companions, until he can ‘walk alone.'” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. vi-vii)
Jun.: Editorial in Deseret News referred to.
“An editorial in the Deseret Evening News, August 29, 1903, and the Semi-Weekly, September 1, 1903, on ‘The Priesthood,’ has an interesting bearing on this lesson, and on other lessons passed over.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 26)
Jun.: Duties of Deacons–including ordaining others.
“Deacons May Assist the Priests and Elders.–Inasmuch as the offices of Deacon and Teacher are appendages to the Aaronic Priesthood, the Deacons and Teachers may also assist the Priest and Elder in the performance of some of their respective duties when called upon. For example, they may assist the Priest or Elder at sacrament table, by furnishing the bread and wine, or water. And after the bread is broken and blessed, they may pass it to the multitude; so also the water; but they cannot direct in administering the sacrament, nor bless the bread nor bless the cup.
Care of the Poor.–One of the important duties of this office is the care and support of the poor. Under the direction of the Bishop, houses may be built or furnished for the poor, especially the widow and the orphan, who are without shelter; also the educating of the orphan and the children of the widow and the worthy poor. The Deacon may assist in furnishing labor for the needy who can work, and be otherwise helpful. He may collect money, food, clothing, etc., of those who have such things to supply to them who have not; notably the fast-day offerings.
Miscellaneous Duties.–No one can possible enumerate all the duties that belong to the Deacon’s office; for new conditions will continually arise as the Church goes forward, and the work of the Lord unfolds; but the Deacon must be ever ready to obey counsel and follow the lead of the authorities over him, that he may be ready to perform any new duty placed upon him.
Like the Levite of old, even down to Zachariah, the Deacon may do service in the house of the Lord and in places of public worship. (See Num., 18:2-7; Luke 1:9) If it is required of him, he may keep the meeting house scrupulously clean, also well lighted and warmed, thus doing honor to the congregation of the Saints who assemble to worship the Lord.
When called upon the Deacon may collect means for the erection of meeting houses and other public buildings, and also for furnishing them. He may assist in planting shade trees around meeting houses, planting shrubs and trailing vines, setting out lawns, etc., thus making the grounds surrounding the house of worship attractive to the eye and restful to the soul.
In fact the Deacon may do many things to bless the people and make them happy, and thereby dignify his office. It is an office which, if magnified, will give its possessor a most valuable experience and tend to broaden him out into a man of affairs in the Church. Let any young man fill this office faithfully and he will be honored of men and blessed of God.
Deacons May Ordain persons to the office they themselves hold; but not to a higher office.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 30-31)
Jun.: Duties of Teachers.
“For the purpose of study and analysis it will be profitable to go over the duties of the Teacher’s calling more in detail.
1. ‘The Teacher’s duty is to watch over the Church always, and be with and strengthen them.’ This constitutes him a standing minister, and requires him to be constantly watchful of and helpful to the members within his jurisdiction. His association with the Saints should therefore be very intimate and close.
2. He is to ‘see that there is no iniquity in the Church.’ He is to be active, not passive; his eyes are to be wide open. He might, with propriety, be called the policeman of the Church.
3. When members fall out and have ill feelings, it is the Teacher’s duty to have them reconciled to each other if possible. He is to see that the liar is warned of his evil. His duty is also to see that there is no ‘backbiting nor evil speaking,’–sins that poison the stream of brotherly love, undermine fraternal confidence, blacken innocent character and canker the souls of those who are guilty of such meddlesomeness. Duty bids him to see that these things shall not exist. In fact, his office requires him to be constantly on guard against evil among the members placed under his charge. He warns and rebukes the law-breakers; he exhorts and entreats the negligent; he counsels and persuades in the fear of the Lord; and in order that he may more fully understand the spiritual condition of the members within his jurisdiction, he is required to visit them in their homes.
4. Furthermore, it is his duty to see that the members of the Church ‘meet together often,’ to partake of the sacrament and to be instructed and also to be an example by meeting with them. And again, he is to see ‘that all members do their duty’–that they pay their tithes and make their offerings; observe the Word of Wisdom; refrain from speaking evil of the Priesthood; that they keep holy the Sabbath day; that they do not steal, slander, quarrel, fight, cheat, nor do any immoral or unvirtuous thing.
