Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1904-01-16
SMOOT CASE
IN COMMITTEE
Senate Hearing Charges That Sen.
ator From Utah is Apostle of
Mormon Church.

! Washington, Jan. 16-The Senate
committee on privileges and elections
met today for the purpose of hearing
the presentations of the attorneys or
both sides of the case involving the
right of Senator Smoot Of Utah, to oc
cupy his seat. Former Representative
| Taylor of Ohio, made the first presen
tation. He began by saying that he
did not know that any proof would be
presented in support of the charge that
Smoot was polygamist.
The Protestants, he said, expected to
prove that the Mormon priesthood is
vested with and assumes to exercise
supreme authority over all things TEN.
poral and spiritual, civil and political,
that the head of the church claims to
receive divine revelations and these,
Smoot, by his covenants and obliga-
tions, is bound to accept and obey,
that the first presidency and twelve
apostles, of whom Smoot is one, are
supreme in exercising the authority of
the church and in the transmission of
this authority to their successors, that
this body of men, as shown by their
teachings and by their own lives, have
not abandoned their belief in polygamy
and polygamous cohabitation, that the
president of the Mormon Church and
majority of the twelve apostles now
practice polygamy and polygamous co.
habitation and some of them have TAX
en- polygamous wives since the mani
festo of 1890, that the twelve apostles
whose voice expressed in body is law
to their people, though pledged by a
compact of statehood and bound by
the law of their commonwealth, per-
mitted their legislature to nullify the
statute against polygamous cohabita-
tion.
For all these things, Taylor said,
Smoot was responsible in law and in
conscience to the Senate and to the
American people. A. S. Worthington,
representing Smoot, in reply said that
the statements of Taylor differ mater
tally from the charges made in formal
statements and asked time in which to
make a reply which was granted.
Worthington laid down general
that the Senate was with
out jurisdiction of offences which may
have been committed before he became
a member of the Senate unless COM
mitted in come lection with his election.
Pettus a member of the committee, in
oi,;rod If Worth inu ,ooopt fhot M
matter what a Senator did or said be-
fore his election that his election puri-
fed him, to which the latter responded
that such was his meaning. He ad-
mitted, however, that if the offense
was of a continuous character the Sen
ate would have Jurisdiction. Replying
to Beveridge, Worthington said that 1t
was not intended to admit that his
client had been guilty of offense prior
20 his election.
Worthington demanded proof of the
charges against Smoot. If it could be
shown that Smoot has furthered the |
to promote polygamy con-
rary to the compact between the Uni
ed States and Utah under which Utah |
vas admitted into the union he said: |
Then we will say, of course, that Mr.
smoot ought to be expelled"
Waldomar Van Cott made state
nent in behalf of Smoot. He referred
o the fact that the Mormon governor
lad vetoed bill in the Utah legisla-
ure multiplying the anti-polygamy act.
He declared that Smoot had nothing
o do with the measure anyway and
mould not be charged with it. 1--WE
hrow down the bars" he concluded,
and invite you to investigate his en-
ire career"
The public hearing was continued
bout two hours and at the conclusion
he committee went into executive ses-
ion. 1t was decided to receive from
'moot's attorneys, written reply to
he Taylor argument. From conversa-
ion ensuing in the executive session it
vas made plain that the committee
will prosecute thorough inquiry into
he charges against Smoot.