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Church and State Tussle Over the Papers of Leonardj SUNSTONE NEWS CHURCH AND STATE TUSSLE OVER THE PAPERS OF LEONARDJ. AWNGTON ON 11 OCTOBER 2001, amid The first indication that the Bitton, and Brigham Madsen, great fanfare, the Memll Library ownership disputes might be- quickly rushed to Amngton's at Utah State University officially come acrimonious came the next defense. In a Tribune op-ed opened the Leonard J. Amngton day as Church attorneys dis- column, May wrote: "Let no Historical Archive, an extensive closed to the press that Amngton one be mistaken. Leonard J. collection of notes, papers, di- had signed an agreement to the Anington was a humane, gen- aries, books, and documents do- effect that, after his retirement, erous, careful scholar, thor- nated by the late LDS Church he would return to the Church oughly honest both in his use ~istorian.The collection, con- any copies or transcripts of jour- of and handling of historical Leonard J. Arrington sisting of 658 archival boxes and nals or diaries he had acquired or documents and in his research Nearly three years aJer his death, the valued at over $100,000, docu- commissioned as Church and writing. In my judg- late DsChurch Historian is still at the mented every aspect of Historian. The 26 October ment [the Church's] concerns center of the debate about open access Amngton's life, career, and re- Deseret News reported the timing could have been handled in a to historical documents. search. (For the archive's scope of this announcement was very way that did not impugn the and list of contents, see upsetting to USU legal counsel integrity of the former Church historical department and <www.usu.edu / specoll manu- Craig Simper: "This is exactly the Historian." later-after Amngton's retire- script/Amngton/LJAHAl/scope./ ment-a transcriptionist paid by html>.) the Mormon History Trust Fund, The celebratory mood did not 'This is exactly the kind of documentation an account created and main- linger long, however. On 15 that I asked the attorney for. days ago, tained by Amngton's and other October, four days after the and I got no response whatsoever. historians' royalties. Church rep- opening, eight LDS Church resentatives had presented to Archives' workers began a four- Now they leak it to the press, and we have to USU officials a separate agree- day examination of the collec- play it all out in public. ." ment signed by Amngton in tion. And on 24 October. Church -CRAIG SIMPER, USU attorney 1989 regarding the Romney tran- and university officials released a scripts that had led the university joint statement declaring the to turn over forty-five bound Church "has learned that the kind of documentation that I THE DISPUTED DOCUMENTS copies of the Romney transcripts Amngton collection includes asked the attorney for the church two years earlier. However, this some private and confidential to produce some days ago, and I THE day after the story broke, new search of the collection materials which the church be- got no response whatsoever. USU provided a list of materials turned up another copy of the lieves are owned by the church Now they leak it to the press, and the Church had asked them to Romney transcripts. According or its affiliated entities, and not we have to play it all out in sequester. The list involved doc- to Ronald Esplin, current man- owned by Leonard Amngton or public. All I can say is this merely uments from 148 of the collec- agng director of the Joseph subject to his disposition." At this starts the discussions. It certainly tion's 658 boxes, including Fielding Smith Institute for same time, usu officials said they doesn't end them." minutes from meetings of the Latter-day Saint History at had agreed to "temporarily se- Upon examining the docu- Council of the Twelve, minutes Brigham Young University, no quester" some of the material ment, Simper acknowledged that from the School of the Prophets, one knows how this extra copy until ownership issues could be Amngton did indeed sign an letters, journals, and diahes of of the Romney materials came resolved. agreement on 8 July 1980, but past Church Presidents Brigham into the collection that went on usu provost Stan Albrecht in- Simper didn't concur with Young, Lorenzo Snow, Wilford public display, whether it was dicated to the Salt Lake Tribune Church attorneys and historians Woodruff, and Joseph F: Smith, USU archivists or Amngton him- that the Church was concerned whether the agreement covered and similar papers of other self who authorized the addi- primarily with three categories of the disputed material. Church leaders, including tional copy. material: "papers it says The disagreement between Hymm Smith, Samuel Smith, Amngton had access to but was the Church and usu seemed to Heber C. Kimball, Willard RAMPANT SPECULATION never given permission to copy; many Amngton friends to un- Richards, and Edward Partridge. material sent to Amngton in