5. The Teacher is to act as peacemaker between brethren or sisters who have difficulties one with the other. He does not hold a court nor place anyone on trial; but with kindness, persuasion, and prayer, he endeavors to settle personal difficulties among members. If occasion acquires, he may sign complaints against transgressing members who are to be tried on their fellowship in the Bishop’s court.
6. Besides all that has been mentioned, his duty and calling direct him ‘to warn, expound, exhort and teach, and invite all to come to Christ.’ What an extensive field for labor! In all of his work the Teacher must have the spirit of his calling, which is nothing less than the Spirit of God, to illumine his mind and make effective his labors.
. . . .
The Teacher may Ordain persons to the office of Teacher and of Deacon. The Deacon may ordain others to the office of Deacon, provided these officers are so directed by the proper authority.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 35-37)
Jun.: Acting Teachers.
“There are a number of men selected in every ward to be acting teachers under the direction of the Bishopric. These usually hold the office of either Elder, Seventy, or High Priest, and are called to act in the capacity of Teachers and Priests among the Saints. When thus acting their duties are similar to those mentioned above. They are appointed as aids to the Bishop, himself a High Priest, and he or one of his counselors presides at their meetings.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 37)
31 Oct., 1895: 1st Presidency on Acting Teachers.
“Instructions to Presidents and Bishops.–The following is part of a circular letter sent out by the First Presidency to Presidents of Stakes and Bishops, bearing on the subject of Acting Teachers:
At a meeting of the First Presidency and Council of Apostles, held on Thursday, October 31, 1895, the following decisions were reached and are now presented for the guidance of Presidents of Stakes, Bishops and their associate officers, and all whom they may concern: There has been a practice, at least in one of the stakes of Zion, of High Priests, Seventies, Elders and Priests, who may have been called to act in the capacity of Teachers, having an organization distinct from that of the Teacher’s quorum and being presided over by a President and two Counselors. The tendency of such organizations has been to assume functions belonging to the legitimate councils or quorums of the Priesthood. The question submitted was: ‘Is it proper for such organizations to exist, or be presided over in this manner?’ The Council felt that it was not proper, as no provision is made for them in any of the revelations of the Lord relating to Church government, neither is there any necessity for them. And the council decides that the brethren who bear the Melchisedek Priesthood, acting as Teachers, should not have a separate President and Counselors, but that they should, when acting in this capacity, be presided over directly by the Bishopric, whose aids they are in all tings connected with the well-being of the ward.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 37-38)
Jun.: Aaronic Priesthood may lay hands on the sick.
“Aaronic Priesthood may lay on hands and pray for the sick; see Juvenile Instructor, Vol. 29, No. 10 page 318. (Be careful, however, to distinguish the difference between praying for the sick and performing the ordinance of anointing with oil and the laying on of hands by the Elders.)” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 38)
Jun.: All bishops so far have been High Priests.
“Since the organization of the Church to the present, High Priests have universally been selected and appointed Bishops [except Edward Partridge?], and this procedure will probably continue until the Lord, through His authorized servants, shall designate the sons of Aaron.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 46)
Jun.: Two classes of Bishops.
“With reference to powers and jurisdiction there are two classes of Bishops:
1. General Bishops, and 2. local Bishops.
Among the general Bishops there are different grades; as (a) the Presiding Bishop over all the Bishops and Lesser Priesthood of the whole Church, which office is now held at this writing by Presiding Bishop William B. Preston and Counselors; (b) Bishops, whose jurisdiction is quite extensive or special, yet not over the whole Church, as the callings of Bishops Edward Partridge and Newel K. Whitney in the early days of the Church, and subsequently that of Bishop George Miler. (See secs. 41:9, 10; 72:8; 84:112, 113; 124:20, 21); and (c) Bishop’s agents, as Sidney Gilbert (Secs. 53:1-4; 57:6, 8-10, 14, 15).
Of the local Bishops there is but one grade of the class–Bishops of wards or small jurisdictions.
