CHAPTER XLII.

Remarks by the Editor.--Lorenzo writes to George Q. Cannon.--Makes

suggestions concerning the illegal assessment.--Letter two.--What

Lawyer Sutherland says.--Letter three.--A description of Scrip.--How

used.--Affidavits.--Correspondence.--Joseph F. Smith writes.--Lorenzo

responds.

In connection with the raid heretofore described, the diabolical

swindle of O. J. Hollister, United States assessor and collector of

internal revenue, by levying an assessment of $10,200 on the scrip

used by the association as a circulating medium in their business

departments, burst, like a thunderbolt, on the Brigham City Mercantile

and Manufacturing Association.

Hon. George Q. Cannon, Delegate, in Washington, to whom the following

letters were addressed, generously tendered his services in behalf

of the association. The following letters, copied from my brother's

journal, explain:

Brigham City, December 23, 1878.

_Hon. George Q. Cannon, Washington, D. C_.:

Dear Brother.--Yesterday I was informed by Mr. Webber, secretary of Z.

C. M. I., that you had telegraphed to the effect that United States

Commissioner Raum had about decided that "bills" under consideration

were taxable; and that two lawyers, Shellabarger and Wilson, in

Washington, had proposed to undertake the case of Zion's Co-operative

Institution for four hundred dollars, and, provided they win, one

thousand in addition; and that they would undertake our case for

two hundred dollars, and, if successful, an additional five hundred

dollars. I understand Zion's Co-operative has decided to accept the

proposition, and I write to say that if you see the least shadow

of prospect, please employ those lawyers in our behalf, and on you

communicating to me by letter or telegram, I will forward you a draft

of two hundred dollars, forthwith; and, if they succeed in our case,

will be responsible for the additional five hundred dollars.

Can you get payment of our assessment deferred till a decision is

reached? And how soon shall we be obliged to pay, on receiving notice,

etc.?

God bless you, my dear friend and brother,

Lorenzo Snow.

Brigham City, January 7TH, 1879.

_Hon. George Q. Cannon, Washington, D. C_.:

Dear Brother.--To-morrow I will mail you a brief, sworn to by the

president and directors of our association, and some affidavits for the

benefits of our counsel, and will send others as soon as they can be

obtained.

We have consulted Lawyer Sutherland, of Salt Lake--giving him a view

of our case. He expressed himself sanguine of winning, could he have

had the entire management; said he was acquainted with our counsel in

Washington; spoke highly of their abilities, and said if they failed

in our case, which is a peculiar one, the failure would occur through

lack of time and proper attention, and not thoroughly looking into the

real merits of the subject, sufficiently to make a just, true and full

presentation, and should, by no means, be mixed up with any other case,

as it embraced features entirely distinct, and of a weighty character,

in our favor, etc., and that our counsel should demand sufficient time

to get in all our testimony and affidavits, if it took the whole year;

and they should send copies of the affidavits against us, that we might

get up rebutting testimony.

I wish our counsel would inform us immediately what information and

affidavits they require--also send copies of affidavits made against us

that require rebutting testimony.

We feel that we have a right, and we claim it, to have a fair, full and

impartial investigation, which, if allowed, we fully believe, will give

a decision in our favor, and if not allowed, will prove ruinous to our

association.

Should we ask our counsel if they think it would be advantageous to

employ Lawyer Sutherland to work up our case here for them, they,

perhaps, would answer in the affirmative, as it might save them

time and trouble, which would almost commit us to the necessity of

gratifying their interest. Please suggest the idea, and let us know,

from you, their opinion. We would have to pay Lawyer Sutherland

one hundred dollars to begin with, and if circumstances required a

continuation of his labors, an increase of pay would be demanded.

Do those lawyers want further information? Do they want more

affidavits, and on what points? Please have them send immediately a

statement of what they want, and demand time for a fair, truthful and

impartial investigation. This is all we wish, and this we insist upon

and claim as our right; and if not allowed will do us a most serious

injury.

Respectfully,

Lorenzo Snow.

Brigham City, January 13TH, 1879.

_Hon. George Q. Cannon, Washington, D. C_.:

Dear Brother.--I write you now with a view of furnishing such

information as I apprehend may be useful to our counsel, in reference

to the general character and object of our association and our manner

of business, so far as concerns our "bills" and their circulation. We

aim in our brief and affidavits to establish two points:

First--That our currency has been limited in its circulation to our

association--that the officers and agents of the association have never

been authorized to pay it out to other parties.

