The Montgomery advertiser., 1904-01-17
Hearing of Charges Against As7 Seer Senator. 1asACHINGs OF MoRMoNs
Heads of Church Supreme in
 All Things.
Attorney Taylor, For Opponents t1 Admission, Undecided as to An Attempt to Prove Shoot
 Polygamist.

Washington, Jan. 1e.-The Senate Com mittee on Privileges and Elections met today to hear the attorneys on both sides of the case involving the right of sena- tor Shoot of Utah to occupy his seat Former Representative Taylor of Onio was heard for some of the protestants' and E, P. Stevenson for those who are representing the National Reform Asso- citation.
 A. s. Worthington and Waldeman Van Cott were present on behalf of Senator Shoot, who also was in attendance.
 The first presentation was made by MT. TayIer. who began his statement by saying that he did not know that any proof would be presented in support of the charge that MT. Shoot was polyg- amist. He took up the question of the right of the Senate to expel member. contending that the Senates authority. in the matter was limited only by the ques- tion of propriety. On the point of testi- mony, MT. Tayler said the protestants expected to prove the following charges: Prosecutors' Testimony. 1. The Mormon priesthood, according to the doctrine of the church and belief, practices and it's membership. is visited with and assumes to exercise, supreme authority. in all things temporal ard spir- itual. civil and political. The head of the church claims to receive divine rev. elation, and these Reed Shoot, by his covenants and obligations. is bound to obey.
 9. The first presidency and twelve apostles. of whom Reed Smoot is one, is supreme in exercising the authority of the church and in the transmission of the authority to their successors. Each of them is called prophet, seer and revela- tor.
 8. As shown by their teachings and by their own lives. this body of men has not abandoned belief in polygamy and polyg- amous cohabitation. On the contrary
 la), as the ruling authorities of tho church they pFomulgate in the most sDl- emp manner the doctrine of polygamy, without reservation:
 Countennncea by smoot. (bl The President of the Mormon Church and a majority of the twelve apostles now practice polygamy and polygamous cohabitadon. and some of them have taken polygan1ors wives since the mani festo of 1890. These things have been done with the knowiedge and countenance of Reed Shoot. Plural marriage ceremonies have been performed by the apostles since the manifesto. of 1S90 and many bishops and other high officials of the church have taken plural wives since that time. All of the first presidency and the twelve apostles encourage. countenance, conceal and connive at polygamy and poIygamous cohabitation and honor and reward by high offce and distinguished preferment those who most consistently and defiantly violate the law of the land.
 4.-Though pledged by the compact of Statehood and bound by the law of the commonwealth. this supreme body, whose voice is law to Its people and whose mem bers were individually, directly respon- sible for good faith to the American peo- pie. permitted. without protest or objec- ton their legislators to pass a law nullIfy- ing the statute against polygamous coha- bitation.
 For all these things Reed Shoot is responsible in law and in conscience to this body and to the American people.
 Tn connection with the third specifca- ton Mir. Tayler gave a list of the docu- ments recognized by the Mormon Church as inspired. In this list he did not in- clude the manifesto of 1890 suspending the command to take plural wives, but he contended that this manifesto does not prohibit polygamy. He also declared that the doctrines and covenants of the church are still published by the church with out any reference to the manifesto.
 Worthington for. Defense.
 Ah ACpAJ SdIu lnG SIdCe- ments made by Mir. Tayler differ very materially from the charges made in the formal statements and he asked time in which to make reply which was grant, cd
 Mir. Worthington agreed that there was no limit to the power of the Senate to pass upon the nullification of its own members, but contended that its jurisdiction is limited. He laid down the general propo- sition that the Senate was without jurls- diction in offenses which may have been | committed before a member became a Senator unless committed in connection with his election.
 ''Do you mean" asked Senator Pettus, a member of the Committee, that this body is not permitted to inquire as to any moral quality as to one of it's mem bers with d view to his expulsion that no matter what he s;id or said before his election. the election purified him?''
 Mir. Worthington replied that such was his meaning, and he quoted the action of the Senate in the Roach case and the position of the House in the Roberts case in support of this view.
 In reply to a question from Senator Hopkins as to what would be the effect if the offense should be of a continuing character. MT. Worthington admitted that the Senate would have jurisdiction. He also said, replying to Senator Beveridge, that 1t was not intended to admit that his client had been guilty of offense prior to his election
 Senator McComas asked whether there was anyone present who appeared for the person who charged MT. Shoot with be- ing polygamist. No one answer and MT. Worthington said that if any one did appear to support that charge 1t must be borne in mind that MT. Smoot has posi- | lively denied 1t. He referred to Mir Shoots answer setting forth the circum- | stances of his marriage. which Mir WOrthlngton said is the only marriage he has ever contracted.
 Oath Taken by Smoot.
 MT. Worthington referred to the charge that Mir. Smoot took an oath to support | the church in connection with his cleo | ton in 1900 as an apostle of the Mormon Church The oath taken by Mir. Smoot as Senator had been declared he said. in- compatible with the former oath, "and,"