[Footnote:] The offices of special Bishops, and Bishops’ agents, provided for in the Doctrine and Covenants, are not now filled on account of the more perfect organization of stakes and wards. But should the necessity arise men would be appointed to fill them.”
(Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 46-48)
Jun.: Bishops as presidents of wards.
“The person who presides over a ward acts in two capacites; first, he is a Bishop in that he officiates in the Aaronic Priesthood; second, he is a President in that he acts as a High Priest, presiding over all councils, quorums, and members generally holding the Melchisedek Priesthood within his ward. A Bishop then virtually holds two offices: he is a President of the Lesser Priesthood of a ward, and also President of the Members, and of the High Priesthood generally, and of all auxiliary organizations within his jurisdiction. However, in the ordinary acceptation, the word Bishop covers both these grounds.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 47)
Jun.: Procedure for selecting bishops.
“The following is the usual procedure in selecting ward Bishops:
1. The Stake Presidency chooses a suitable man for the position.
2. The name of the person so chosen is presented to the High Council for approval. (Sec. 20:67.)
3. After being passed upon by the Stake Presidency and the High Council, the name is presented to the First Presidency of the Church.
4. If the First Presidency approve of the selection, the person is informed of his call, to ascertain if he accepts the appointment.
5. If he accepts, his name is presented to his ward.
6. Anf if the people approve, by their vote what has been done, he is ordained. (Sec. 124:141-144.)
The First Presidency, however, may appoint and ordain a person direct to this office, subject to the approval of the Saints.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 48)
Jun.: “Appoint” vs. “nominate.”
“The customary procedure in the Church today is for the Priesthood first to select and then by their vote appoint men for office. It is thus that the Presiding Priesthood express the mind of the Spirit. Afterwards the names of appointees are submitted to the conferences, to be upheld by the ‘confidence, faith, and the prayer of the Church,’ or to be rejected.
The word ‘appoint’ is more frequently used than the word ‘nominate.’ In rare instances, those whose right it is to present names for office, have waived their prerogative and given it to the members. But this is not the rule; it is rather the exception.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 80)
Jun.: Six types of courts, three being standing courts.
“There are three standing Courts or Judicial Councils established in the Church, known as
1. The Ward Bishop’s Court.
2. The Stake High Council; and the
3. Council of the First Presidency, (mainly a court of review).
Besides these regular courts, there are three other tribunals which, however, are convened but rarely, and then only for special purposes, namely:
1. The Presiding Bishop’s Court,
2. the Council of High Priests Abroad, and
3. the Traveling High Council of the Twelve Apostles. These are described in chapters 34, 35 and 36.”
(Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pa. 117)
Jun.: The Bishop’s Court.
“Of the many or the few difficulties which may arise in any community of Saints, only a small percentage find their way into the Bishop’s Court; and a fewer still, into other Church tribunals. The counsel is now as of old, for members to settle their own differences; but if they cannot do so, they are to call to their aid two or more of that great body of peacemakers, the Teachers, and with their friendly assistance bring about reconciliations. These and other agencies failing, the next step is the Bishop’s Court.
Constitution and Jurisdiction.–This tribunal consists of the Bishop of the ward and his two Counselors. Should one or both Counselors be unable to act on any particular case, the Bishop may choose one or two High Priests to sit with him. The jurisdiction of this court is limited to members of the ward presided over by the Bishop; unless upon a change of venue he is directed by the Stake Presidency to hold court in some other ward. The extreme penalty that can be inflicted by this court is excommunication from the Church, provided the accused is a lay member of holds only the Lesser Priesthood; but if the accused holds the Melchisedek Priesthood, he can only be disfellowshiped and his case referred to the Stake High Council for further action.
Procedure. The Complaint.–The first step taken in a trial is the making out or the submitting of a charge or complaint. This paper is a formal charge against a member of the Church by another member for dereliction of duty, for a wrong done, or for a crime committed. The person or persons making the charge sign their names to the document, which is then attested by the Bishop. The words ‘accuser’ and ‘accused’ are used to denote the parties in the trial, and are similar, respectively, to ‘plaintiff’ and ‘defendant’ in an ordinary civil case. (The Forms here presented, namely the complaint, the summons, the testimony of witnesses, the decision of Bishop’s Court, the notice of appeal, and the report to the High Council, are suggestive only).