Second--That it does not represent cash or legal money, and has

never been paid or received as cash, or in lieu thereof, and has no

authorized cash value.

There is possibly another point I ought to suggest for the

consideration of counsel. I think the law requires the assessor to make

returns at stated times--I think once in six months. Mr. Hollister made

no call upon us for report till last October, and a few days after

called personally at our office, examined our books, and in making out

his assessment list went back as far as 1875. Has he a legal right to

collect back taxes?

There may be other points that our attorneys will wish to argue, and

would like information, testimony or affidavits relative to, which, if

they will inform us, we will endeavor to furnish.

Respecting the first point, the limitation of scrip circulation,

the law makes bills taxable if "paid out"--that is, if a bank or

corporation pay its bills "out" to other parties, it thus renders

itself liable. But the peculiarities of our association--its aim and

policy--did not pay "out," but, as seen and fully expressed upon all

of our home department bills, being over nine-tenths of the amount

reported for assessment, instead of being "paid out," has been "paid

_in_," and its circulation confined within itself--within its own body

or person.

Our association is, in its organized business capacity, a person,

and, as such, it simply uses the scrip as a medium of exchange within

itself, for such articles only as it produces.

Our main object in making our bills payable only to employees and

stockholders, was this: We commenced with but little capital, the

people being, with scarcely an exception, very poor, some of them

almost destitute of means of living. We succeeded, after many years

of toil and perseverance to establish a tannery, boot and shoe shop,

woolen factory, and afterwards various additional minor branches of

industry were added, and have been fourteen years reaching our present

financial condition. It required nearly as much outlay of cash to

operate those main branches of industry as all the other departments

together, which made their products much nearer cash value than those

from the other departments. We have not been able to make leather for

sale, but are obliged to purchase more or less of imported, to supply

our shoe department. From these departments we have produced but very

little more than is required by the members and employees of our

association, who number nearly fifteen hundred.

Before the tax law was so amended as to affect co-operations, we issued

to employees and stockholders unrestricted bills, but found serious

trouble by persons not interested in our institution receiving them,

and requiring payment in the articles that were nearest to cash, and

which we could scarcely supply ourselves. People abroad knew that

Brigham City Mercantile and Manufacturing Association had a tannery,

boot and shoe shop, and woolen factory, and innocently imagined that

when they had a demand on our institution it meant payment in any

articles from any one of those departments they wished; and thought

they were greatly wronged if they were refused. To remedy this

difficulty we called in all that class of bills--determined in future

to keep them at home; therefore, when we commenced the new issue we

printed upon the face, "Good only to employees and stockholders." These

bills are, among us, called "Home D." _i. e., good for articles made in

our home departments_.

There are forty of these departments, each having a foreman, who

reports the time of the employees, weekly, to the secretary, who pays

them in these Home Ds. for five-sixths of their labor, and one-sixth in

the scrip representing merchandise, samples of which we enclose; and

refer you, also, to the petition presented to the commissioner.

The secretary, superintendent and every officer and agent of the

association are strictly forbidden to dispose of these Home D. bills

to any other than employees and stockholders, or to receive them from

any other party. I think this rule has been observed as to paying

out, but in some isolated cases, when persons, through ignorance

or misrepresentation, have been imposed upon, in taking our bills,

they have been received and redeemed, but only through protest and

compromise.

Again, our employees are almost exclusively stockholders or members

of a family whose head is a stockholder. You will see in our petition

that the object of our association was to furnish employment and

opportunities for learning trades and for reasonable remuneration for

labor, which, up to the present, is about all we have been able to

accomplish.

Mr. Hollister will probably endeavor to prove by affidavits, that we

"pay out" our bills to other than stockholders and employees; and he

may find some such who have had our bills; but I think no one will

testify under oath that he received them from any authorized agent, or

that they were redeemed without protest and injunction not to take them

again, etc.

Our store scrip is not limited in circulation by specification on its

face, though in fact it does not circulate outside our institution--it

is used to pay employees, and is good only for just what it calls for;

it comprises little less than one-tenth of the bills reported for

assessment.

