Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-11-12
Disagrees With Mr.. Hoar on
Smoot Case.
THE RIGHT TO PETITION
SENATE NOT SIMILAR TO THE SU-
PREME COURT.
Mr.. Hale Thought That the Question
of Eligibility Had Been Improperly
Raised at This Time.

again came I'D in the Senate To-Day Iof
brief discussion, the outcome OF winch IL
regarded as quite significant in relation &c
the chances of the Mormon senator TO re
tain his seat.
Immediately upon assembling the Senate
plunged into a discussion of the question Oh
the eligibility of Mr.. Smoot. The DEBATE
grew out of the remarks made yesterday
by Mr. Hoar, saying that petitions bearing
upon Mr. Shoots case are as mucis out VI
place as would similar petitions to the Su-
preme Court of the United States be IN the
interest of any case before that tribunai.
Mr.. Dubois idaho took issue today with
Mr. Hoar's remarks, and presented MS
views in connection with the petitions LOT
Mr. Shoots expulsion, which were pre-
scented by himself.
After announcing the fact that his views
differ from those of Mr.. Hoar as to the
propriety of petitions on this subject. MT
Dubois proceeded
The Right to Petition.
Il contend" he said. that these various
organ. cations of Christian men and women
have right to petition the Senate, ano
that it is their duty to do so. OF course
we all appreciate that this is judicial
question. which must be determined by
the facts, but it is not an idle question. ana
it is properly before the Senate. 1t IS the
same question that was involved in the case
of the polygamOus Roberts, for whose I'M
seating by the House of Representatives,
many petitions were filed. All the petition
ers ask is that We study the case careruiiy
before passing upon 1t. They know Wna'
they are doing. They represent the moran
thought of the country, and should not De
discouraged. They scarcely expect to in
fluence our votes. but it is to be hoped thai
the petitions will at least have the erect
of causing us to pause and give Careful at
tention to their representations.
eff the allegations now on file with the
committee on privileges and elections can
be proven, 1 do not believe there is a sena-
tor here who would vote to have Mr.. Smoot
continue in his seat, but If they are not
proven, l think we would all unite In ask
ing him to remain"
Mr. Dubois said. in closing that instead
of discouraging the Christian people OF the
country from giving vent to their opinions
would like to have them encouraged in that
direction.
Mr.. Hoar's Rejoinder.
Mr.. Hoar replied that he did not believe
that any member of the committee on priv
ileges and elections would find 1t necessary
to make a public display of his attach
ment to the family tie as established in all
Christian countries and so signally mani
=
and he expressed his surprise that any SEN
ator should consider it necessary to present
his views on this subject. However, he
said that was question for all senators
to decide for themselves.
Replying to Mr.. Dubois argument, Mr..
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 pointing out to the Senate the determi-
nation of judicial question in regard to
which the senators are the judges. He
again compared the Senate to the Supreme
Court and again asked whether II that
court was engaged in determining an inn
portant case it would be considered proper
to deluge it with petitions indicating the de-
cision to be arrived at in the case. He add
ed that he had not addressed the Senate
upon the subject not because he considered
it matter of small moment. but because
of its vast importance, and because of this
importance he thought 1t most desirable
that the Senate should approach the sub
ject in the proper way
Mr.. Hale's Remarks.
Senator Hale then arose and his remarks
are regarded as being of the utmost impor-
lance in indicating sentiment that will be
prominent in dealing with the Utah case.
What he said was interpreted as meaning
that public sentiment was matter to be con-
sidered in such a case and that the COMPARE
son between the Senate and the Supreme
Court was not warranted. He asserted tina
it was Of the greatest Importance that it
was charged in this case that the Utah
senator was a member of a hierarchy that
undertook to dictate in political matters.
He thought that all the information that
could come to the Senate through petition
ers was greatly to be desired.
Mr. Hale took the position that the ques-
ton of Mr.. Shoots eligibility had been i'm
properly raised at this time. He considered
1t n very grave and serious matter, and
4.y@ k41 In
force of what Mr.. Hoar had said as to the
judicial character of the proceeding, he did
not quite agree with that senator that in
the right of a senator to his
seat the Senate should be considered pure
~ as a court of law. AS matter OF fact,
the Senate is not so limited in the matter of
taking testimony or in many other respects
as a court. On the contrary. the Senate is
q part of the government which bears a re-
latiOnship to the people different from that
of body of sequestered men like the judges
of the Supreme Court. 1t is nearer to the
public and Is entitled to consider informa-
ton bearing upon the feelings and wishes
of the people regarding any subject. He re-
ferred briefly to the moral aspects of the
Smoot case, and said that grave as they
are, they are not more important than the
intrusion of a great religious hierarchy like
the Mormon Church into the political affairs
of the country
lie suggested to the Senate the Importance
of not prejudging the case.
A large number of bills were then pre-
scented, and when this order of business
was passed there was a brief executive ses-
sion
When the doors were reopened the reso-
buttons of the House announcing the death
of Representative Foerderer of Pennsyl-
vania and Representative Boreing of Ken
lucky were laid before the Senate, and out
OF respect to their memory the Senate at
ITO adjourned until next Monday.
Nominations Confirmed.
The Senate in executive session confirmed
the following nominations:
Registers Of land offices-MarshalI H. Jew
ell, Bismarck, n. D.; John N Watson.
Paisley. Oregon; Edward W. Davis, Union,
Oregon; Algernor S. Dresser, Oregon City,
Oregon.
Charles U. Snider, receiver of public mon
eys at Lakeview. Oregon.