. . . .
A Summons is a paper which cites the accused person to appear before the court to answer to the charges preferred against him. This document is signed by the Bishop and the Clerk. This paper should be placed in the hands of two Teachers for service, that they may testify if required that the accused has been notified to appear.
. . . .
The Trial is conducted by the Bishop, assisted by his two Counselors. The court is formally opened by prayer. The complaint is then read to the accused and he is asked to make answer to the charge. If his answer amounts to a plea of guilty, all that is then necessary is for the Bishopric to render a decision; buit if the answer is the reverse of this, the trial proceeds.
Witnesses are then examined to establish the charge, after which witnesses are examined on the side of the accused. The witnesses for either side may be re-heard and cross-examined. The accused and the accuser may each have the privilege of being heard on his own behalf.
. . . .
The Decision.–After all the evidence is heard a decision is rendered by the Bishop, which should be in writing, and a copy of which should be given to the parties. If the Bishop and one of his Counselors agree, the decision is valid; but if both Counselors disagree with the Bishop, there is no decision in the case, and it must be retried or go to the higher court.
Appeal.–Either of the parties not satisfied with the decision may appeal to the High Council.
. . . .
Disfellowship and Excommunication.–If the decision is that the accused be cut off from the Church, and he is a lay member of holds only the Aaronic Priesthood, then the case ends with the Bishop’s Court. But if the accused holds the Melchisedek Priesthood, the Bishop’s Court has authority only to withdraw the hand of fellowship. Such action is immediately reported to the High Council of the Stake, and that body decides whether or not he is to be severed from the Church on the findings of the lower court. In case a report is made to the High Council the following form may be used: . . . .
The Steps to be Observed in the course of a trial may be summarized as follows:
1. The complaint is drawn up and signed by the accuser and attested by the Bishop. (Form No. 1).
2. The summons is issued, in which a reasonable time is given for the accused to appear for trial. (Form No. 2).
3. When ready for trial, the court is opened with prayer.
4. The complaint is read and the accused is asked to plead, if his written answer is not already filed.
5. If he plead ‘guilty,’ judgment is rendered.
6. If he plead ‘not guilty,’ the trial goes on.
7. Witnesses are examined to establish the truth of the charge.
8. Then witnesses are examined for the defense, and the accused may also testify in his own behalf.
9. The evidence of each witness is taken in writing by the clerk. (Form No. 3).
10. The testimony is read to the witness, errors corrected, then the witness signs it.
11. After all evidence is given, the Bishopric render their decision.
12. The decision is written on a blank paper prepared for that purpose. (Form No. 4).
13. The accused should receive a copy of the decision.
14. If the accused holds the Melchisedek Priesthood, and the Bishop’s Court recommend that he be excommunicated, a report is made at once to the High Council. (Form No. 5).
15. All papers entered in their consecutive order in a book kept for that purpose, make a complete record of the case.”
(Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 119-123)
Jun.: Stake High Council.
“Organization.–Twelve High Priests constitute this body. They are presided over by the Stake President, assisted by his Counselors, or by either of them. The first High Council of a stake is organized by the First Presidency, or by one or more of the Apostles acting under their direction. Afterwards vacancies are filled by the appointment of the Stake Presidency and sanctioned by a Council of the Priesthood convened for that purpose, or by the voice of a general stake conference. The High Council of a stake, in all its constitutional details and procedure, is patterned after the High Council first organized, February 17, 1834, at Kirtland, Ohio, and presided over by President Joseph Smith, Jr., for a number of years.–Sec. 102.
Alternate High Councilors.–Besides the regular members of the Council, there are a number of High Priests, usually six, who have been set apart as alternate High Councilors. These attend all sessions of the Council and take the places of absent members.
