The Washington times., 1904-01-17

Elections yesterday and arguments |
We're heard from both sides as to what |
st is expected to prove I'm support of the |
allegations and in reply to them.
When the speeches had been conclud- J
ed. the committee held an executive SEES
sion. and then adjourned to meet at the
call of the chair
Committee Room Scene
Senator Burrows sat at the head Of
the table. with Senator's Hopkins. Nc
Comas Beveridge. and Dillingham; on
his right, and Pettus. Dubois. and Over
man on the left A Senate stenographer
kept the record of the proceedings.
Senator Smoot sat at the far side OF
( the committee room. opposite the chair
: man. With him were his counsel Au-
gustus S. worthington and c. L.
iFrailey. Of this city. and WaIdeman Van
Colt. of Salt Lake City Near Chairman
Burrows was Ex-Representative Robert
! w Tayler. Of Ohio. associate counsel
for those opposing Mr.. Smoot. John G.
Carlisle. principal counsel was not pres
ent.
Mr.. Tayler's Position.
Ex-Representative Tayler was first
heard by the committee. He stated that
I he represented the parties TO the orr
ginal protest against Senator Shoots
admission TO the Senate. made on the
!ground that he was an apostle of the
Mormon Church, and as such had taken
! an oath which must prevent him from
taking his oath as United States Sena-
tor. without mental reservation. He ex-
pressly declared. however that he had
no connection with the charge that Sen
ator Smoot was personally guilty of
polygamy.
Mr. Tayler maintained that the COM
mittee had absolute legal power to ex-
anime any charge brought against a
z Senator and TO adopt resolutions TO ex-
pei him il the charges were proved: that
the president of the Mormon Church
and a majority of the apostles now
practice polygamy and that, since 1890,
a number of the bishops and apostles
, have formed plural marriages with the
sanction and countenance of Senator
/ Smoot and all of the presidency, which
, countenances and connives at polygamy
and honors and rewards those who per-
sistently violate this law of the land.
A. $. Worthington, of counsel for Mr..
Smoot, then took the floor. He argued
that the Senate had no Jurisdiction over
anything that Senator may have done
before he became a Senator, referring
especially to the case Of the late Sen
ator Roach of North Dakota, against
whom charges of appropriating the
funds of a bank We're made. Mr.. Roach
himself introduced the resolution asking
for an investigation, but the Senate new
or acted on 1t.
Everything in Senator Shoots career
before he became a Senator, therefore,
should be excluded as being beyond the
committees jurisdiction. However, he
denied that there had been any wrong
doing on the part of Mr. SmoOt. either
before or since he became a Senator.
Mr. WorthingtOn denounced as abso-
1uteIy false the charge that Mr.. Smoot
had ever had plural wife
No Charge of Polygamy.
Senator McComas asked whether there
was anyone present to support that
charge, but no one responded, and Mr..
Tayler said he did not make that charge.
Mr.. Worthington said Mr.. SmOot be-
came an apostle OF the Mormon Church
on April IS. 1860. which was before he
became a Senator. and then took no
oath which was Inconsistent with his
oath as a Senator. The attorney de-
manded that the other side should pro-
duce proof TO the contrary. II such
proof was forthcoming he said, Mr..
SmoOt should 'be expelled. because he
would then have obtained admission to
the Senate as the result of a lieu.
He then quoted from several decisions
OF the Supreme Court of the United
States sustaining the point that the
Government had no right to interfere
with any mans belief 50 long as ne did
not violate any law as a result of that
belief. Again ne contended that the
State of Utah had fully lived up to the
terms of the enabling act, admitting
she had not done so. anybody represent
ing the State should be excluded from
the Congress Of the United States not
only Mr.. Smoot. but Senator Kearns and
Representative Howell.
Mr.. Van Colt was then heard In fur
Their calculation OF the points of the
Smoot side.
Belief in Polygamy.
Chairman Burrows interrupted Mr.
Van Colts recital TO inquire whether
the president OF the Mormon Church
and a majority OF the apostles believe
in and practice polygamy, and that IL is
done with the knowledge, cOnnivance
and countenance OF the apostles, one
OF whom Is the respondent. which is
sufficient TO disqualify him as contended
by Mr. Tayler.
Mr. Van Colt said ne had been inform
ed that six or seven of the apostles were
pclygamists, and that one of them had
recently gone TO England. He declared
the, acts Of these men ought not to af-
feet Mr.. Shoots case unless IL could
be shown that he had encouraged the
practice and connived at IL; and that the
fact Of his membership with these men
in the church. was not sufficient 10 dis
qualify him.
Mr.. Tayler again took the floor and
attacked Judge Van Cots line of argu-
ment He said six of the apostles who
had signed the petition for amnesty had
lived in pOlygamy since then
With the knowledge and encourage
ment OF the respondent (SmoOD?" in
ouireG Dir. Beveridge.
Undoubtedly. declared Mr.. TayIer.
emphaIic2lly.
He referred to Apostle Grant as a
man who was d fugitive from Justice
and for whose arrest a warrant Is now
in existence
MAY SUCCEED TAYLOR.
Rear Admiral r. D. Evans. command