Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1903-12-31
The Smoot Case.

the exact status of the case of Reed
Smoot, the Mormon senator from the
State Of Utah, and large number OF
petitions for his expulsion have been
presented from all sections of the cOun-
try. There has apparently been a pre-
vailing idea that the case of Mr.. Smoot
is identical with that of Representative
Roberts, who was refused q seat in the
National House Of Representatives.
1t is very questionable. however, if such
is the fact. Mr.. Roberts was an adj
United polygamist, living in open,
fragrant and insolent violation Of the
law. He was criminal, and guilty of a
misdemeanor, for which hundreds of
men in other states were serving terms
in the penitentiary. For this reason he
was very properly refused seat in the
National House, and the whole country
appIaCGed the members of that body
for the determined and vigorous stand
they took in the matter.
The case Of Mr. Smoot, however, is on
the face Of it entirely different. Both
ne and his wife claim that he has never
been married but once, and there APP
pears to be no evidence to the contrary.
If such evidence can be adduced. Mr..
Smoot would be upon the same basis as
Roberts, but until the practice OF
polygamy can be established against
him, his case will rest upon a radically
different basis. Intelligent people. TAX
ing all the circumstances into consider
ation must recognize this fact. SO far
as evidence has thus far been presented.
it seems to show that Mr. Smoot has
been an upright and lawabiding
citizen. He is member of the Mo-
mon church, high in it's councils, but
has been in private life a monOgalnist.
He declares that the Mormon church is
not preaching polygamy, today, and
that it does not at the present time
sanction plural marriages among its
members. However this may be- the
question which will come before the
Senate will deal, not with Mr.. Shoots
beliefs, but with his personal observ-
ance Of the laws. In a recent inter-
view, ne speaks regarding himself as
follows:
There seeyns to be a widespread i'm
preston that / represent Mormonism
in the Senate. 1 do nothing Of the
kind; my business here is to represent
the people Of Utah. regardless of their
religious convictions. For my own
part. l married one wife in 1884; and l
assure you on my honor that l have
never married another. We have six
children, of whom we are very proud.
and there is not a happier home in the
country than ours"
That is certainly explicit, and if
Senator Smoot can establish the fact,
would seem to leave his opponents little
opportunity for assailing him. The
members Of the United States Senate,
are bound, by their oath of Office. to
support the constitution and laws of the
United States, and the first article i'll
the amendments Of the Constitution
stipulates that Congress shall make no
law respecting the establishment Of
religion, or prohibiting the free exercise
thereof" It is evident, therefore. that
so long as Mr.. Smoot observes the laws
OF the land, It is not in the power of the
Senate to expcl him from its member
ship because Of any private religious
views he may entertain. Nowhere in
the world is such latitude given to per-
sonal and private opinion. as in this
fair land of ours. The Mohamedan,
who believes in the code Of Islam. BY
which every adult male Of the faithful
is held to be entitled to four legitimate
wives, is eligible to citizenship under
the laws of our country, and nobody
seeks to question his private beliefs.
IT, however, he should undertake to
carry those beliefs into practical effect,
he would Immediately find himself
blocked by the criminal law.
The question, therefore, at issue in
the Slnoot case, cannot legally concern
itself with his private beliefs. His
enemies assert that he is theoretically
i, polygamist, but the Senate. under the
provisions of the Federal constitution.
will have to determine whether or not
he is one in practice. We have yet to
see where any one has definitely as
serted that Senator SmoOt has, now or
ever has had. more than one wife. 1t
would look. therefore, as if the demand
for his expulsion from the Senate was
based wholly upon the assertion that he
is a believer in religious faith which
sanctions polygamy, and it must be evil
dent that expulsion from the Senate on
these grounds alone. would be clearly
contrary to the organic law Of the land.
Friends Of Senator Smoot declare that,
he has not only refrained, in his own
life from practicing polygamy. but that
he ID and has been at all times person.
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