Its Functions are largely judicial, yet important legislative and executive powers are conferred upon it. Cases may be reviewed, or reheard on appeal from the Bishop’s Court, or they may begin there; thus the High Council has both appellate and original jurisdiction. It is the rule, however, that only the most important matters of stake or ward concern shall come before this assembly. When decisions are made by this council upon questions entirely within its jurisdiction, and when its members are unanimous, and there have been no irregularities, such decisions are final.–Sec. 102:21, 22.
In an Appeal from the Bishop’s Court, there are three modes of procedure:
1. If the testimony from the lower court is satisfactory to both parties, the Council may either affirm, reverse, or modify the decision of the Bishopric.
2. If the testimony is object to by either of the parties, the Council may hear the case over again, as if it had never been heard.
3. If the Council shall discover irregularities, or find that new testimony could be adduced, it may remand the case back for re-hearing in the Bishop’s Court.
An appeal may be taken also from a Stake High Council to the Council of the First Presidency, who may review the proceedings, and if there have been irregularities, order a re-hearing.*
[*Footnote:] Appeal to the First Presidency.–‘It is well understood by the Saints that if the accused in a case brought before a Bishop’s Court is not satisfied with the decision, he can appeal to the High Council of the Stake and have his case submitted to the judgment of 15 impartial men, who are able to judge whether the decision of the Bishop is just or not. From the decision of the High Council the case can be appealed to the First Presidency, and if they discover any irregularities in the proceedings in either court, they can order a rehearing of the case. The Lord has provided sufficient safeguards for the protection of the rights and privileges of His Saints.’–See decision of the First Presidency in the Rydman case, Deseret News, April 4, 1903.
Co-ordinate Powers.–‘The standing High Councils at the Stakes of Zion form a quorum equal in authority in the affairs of the Church in all their decisions to the quorum of the Presidency, or the traveling High Council.’ (Sec. 107:36.) Only matters pertaining legitimately to stake and ward government and policy, however, can be at all considered by a standing or fixed High Council of a stake. Notwithstanding the fact that the decisions of a Stake Presidency and High Council, when made in righteousness, are of force equal to that of the First Presidency or the traveling High Council of the Twelve Apostles, stake authorities should, and they generally do, take counsel and advice uopn questions that are obscure and difficult.
Number Authorized to do Business.–Of the regular Counselors, the least number authorized to do business is seven; and even this number is not empowered to act alone, further than to complete the Council of twelve. This they do by assigning the Alternate members places, or appointing other High Priests to act for absent or disqualified regular Counselors.
Voted: that the High Council cannot have power to act without seven of the above named Counselors, or their regularly appointed successors are present.
These seven shall have power to appoint other High Priests, whom they may consider worthy and capable to act in the place of absent Conselors. (Sec. 102:6, 7)
Procedure of High Councils.–Cases involving the standing or fellowship of members of the Church, are brought before the Council, (1) on appeal from the Bishop’s Court, or (2) by citation from the Council based on an original charge or complaint.
When a High Council is organized, the twelve Counselors are divided equally by lots. Those drawing even number, that is: 2, 4, 6, 8, 10, and 12, are to stand up in behalf of the accused or defendant, to prevent injustice or insult; not, however, to take sides as an attorney would advocate the cause of his client. Those members drawing odd numbers are to take the part of the accuser or plaintiff.
Whenever the Council convenes to consider any matter, the twelve Counselors determine by vote whether it is a difficult case or not. If it is not, only two speak, one for each side; if it is, then four are appointed; and if still more difficult, then six. But in no case are more than six appointed.
The accused is then asked to make answer or plead to the charge against him, which may be made orally or in writing. If the answer amounts to a plea of not guilty then the trial proceeds. If the accused pleads guilty to the charge, a decision is at once given without further investigation.
If the trial proceeds, evidence is introduced through witnesses and otherwise.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 124-126)
Dec., 1894: Stake High Council procedure.
