Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-11-13
58TH CONGRESS.
Senate PIunges at Once Into
the Smoot Case.
Dubois Of Idaho Criticizes Remarks Of
Hoar Of Massachusetts.
House Sends Cuban Bill to Ways and
Means Committee.

| Washington, Nov 12.-Immediately
upon assembling the Senate plunged
into a discussion of the question of the
eligibility of Reed Smoot of Utah, to a
seat in the Senate. The debate grew
out OF the remarks made, yesterday, by
Hoar saying that petitions bearing
upon Shoots case are as much out of
place as would similar petitions to the
supreme court OF the United States be
in the interest of any case before that
tribunal.
| Dubois, Idaho, took issue with Eoar's
remarks and presented his views in
connection with the petitions for
Shoots expulsion, which were present
ed by himself. After announcing the
fact that his views differ from those
of Hoar as to the propriety of petitions
on this subject, Dubois proceeded:
| 81 contend that these various organ
| zations of Christian men and women
have q right to petition the Senate and
| that it is their duty to do so. OF course,
we all appreciate that this is q judicial
question: which must be determined by
| the facts. but it is not an idle question
| and it is properly before the Senate.
| 1t is the same question that was in
! volved in the case of the polygamous
| Roberts for whose unseating by the
House of Representatives many petit
lions We're filed. All the petitioners ask
is that we study the case carefully be-
fore passing upon it. They know what
they are doing. They represent the
moral thought of the country and
should not be discouraged.
"If the allegations now on file with
the committee on privileges and cleo
| tons can be proven, I do not believe
there is Il senator here who would vote
| to have Mr.. Smoot continue in his seat,
! but if they are not proven I think we
would all unite in asking him to re-
main"
| Tioar replied that he did not believe
any member Of the committee on privi-
| leGcs and elections would find it nee
essary to make a public display of his
| attachment to the family tie as estab-
lished in all Christian countries and so
signally manifesto in it's beauty in our
own country and he expressed surprise
| thattany senator should consider it nee
| essary to present his views on this sub
jet. However. he said that was a
| question for all senators to decide for
| themselves.
| Replying to Dubois argument, Hoar
| said that in his remarks, yesterday, he
| had merely called the attention of some
Of his own constituents to the fact that
| they are pointed out to the Senate the
determination of a judicial question in
| regard to which the senators are the
| Judges. He again compared the
Senate to the supreme court and again
asked whether if that court was engag-
ed in determining an important case
| it would be considered proper to deluge
| it With petitions indicating the decision
! to be arrived at in the case. He added
| that he had addressed the Senate upon
| the subject not because he considered
| it matter of small moment, but be-
cause OF its vast Importance and be-
cause, of this importance he thought it
most desirable that the Senate should
approach the subject in the proper way.
Hale took the position that the question
of Shoots eligibility had been improper
~ raised at this time. He considered Il
| very grave and serious matter. and while
he said he had appreciated the force of
| what Hoar had said as to the judicial
| chara cter Of the proceeding, he did not
quite agree with that senator that in de-
| termning the right of q senator to his
seat the Senate should be considered pure
ly as a court of law. AS matter of fact,
the Senate is not so limited in the mat
ter of taking testimony or in many other
| respects as court on the contrary, the
Senate is a Part of the government which
| bears q relationship to the people differ
! cnt from that of a body of soquestered
men like the judges of the supreme court
1t is nearer to the public and is entitled
to consider information bearing upon the
feelings and wishes of the people regard
ing any subject. He referred briefly to
the moral aspects of the Smoot case and
| said that grave as they arc, they are not
more important than the intrusion of n
great religious hierarchy like the Mormon
church into the political affairs of the
country"
He suggested to the Senate the impor
lance of not pre-judging the case.
| a large number of bills were then pre-
scented and when this order of business
| was passed there was a brief executive
! session. When the doors were reopened
The resolutions of the House announcing
the death of Representative Foederer of
ing of Kentucky We're laid before the
Senate. and out of respect to their memo
ry the Senate, at 10, adjourned.
IN THE HOUSE.
The Cuban Bill Sent to Committee on
| wavs and Means