Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-02-06
CASE OF Mr.. SMOOT
Committee Hearings to Begin
March l.
TWENTY SUBP0EN AS
HAVE BEEN ASKED BY THE COM
PLAINANTS.
The Senator Had a Conference With
Chairman Burrows-Bill Relating to =
Election of Senators Considered.

lie Sefldle cOTl1lllllee OH pGlNlleStS
elections held a meeting today and decided
to begin its hearing on the case of Senator
Smoot of Utah on March 1.
There were present at the meeting this
morning Senators Burrows. Hoar, Nc
Comas, Hopkins. Beveridge. Foraker.
Bailey. Dubois and Pettus. The meeting
lasted until 1880 o'clock.
The committee has not decided as to the
limitations that may be set the testi-
mony to be received by it, 1t has SO far
determined that the charges against Sen
ator Smoot shall be gone into as fully as
possible. AS the case progresses it is be-
lieved the testimony will develop facts 10
indicate exactly what proof should be
sought and will permit the committee 10
act intelligently in the limitation, If there
is any, to the line of facts desirable to
be developed.
The complaints in this case charging
Senator Smoot with being a polygamist.
with having taken an oath to support the
Mormon Church, which would place his
obligation to that church above his oath
of allegiance to the United States, to-
gether with other charges that have been
made, have given to the committee list
of about twenty witnesses to be sub
poenaed to sustain these charges. The
committee is Withholding the names of
these witnesses for the present, but as
soon the SubpoenaS have been issued,
which Will probably be about the middle
OF next week, will make the list public.
Senator Smoot's counsel has not yet SUBJ
mitted to the committee a list of witnesses
they desire to have called, and will prob
ably not do 50 until the testimony in behalf
of the compiainants has been given suffi-
GENTLY to permit them to determine the ex-
act nature of the proof that they should
bring forward
At the close of the committee meeting
today Senator Smoot himself called on
Senator Burrows and had very brief in
terview with him. Mr.. Smoot preferred to
make no statement for publication at this
time, as his general reply has already been
made public. and he thought IT advisable
not to discuss the matter further.
The Election of Senators.
The committee also took up Senator Bur
rows bill. together with an amendment
prposed by him today, to clear up discrep-
ancies that have oncurred in the past in re-
lation to the election Of senators. The law
of 1866 relating TO the election of sena tors
provides that senator shall be elected by
the legislature last elected before the va
cancy to be filed. occurred The practical
effect of this provision was shown in the
case of Senator Malory's election in Flor
/ ida. In that case, while the Senate was to
meet on March 4, the legislature last elect
ed under the law was not to meet until
the following May. That made 1T necessary
to have an appointment to the Senate by
the governor of Florida. Senator Mallory
was appointed and later was elected, but
had another senator been elected it would
have been to his disadvantage to have
come In the Senate after the 4th of March
1t would have given him less important
standing on committees and in matters of
precedence than would have been the case
by his entrance into the Senate on March f.
In order to correct this condition Senator
Burrows bill provides in such cases the
election of a senator may be by the pre-
vious legislature Such change in the law
would make 1t possible to have senators
elected in all the states so that they might
take their seats March in the case Of
session being called then, which is almost
invariably done in order to have nomina-
tons considered.
Another change In the law in the form
of an amendment to this bill which was
considered by the committee. The need for
such a change shown recently In the
case of Iowa. The law provided that the
election of senators should take place the
second Tuesday after the meeting and Or
ganization of the legislature. 1t does not
prescribe whether the organization shall
be temporary or permanent The legisla-
permanent organization until Tuesday, and
the second Tuesday after that would delay
the election of the senator two weeks.
Senator Burrows amendment provides that
the election may be held the second Tues
day after the temporary organization, and
as the temporary organization is on Mon
day it shortens the time for the election of
senators exactly one week.
The committee adopted this amendment,
but did not act on the bill a whole.
That will come up for decision at future
meeting of the committee.