Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-16
HEARING THE CHARGES
Senate Committee Takes Up
the Smoot Case.
ALLEGATIONS STATED
MR.. TAYLER TELLS WHAT HE EX-
PECTs TO PROVE.
Mr.. Worthington Contends That the
Jurisdiction of the Senate in Judg-
ing Qualifications is Limited.

on both sides of the case involving inc
right of Senator Smoot of Utah to occupy
his seat Former Representative Tayler of
Ohio appeared for some of the protestants
and T. p. Stephenson for those who are
represented by the National Reform Asso-
citation. A. S. Worthington and Waldemar
VanCott We're present on behalf of Senator
Smoot who also was in attendance.
The first presentation was made by Mr..
Tayler, who began his statement by saying
| that he did not know that any proof would
be presented in support of the charge that
| Mr. Smoot was polygamist. He took VI
| the question of the right of the Senate to
expel a member. contending that the Sen
ate's authority in the matter is limited only
| by the question of propriety. On the point
of testimony Mr.. Tayler said the protestants
expected to prove the following charges.
Charges Against Smoot.
81. The Mormon priesthood according to
| the doctrine of the church and the belief
and practice of its membership, Is vested
| with. and assumes to exercise, supreme
| authority in all things temporal and spirit
| ual, civil and political. The head of tbs
| church claims to receive divine revelations
and these Reed Smoot, by his conVenanis
and obligs tons, Is bound to accept and
obey.
- The first presidency and twelve apos-
| ties, of whom Reed Smoot is one, are su-
preme in the exercise of the authority ~
| the church and in the transmission Of tha:
authority to their successors. Each CT
them is called prophet. seer and reveiator
IS. AS shown by their teaching and by
their own lives, this body of men has not
abandoned belief in polygamy and polga-
nous cohabitation. On the contrary:
"(1 AS the ruling authorities of tho
church they promulgate in the most SOL
emn manner the doctrine OF polygany,
without reservation.
"(b) The president of the Mormon Church
and majority of the twelve apostles now
practice polygamy and polygamous conapl-
taton, and some of them have taken poly8-
amous wives since the manifesto of 1870;
these things have been done with the
knowledge and countenance OF Reeo Snloot'
plural marriage ceremonies nave been per
formed by apostles since the manifesto OF
1890, and many bishops and other high Off
cials of the church have taken plufal
wives since that time. All of the hrst pTesi-
dency and the twelve apostles encourage,
countenance, conceal and conn1ve at polyS-
amy and polygamous cohabltatlon, ana
honor and reward by high office ana dls-
tinguished preferment those who most per-
sistently and defiantly violate the law OF
the land
a. Though pledged by the compact of
statehood and bound by the law OF their
commonwealth, this supreme BODY whose
voice is law to its people, and whose mem
berS were lDUlNluudlly OlieSbS AooPOii''i'AS
for good faith to the American people, per
mitted without protest or objection, thelr
LEGISLATORS to pass law multiplying the stat
ute against polygamous cohabitation.
For all these things Reed Smoot is re-
sponsible in law and in conscience to this
body and to the American people,.
In connection with the third specification
Mr. Tayler gave a list of the documents
recognized by the Mormon Church as IN
spired. In this list he did not include 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 ana coy
enants of the church are still published py
the church without any reference TO the
manifesto.
Mr.. worthington's Contention.
In reply Mr. Worthington said the state
ments made by Mr. Tayler differ very mate
rally from the charges made in the formal
statements, and he asked time in which to
make a reply, which was granted.
Mr. Worthington agreed that there was
| no limit to the power of the Senate to pass
upon the qualification of its own members
but contended that its jurisdiction is nm
tied He then laid down the general propo-
sition that the Senate was without jurisdic-
ton of the offenses which may have been
committed before a member became a sem
ator. 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 of one of it's members with a view
to his expulsion; that, no matter what he
did or said before his election, the election
purified him?"
Mr.. Worthington replied that such was
his meaning, and he quoted the action of
the Senate in the Roach case and the posi-
ton of the House in the Roberts case in
support of this view
In reply to a question from Senator Hop
\ lii to hat he he eff ha
offense should be of continuing chara cter
Mr.. Worthington admitted that the Senate
would have Jurisdiction. He also said, re-
plying to Senator Beveridge, shat 1t was not
intended to admit that his client had been
guilty of offenSes prior to his election.
Senator McComas asked whether there
was any one present who appeared for the
person who charges Mr. Smoot with being
polygamist.
No one answered and Mr. Worthngton
said that if any one did appear to support
that charge must be borne in mind that
Mr.. Smoot has positively denied it. He
referred to MI. Smoot's answer setting
forth the circumstances Of his marriage
which. MIR. Worthington said, is the only
marriage he has ever contracted.
Demands Proof.
Mr.. Worthington referred to the charge
that Mr.. Smoot took an oath to support
the church In connection with his election
in 1900 as an apostle of the Mormon
Church. The oath taken by Mr.. Snoot as
senator had been declared, he said. incom-
patible with the former oath, land, con-
tinued Mr.. Worthington. 'if any one has
proof that this oath of allegiance to the
United States was taken with mental reser
walton, let it be produced If that charge
could be supported, said he, it would con-
vict Mr. Smoot of acting a lie, and would
be a violation of the compact between
Utah and the United States by which Utah
was admitted into the Union as state.
This charge, he argued. demanded proof
for if it can be shown that Mr.. Smoot has
furthered a movement to promote polyga-
my, contrary to this compact, "then we
will say. of course, that Mr.. Smoot ought
to be expelled
Mr.. Worthington read large number of
court decisions leading up to the abandon
ment of polygamy and then read from Off
cial church proclamations, including the
manifesto of 1890. declaring that polygamy
should be abolished. He also read the am
nesty proclamation of President Harrison,
Continued on Eighth Page.)