“The following items on procedure, except the paragraph headings, are taken from a very helpful and thoughtful article on ‘Stake high councils,’ by Elder John Nicholson, published in the Weekly Deseret News, December, 1894, vol. 50, page 57:
Jurisdiction of the Council.–The tribunal has appellate as well as original jurisdiction. The appeal cases originate in the Bishops’ Courts. When either of the principals in a trial before one of the latter courts is dissatisfied with the Bishop’s decision and desires to appeal to the High Council of the Stake, he must show proper grounds as a reason for the appeal, and if they are deemed sufficient the minutes of the proceedings are sent up to the appellate court. Unless the reasons given for the action of appeal are trivial or frivolous, the request is granted. Should the Bishop, however, refuse to grant an appeal, the applicant may complain to the President of the Stake, by whom it will be submitted to the High Council. If that body decides that an appeal should be granted, the President will direct the Bishop to show cause why he should not be required to grant it and to send up the minutes of the proceedings had before him in the case.
Procedure in Appeal Cases.–In a case which comes up in the Council on appeal, the minutes of the trial before the court in which it originated are read. (1) If it appears to the court that the papers are insufficient to give a full and clear understanding of the matter, it may decide to investigate the case on its merits, but no witnesses who were not examined before the Bishop’s Court are allowed to be introduced, the object of the appellate proceedings being to determine whether or not the decision of the original court ought to be sustained or otherwise. (2) If during the investigation it should appear that either of the parties can and desires to introduce new witnesses who can give additional and vital testimony, the case may be sent back to the Bishop’s Court in order to give that tribunal an opportunity to determine whether or not the new evidence would cause him to change or alter his decision.
Organization for Trial.–Before entering upon the trial of a case, the Council is duly organized. The twelve High Councilors are arranged in two semicircles, each composed of six members. In this shape one-half the Councilors face the other half. Each regular member has a permanent number–from one to twelve–and he occupies a position according to it. The six odd numbers comprise one half-circle and the even the other. There is a space between the ends of the two semicircles, and the Presidency of the Stake are seated at the upper opening, while the lower one is reserved for the witnesses while they are engaged in giving testimony. After the work of organization is completed, the proceedings are opened with prayer.
The Complaint Read.–The President asks each of the parties to the case if he is ready to proceed to trial. When the answer is affirmative, as it usually is, the complaint, or charge, which is in writing and has been previously placed in the hands of the clerk of the Council, is read.
Speakers Chosen.–It is decided by vote of the Council how many speakers there shall be on a side. When the case is important, it is usual to have two. The speakers are selected in rotation, according to number. The accuser takes a position in the odd number semicircle, between his speakers, while the accused is similarly situated on the even number side.
The duty of the speakers is to advise the respective parties as to their rights and privileges, and to protect them against irregularities and injustice.
Accuser and Accused Speak.–The accuser is given the privilege of making a general statement of his case, and the defendant is accorded an opportunity to speak on his own behalf in reply in case he does not admit the correctness of the charge. Then follows the examination of witnesses, first for the accuser and then for the accused.
Examination of Witnesses.–Each witness is subjected to such interrogation as may be necessary, by the party introducing him, and may be cross-examined by the other side uon any matter adduced in the course of the examination-in-chief. These proceedings are participated in by the respective speakers, and also, under proper rules, by other members of the Council and by the Presidency, the object being to obtain a clear understanding of the case, that the decision may be according to equity and justice.
Review of Case by Speakers.–After all testimony is in, the President announces that the Council is ready to hear the speakers. It is deemed improper and inconsistent with the genius of the tribunal for the speakers to strain after points in favor of the particular side of the case represented by them, the central object being the ultimate arrival at a just conclusion as to the merits of the matter in dispute. They are expected, however, to briefly review the evidence and fairly explain points that are favorable to the side of the controversy with which they are for the time being associated.
Summary.–When the speakers conclud their remarks the President informs the accuser that he has the privilege of presenting his own case, in a brief summary of the testimony. The accused is then accorded a similar opportunity.
Decision of the President.–It is the duty of the President to formulate and announce the decision, which must be justified by the evidence. Without sufficient proofs–no matter what may be the private opinions of the members of the court as to the guilt or innocence of the accused–no man can be properly condemned. When the decision is announced, it is determined by the vote of the Council whether it shall be sustained. When a majority vote is in favor of it, it stands.
(Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 129-130)
Jun.: First Presidency as a judicial council.
