From Deseret News archives:
Historians fault leaders in LDS handcart tragedy
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Don Smith, a Willie and Martin company researcher from Pullman, Wash., said records of the time indicate the church planned to sell real estate to help finance travel for the emigrants, but the funds weren't yet available when ill-fated companies arrived late in Iowa City, further delaying departure.
Robert Briggs, an attorney from Fullerton, Calif., said when examining the historical evidence for what occurred, he believes church leaders could, in theory, have been charged criminally with reckless homicide and civilly with negligence under laws then in force.
No litigation ever resulted from the tragedy, he said.
Noting the proof standard for negligence is less stringent, the issue is "that you have a duty (as the responsible party)" and that it be carried out "with reasonable care," he said. "It's almost a foregone conclusion . . . there is evidence of negligence. With leaders all the way up to Brigham Young, there was mismanagement."
"Over time, the emphasis of the story became the faith and endurance" of the emigrants, rather than the decisions that led to the disaster, he said, adding that for modern LDS youths who re-enact the handcart trek, the experience "has almost become a rite of passage."
E-mail: carrie@desnews.com
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