Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-11-21
A FAIR VIEW.

The following editorial on Senator
Shoots case appears In the Springfield
Republican OF Nov, IA. II Is fair
and logical treatment of the subject
THE case Of Senator Smoot of Utah
merits the most careful deliberatlon by
the senate before any action adverse
TO his rights as q member OF that body
Is taken. Senator Smoot has been reg
ularly elected TO represent the state of
Utah, and by a majority Of its people.
His credentials are In legal form and he
has been allowed to take his seat. 1t
Is now asked by petitioners that he be
cast out of the Senate
II is not susceptible OF proof so far
as can be ascertained, that Senator
Smot Is a polygamist. He has but one
Wife. The Roberts precedent estab-
lished in the House, therefore, does not
bear upon this case. The objection to
MIR. Smoot appears to be that, as an
official Of the Mormon church, he has
taken alleged oaths which commit him
To the recognition Of an earthly author
ity higher than that Of the United
States government. II this charge can
be satisfactorily proved, It IL worthy
Of serious consideration, But, on the
other hand, there must be no doubt
In n constitutional sense. The Mormon
church is enough OF a religious body to
claim the protection of those clauses
of the constitution which forbds inn
posing religious test upon Office hold-
ers and inhibt the making OF laws re-
spectlng an establishment of religion
In our government an absolute divorce
between church and state exists. II
would be monstrous to expel Mr.. Smoot
from the Senate because OF his relig-
ion.
IF church should attempt to usurp
In this country the functions, preroga-
tives or powers OF the government, In
any way whatever, then, Of course, the
government must protect Itself against
encroachments. IL 10 as much the bus
mess of church to respect the indie
pendence and integrity OF the state,
under the constitution, as 1t Is for the
state to respect the freedom Of the
church. II the Mormon church invades
the domain Of the state, II must take
the CONSEQUENCES There is a principle
involved here which Is Of incalculable
Importance, II must be preserved,
"The Senate committee on privileges
and elections, with Senator Hoar
as chairman, may be depended
upon to review the facts IN
an impaftlhl IllanHei az" "
reach conclusions I'm accordance with
Tho evidence and our constitutional law.
The petitions which have been sent to
the senate praying for Mr.. Shoots ex-
pulslon are rot likely to affect the
committee, and certainly these states
men ought not to allow themselves
to be influenced one way or another by
popular appeals or hysterlcal sent imeht
Mr.. Hoar's Independent and judicial
attitude, as already indicated In MS
aversion TO outside pressure, Is an as
surance that he will not be moved by
prejudice in making q report to the
Senate upon the case,
This is the way the st. Paul Globe
of Nov. lG treats the case Of Senator
Smoot;
"The question Of the eligibility of
Reed Smoot, senator-elect from Utah,
Is one that Is not worth the time be-
ing devoted to It. The misguided peo-
ole who have sent in bulky petitions for
his exclusion from the senate are des-
nerately in earnest, and a few senators
| are ready TO use this agitation for
| whatever political advantage there may
| be In II. Beyond that there can be no
| practical results.
"Tbere Is no more possibility of keep
| ing Mr.. Smoot out Of the senate than
| OF excluding or cXpelling any other
| newly elected member The idea that II
| man can be thus ostracised because ne
| Is q Mormon argues the densests lg-
| norance OF our fundamental laws NO
| discrimination can be made In this
| country for or against man on ac-
| count of mis- religious belief. Mormon
or Gentle. Methodist, Presbyterian or
| Baptist. all are alike in the eye of the
| law. The senate cannot even consider
n protest based on such grounds
"If anything can be established
apalngt Mir. Shoots moral character,
| the senate may take that into oonsld-
| Grafton, although even that would be
| unusual unless his crime were very
heinoue indeed. The case IL not In the
least analogous 90 that OF Represent
| alive Roberts. The latter was exclude
ed from the house because he was
guilt Of poygamy, as appeared clearly
from the evidence No such charge
even as far as we are aware IS made
| against MI Smoot by any reputable
nerson The whole argument for his
| exclusion rosts upon the admitted fact
| that he rs "A Mormon, and upon the at
| legation. vigorously made aud indig-
nanty denied, that among other Nor
mons the practice OF polygamy stu to
some extent prevails
III the doors of the senate could be
closed To any man on such grounds as
this we might as well stop agitaung
about the election OF senators by popu-
iar vote or any other way, and give "a
.he remaining members OF the senate
the mower To IN vacancies at their own
Measure when any such occurred the
whole campaign against MIR, Smoot Is
another illustration OF what Is so prev
nlent IN American HE ana what nes
antlv been called futilism.' This
means the expenditure OF vast
amount Of Individual energy and moral
torce TO bring about ends that are inn
.sossible Of realization, and that would
| !. A.. ~ hlahnai dnnrnn unfortunate