A great distinction exists between these two classes of bills. The

store bills being good for any imported article in our store, while

the Home D. is not presentable at this department, and in no instance

has it ever been redeemed in such articles. In one respect, however,

these two classes are similar, to wit: neither of them is ever paid

or redeemed in cash or legal money, by any officer or agent of the

association. We pay and redeem in the kind designated upon the face of

the bills, and in nothing else.

We have done business to a considerable amount with outside

parties--the Utah Northern Railroad Company, the superintendent of the

_Ogden Junction_ printing office, the _Deseret News_ and _Salt Lake

Herald_, etc., and could get affidavits from those parties showing we

have never paid them our bills, but have given them direct orders to

draw on departments agreed upon.

If our counsel cannot relieve us of assessment on both classes of

bills, they may think it policy to separate them, and only claim

abatement on the "Home D." bills which, if allowed, would probably save

over $8,000.

The counsel will notice that the "Home D." bills are characteristically

different from bills issued by any other co-operation.

Yours affectionately,

Lorenzo Snow.

We copy the two following affidavits as specimens of many others that

were forwarded to Washington:

Territory of Utah,

Box Elder County,

_ss_.

January 28th, 1879.

Robert L. Fishburn, of Brigham City, in said county and Territory,

being duly sworn according to law, deposes and says that he has

occupied the position of chief clerk in the mercantile department of

Brigham City Mercantile and Manufacturing Association, during several

years last past, and that he has never received, nor known any other

clerk, secretary, superintendent, officer or agent of said Brigham City

Mercantile and Manufacturing Association to have received, by way of

exchange, or by way of payment for cash, or any legal tender, the scrip

used by said association.

Robert L. Fishburn.

Sworn and subscribed to before me, this 28th day of January, 1879.

John D. Burt,

Probate Judge, Box Elder County.

Territory of Utah,

Box Elder County,

_ss_.

James Pett, superintendent woolen factory; Charles Kelley,

superintendent boot and shoe department; I. C. Nielson, superintendent

cabinet department; O. W. Stohl, superintendent tailors' clothing

department; all of Brigham City Mercantile and Manufacturing

Association, of Brigham City, county and Territory aforesaid, being

duly sworn according to law, depose and say that we are, and have been

for a number of years last past, the salesmen of the articles made in

our respective departments, and that we have exchanged the greater part

of said articles for the scrip used by said association, which scrip we

have never recognized as possessing a cash value, and have never known

an instance in which said scrip has been received for cash or redeemed

in cash.

James Pett,

Charles Kelley,

I. C. Nielson,

O. W. Stohl.

Sworn and subscribed to before me, this 28th day of January, 1879.

John D. Burt,

Probate Judge, Box Elder County, Utah.

All efforts proved futile; "the powers that be" are opposed to union

and progress, and justice was not to be obtained by legal process.

Those people were forced to borrow ten thousand two hundred dollars

to meet an illegal, oppressive tax (which they paid under protest)

which, in reality, was nothing but a swindle, concocted and enforced by

heartless, unprincipled demagogues.

The note following is the honest expression of a broad and generous

heart, and worthy of preservation as a memorial of brotherly love:

Salt Lake City, OCTOBER 21ST, 1879.

_Elder Lorenzo Snow_:

My Dear Brother.--I have always felt, since the burning of your

factory, very sorry for your misfortune, and have often thought that

it would only take a few dollars from each of the many friends of home

industries to make you whole. The accompanying ten dollars does not

begin to express the extent of my sorrow, but I trust you will accept

it as a free-will offering from the not over abundant cash resources of

Your brother in the Gospel,

Joseph F. Smith.

Response:

Brigham City, October 23d, 1879.

_Dear Brother Joseph_:

I received your kind letter of the 21st inst. this morning, with the

enclosed ten dollars as a donation to Brigham City Association, in view

of our misfortunes. This token (so unexpected) given as manifestation

of your interest and sympathy, made me feel as though I wanted to

relieve my heart with a good, old fashioned cry; however, I retired

to my private room, where "prayer is wont to be made," and, with your

letter open in my hand, I poured out from the depths of my soul my

feelings of gratitude and thanksgiving to our Father in heaven for the

faith and encouragement which your expression of interest and sympathy

had awakened in my bosom.

I feel strong within me that your blessing and interest, like the

"widow's oil," will multiply your "ten dollars" into thousands until we

are relieved of our embarrassments.

Respectfully yours, in the Everlasting Covenant,

Lorenzo Snow.

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