“How Constituted.–This Council is the highest of all. It consists primarily of the President of the Church and his two Counselors, who constitute a body competent to decide any and all cases that may arise in the Church. However, if, for any important reason, the Presidency desire assistance, they ‘shall have power to call other High Priests, even twelve, to assist as Counselors.’–See sec. 107:79.
Probably the most notable case adjudicated by a court of this character was the difficulty existing between members of the Salt Lake Stake of Zion and the Utah Stake, regarding the waters of Utah Lake and their flow in the Jordan river. President John Taylor convened this court and its Counselors were High Priests from each Stake especially appointed to determine this particular matter.
Jurisdiction.–This Council or Court is co-extensive with the jurisdiction of all other councils and courts of the Church; that is, it may take notice judicially of a matter concerning any member, officer, or organization; in other words, it has original jurisdiction. But its most important function is that of a Court of Appeal. (See sec. 102:27.) It reviews, on appeal or writ of error, the final decisions of any of the Church courts. And if it discovers any irregularities, errors or omissions in the findings of any of these tribunals, it may order a rehearing. On the other hand, if it finds that any case which has been appealed was regularly heard, and was decided upon the facts and according to the laws of the Church, it will affirm the same, and its decision is final. ‘Thus, none shall be exempted from the justice and laws of God, that all things may be done in order and in solemnity before him, according to truth and righteousness.'” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; pp. 131-132)
Jun.: Special court: Presiding Bishop’s Council.
“Should the occasion ever arise that one of the First Presidency must be tried for crime or neglect of duty, his case would come before the Presiding Bishop with his Counselors, and twelve High Priests especially chosen for the purpose. This would be a tribunal extraordinary,–from which there is no appeal.” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 133)
Jun.: Special court: Council of High Priests Abroad.
“This council was instituted for the adjustment of important difficulties, and for meeting emergencies which might arise outside of the organized Stakes of Zion. It is now unnecessary as there is ample provision for all cases in the regular organizations of the Church.
No common or ordinary case was to be sufficient to call such council. Should either of the parties be dissatisfied with the decision they might appeal to the High Council of the seat of the First Presidency, and have a re-hearing. The procedure of this tribunal is similar to that of a Stake High Council.–Sec. 102:24-31)” (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 135)
Jun.: Special court: Traveling High Council (Twelve).
“This Council when abroad may take notice of any question pertaining to the Kingdom of God, judicial or otherwise. Within their sphere of action their decisions, if made in righteousness, are final and admit of no appeal. They can, however, be called to account in two ways: (1) by the First Presidency in case of transgression, (sec. 102:30-32) and (2) by a general assembly of the several quorums forming the spiritual authorities of the Church, in case their decision is made in unrighteousness. (Sec. 107:32.)
The Twelve as a Council ‘form a quorum, equal in authority and power to the three Presidents previously mentioned;’ that is, the quorums of the First Presidency.” [Keeler lists two trials conducted in this manner, 1835 and 1843.] (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1904 edition, Jun., 1904; p. 136)
1906 Edition:
Jan.: Deacons may ordain other deacons.
“Deacons may ordain persons to the office they themselves hold, when so directed by proper authority, but not to a higher office.” [The words “when so directed by proper authority,” were added to the 1904 edition.] (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1906 edition, p. 31)
1929 Edition:
Sep.: Deacons and Teachers no longer able to ordain.
The phrases “Deacons may ordain persons to the office they themselves hold, when so directed by proper authority, but not to a higher office,” and “The Teacher may Ordain persons to the office of Teacher and of Deacon. The Deacon may ordain others to the office of Deacon, provided these officers are so directed by the proper authority,” which were present in the 1906 edition, were deleted in the 1929 edition. There is no indication in the 1929 edition that the deletion was made. (See pp. 42 and 48 of 1929 edition.) (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1929 edition)
Sep.: Apostles represent 1st Pres. in selecting bishops.
The phrase, “In the selection and ordination of ward bishops Apostles often represent the First Presidency,” was added to the section on “Selecting Ward Bishops.” Otherwise the procedures listed are identical to the 1904 and 1906 editions. (Joseph B. Keeler, The Lesser Priesthood and Notes on Church Government, 1929 edition, p. 67)