The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1904-03-05
THE SHOOT CASE.

The investigation of Reed Shoots quail
fcations for United States senatorship
seems likely to take a wide range-so wide
that the committee may conclude that much
of the testimony introduced has no real
bearing on the question at issue. The
question is not as to the merits or dement's
of the Mormon religion nor whether the
practice Of polygamy can be justified be-
fore the law on the ground of religious be-
lief; it is whether Mr. Smoot is in this or
any other respect disqualified from holding
a seat in the Senate.
Hostility to the Mormon religion is so
general and deep-seated that it is difficult
for most persons 10 consider impartially
any question into which Mormonism enters.
fore the law with other religions, and
those who believe in it as a religion can
only incur a legal penalty by committing
some criminal offense. Belief in Mormon
ism is not in itself a criminal offense any
more than belief in Methodism, Presby-
terianism Seventh Day Adventism. The
fact that some of the teachings of Nor
monism are absurd, others bIasphemous- and
others shocking does not alter the case in
this regard. A person may believe what ne
pleases. provided his belief does not lead
him to violate the law
Mr.. Smoot is not a practical polygamist
and never has been. He has never had
but one wife. As far as this question is
concerned, therefore, he has not violated
the law and is not subject to any penalty
or disqualification. The fact that he is a
Mormon and that polygamy was formerly
taught and practiced by the church and is
still practiced by some of its members, does
not affect his standing at ALL The only
question that could arise in his case on
this point is whether he practiced polygamy
not whether he theoretically believed in it.
but whether he practiced IT, As If is not
claimed that he has ever had more than
one wife he is immune on this point.
But it is claimed that as an apostle in the
Mormon Church Mr.. Smoot has taken an
oath or assumed obligations to the church
inconsistent with his obligations as a
United States senator. This is a political
question and entirely distinct from the
religious phase of the question and from
polygamy. II 1T can be shown that Mr.
Smoot has assumed an obligation to the
Mormon Church which in the possible event
of a conflict would override and nullify
his oath senator to support the Con-
stitution OF the United States he ought not
| to hold a seat in the Senate. This seems to
be the real point at issue. AS Senator Du-
bois put it before the committee: 1.-THE real
charge is that Mr.. Smoot is a member of a
Mormon hierarchy which subscribes to
vows in conflict with the laws of the coun-
try and was bound to support such vows u
If it is true that Mormonism places loyalty
to the church above loyalty to the gov
eminent. and If it can be shown that Mr.
Smoot has taken such an obligation, he
| ought not to be admitted to a seat in
the Senate.
The Constitution makes the Senate the
| judge of the qualifications or Disqualified
tons of its members. 1t will doubtless in
vestigate this case thoroughly and decide
| it impartially. The public, however, should
understand that the Senate cannot exclude
Mr.. Smoot on the ground Of religious be-
| Lief. because a man may believe what he
pleases. Nor can it exclude him on the
! ground of polygamy, because he is not and
never has been polygamist. 1t can only
exclude him If it finds that his obligation.
to the Mormon Church are inconsistent
| with loyalty to the government