his fairly question the historian's in- A subset of the larger dispute AFTER the initial flurry of an- official capacity as church histo- tegrity by raising the question, concerned an extensive set of nouncements, little else emerged rian; and material created or gen- did Amngton actually do what he transcripts created by Edyth from official channels for the erated by Amngton in that promised? Historians, including Romney Romney was a long- next ten days or so. But the lack capacity" Dean May, Will Bagley, Davis time volunteer in the Church's of new disclosures did not stop JANUARY 2002 PAGE 73 SUNSTONE people from continuing to debate rogant and legalistic attitude by Book of Annointings and a small and speculate about issues raised Church representatives. portion of Heber C. Kimball's by the conflict. Immediately after diary. both of which contained the story broke, several themes A STEP FORWARD information about Ids temple rit- dominated occasional news sto- uals, and what Daines referred to ries and very active email and ON 9 November, university and as a "smattering" of minutes of electronic bulletin board discus- Church officials announced they meetings of the Quorum of the sions. would try to avoid a court battle Twelve Apostles. "We concluded Many contended this dispute by appointing a board of eight that these documents were never was not really about "who right- members-four representatives part of Dr. Amngton's collec- fully owns what," but about the from each side-to study each tion," Daines said, adding that Church's trying to "suppress" ma- questionable document and the family "regrets this error." He terial that might damage its repu- make recommendations to usu also stressed that none of the KERMIT L. HALL tation or complicate the way it President Kermit L. Hall and heirs knew these items were in THE USU president was upset by the has presented its history. In an Church President Gordon B. the collection. "bluff, bluste~and threats" of some interview with the Tribune, Hinckley The presidents would After the conference, Amng- Church representatives,yet had Lavina Fielding Anderson, a then make final decisions on the ton's daughter Susan ~nin~ton high praisefor the leadership of friend and collaborator of disputed materials. Madsen summed up the family's President Hinckley and two other feelings about the resolution: - general authorities. "We're very, very pleased. It's a "Who owns a people's history? What great day for the Anington col- lection and the Amngton family way some LDS representatives happens to a history-based faith if the This is what my father wanted- handled the negotiations, whose primary message about its history is that to have his collection intact." behavior he described as Bluff, it's scary and dangerous and has to be Offering the university's point bluster, threats and near total dis- of view, Hall said "this matter is dain for the academic mission of so carefully controlled?" now closed," adding that the the university"' He was upset by -LAVINA FIELDING ANDERSON, historian Those "who cry most shrilly about Amngton's, spoke to this larger usu and the Amngton family 'censorship' . would do well to examine issue: "Who owns a people's his- were represented on the board by themselves and ask if they would be tory? What happens to a history- USU provost Albrecht, historian willing to sign a document allowing based faith if the primary F! Ross Peterson, USU attorney message about its history is that Simper, and Amngton family at- the public full access to all information it's scary and dangerous and has torney N. George Daines. about themselves." to be so carefully controlled? Church interests were for- -STEVEN R. SORENSON,director, Where's the line between pre- warded by Elders W Rolfe Kerr LDS Church Archives serving documents and sup- and Quentin L. Cook of the pressing the information they Seventy, managing director of the contain?" Family and Church History agreement achieves ~5~'sgoals the "very aggressive" actions of Others defended Church in- Department Richard Turley, and going into the negotiations of officials in going public with the terests, arguing that certain in- Church attorney Berne S. preserving the university's schol- 1980 Amngton agreement and formation should rightfully Broadbent. arly integrity and public trust touting in the press that they had remain closed to research. In a The board eventually met and to upholding its contract an "almost ironclad case." 11 November Tribune op-ed, di- four times, three in person and with the Amngton family. Ultimately, however, Hall rector of Church Archives once by phone, but because of an Through spokesperson, Mi- praised the efforts of President Steven R. Sorenson suggested agreement not to discuss their chael Otterson, the Church is- Hinckley, who, as tensions esca- that those "who cry most shrilly deliberations, very little is known sued a statement: "We are lated.
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