The judicial powers of the church are vested in the ordinary bishop's court, the standing high councils of the stakes of Zion, temporary high councils of high priests abroad, the Traveling Presiding high council, which is also the quorum of Twelve Apostles, and a special court consisting of the presiding bishop of the chuch and twelve high priests—of which more is to be said presently—and finally in the Presidency of the church.
Church discipline requires that in case of difficulty between members, every effort shall be made by the parties aggrieved with each other to become reconciled. Failing in this they are required to call in others to bring about a reconciliation, but if through that means a settlement of the case is impossible the matter goes to the bishop's court on the complaint of the party aggrieved, and there the case is heard on testimony and a decision rendered. The bishop's court is the first or lowest court of the church, and the bishop is known as the common judge. In the event of the parties or either of them being dissatisfied with the decision of the bishop, an appeal lies to the high council of the stake, where a re-hearing is given to the case. The organization of the high council is worthy of consideration. It is composed of twelve high priests, presided over by the Presidency of the Stake.12 The high council cannot act unless seven of its members are present; but seven have the power to call upon other high priests to act temporarily in the place of absent councilors. Whenever a high council is organized, the twelve members draw lots for their places. Those who draw the even numbers—two, four, six, eight, ten, twelve—are to stand in behalf of the accused; those drawing the odd numbers in behalf of the accuser. In every case the accused has a right to half the council, to prevent injury or injustice. The councilors who represent the accused and accuser respectively, do not become partisans bent on winning their case irrespective of its righteousness or justice; on the contrary every man is to speak according to equity and truth; and aside from that is merely to see that each party to the issue involved has justice accorded him and that he be not subjected to insult or injury.
Whenever the council convenes to act on any case, the twelve councilors are to consider whether it is very difficult or not. If it be not a difficult case, then only two of the councilors, one for the accused and accuser respectively, are appointed to speak. But if the case is accounted difficult, then four are appointed to speak; if still more difficult, six; but in no case are more than six to speak. In all cases the accuser and accused are to have the privilege of speaking for themselves, after the evidence is all in, and the councilors appointed to speak have all spoken. The evidence all in, the speakers for the accused and the accuser having spoken, as also the accused and the accuser, the president gives a decision according to the understanding that he has of the case and calls upon the twelve councilors to sustain it by vote. But should the councilors who have not spoken, or any one of them, discover an error in the decision of the president, they have the right to manifest it and the case has a re-hearing. If after a careful re-hearing, additional light is thrown upon the case, the decision is altered accordingly. But if no additional light is given the first decision stands unaltered. Such are the general outlines of the organization of a high council and the manner of procedure before it.
There are three kinds of high councils in the church. They are similar in organization, and the manner of procedure is practically the same before them all; but they differ in authority and jurisdiction.
I. The Traveling High Council. This council consists of the Twelve Apostles of Jesus Christ. They are a traveling, presiding high council; and, laboring under the direction of the First Presidency of the Church, they have the right to build up the church and regulate all the affairs of the same in all the world. Whenever they sit as a high council, there is no appeal from their decisions—that is, they can only be called in question by the general authorities of the church in the event of transgression.
II. The Standing High Councils at the Stakes of Zion. The church is divided into branches or wards with appropriate officers; and these branches, wards, and settlements of the Saints are grouped into stakes of Zion. In each stake there is a standing high council, limited in its jurisdiction to the affairs of that particular stake where it is located.
III. Temporary High Councils. The high priests abroad, that is, outside of the organized stakes of Zion, whenever the parties to a difficulty, or either of them demand it, and the high priests abroad deem the case of sufficient importance to justify such action, are authorized to organize a temporary high council to try the case. The council is to be organized after the pattern and proceed in the same manner as those at the stakes of Zion. If the decision of any high council—except that of the Traveling, Presiding High Council—is unsatisfactory, an appeal lies to the First Presidency, who take such steps in the case as wisdom and the Spirit of the Lord indicate. But whatever their decision is it is final.
The special court referred to a moment ago—consisting of the Presiding Bishop of the church and twelve high priests especially called for each occasion—I must not neglect to mention, for the reason that it exhibits the fact that no one in the church is so exalted but he is amenable to the laws and courts of the church, as well as the humblest member. This special court is called into existence for the purpose of trying the President of the High Priesthood, who is also the President of the church, if he should be found in transgression. It may investigate his conduct, subject him to the most rigid examination, and if the evidence showed him to be in transgression the court could condemn him and its action would be final, from its decisions he would have no appeal.13
Thus none, not even the highest, is beyond the operation of the laws and councils of the church. However great and exalted any single officer of the church may be, the church and its system of government is still greater and more exalted than he; for though the President of the church is God's mouthpiece—God's viceregent on earth—yet he may be tried and his conduct inquired into by this court to which I have called attention. Therefore if the time should ever come that the church should be so unfortunate as to be presided over by a man who transgressed the laws of God and became unrighteous (and that such a thing could be, and that the President of the church is not regarded as infallible is quite evident from the fact that provisions are made for his trial and condemnation); a means of deposing him without destroying the church, without revolution, or even disorder, is provided in the church system of government.14
Of course the only punishment which is within the power of the church to inflict if the decisions of its councils or courts are not respected, is to disfellowship or excommunicate such offenders. In the former case the transgressor is merely suspended from the privileges of church communion; this punishment may be inflicted by the bishop, until satisfaction is made. In the latter case—excommunication—the person absolutely loses his membership in the church, together with all the priesthood he holds; and if he ever regains a standing it must be by baptism and confirmation as at first. To those who hold lightly their standing in the church, suspension of fellowship, or excommunication has no especial terror; but to the man of faith, whose full hopes of eternal life with all its advantages stand or fall with his standing in the church of Christ, no greater punishment can threaten him. The punishment of excommunication is a serious one in the estimation of the faithful, and since man in his imperfect state is influenced to righteousness by his fear of punishment, as well as by his hope of reward, the punishment of excommunication has a wholesome effect in preserving the discipline of the church.
Such, in brief, is a description of the judiciary system of the church, and also of the church itself. And as one contemplates its completeness and its efficiency; the arrangements made for carrying on the work of God within the organized stakes of Zion and throughout the world—both at home and abroad—the wonder of it all grows upon him. And furthermore, a contemplation of the church judiciary system, the elaborate and yet inexpensive15 arrangements made for dealing out even-handed justice to all, and making all, even the highest, amenable to its courts and its laws—gives intense meaning to the emphatic question of Paul—"Dare any of you having a matter against another, go to law before the unjust and not before the saints?" and also bears strong testimony to the