The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-01-17
SHALL He Of UTAH
Be SEATED2
"A Stubborn Battle is
Being Fought.
Attorneys for SmOOt and His OppO,
nents Argue the Case Before the
Senate Commute on Privi-
Ieges and Elections.
(By the Associated Press.)

/ Washington, Jan. 16.-The Senate Com
mittee on Privileges and Elections met
today for the purpose of hearing the rep
resentatins of the attorneys on both sides
of the case involving the right of Senator
Smoot, OF Utah, to occupy his seat.
Former Representative Taylor. OF Ohio,
appeared for some of the protestants. and
/ T. =. Stephenson for those who are rep
resented by the National Reform Associa-
ton. A. S. Worthington and Waldemar
Vancott were present on behalf of Sen
ator Smoot, who was in attendance. The
| first presentation was made by Mr.. Tay-
/ lor, 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 a polygamst
Mr. Taylor said the protestants expected
to prove The following charges:
That the Mormon priesthood assumes &c
exercise supreme authority in all things
temporal and spiritual civil and political
that they promulgate the doctrine of
uoygau,y without reservation that the
president OF the Mormon church ANA a
majority of the Twelve Apostles now prac-
tice polygamy and polygamous co.habira-
ton, and some of them have taken polyg-
plural marriage ceremonies have been
performed by Apostles since the manifesto
of $780, and many bishops and other hig'i
officials of the church have taken plural
wives since that time
Mr.. Worthington, in reply laid down the
general proposition that the Senate was
without jurisdiction of offenses which may
have been committed before a member
became a Senator unless committed ~
connection with his election.
ls4'Do you mean" asked Senator Pettus
Ia 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. In reply to question from
Senator Hopkins as to what would be
the effect if the offense should DC of
continuing character. Mr.. Worthington
admitted that ;he Senate would have
jurisdiction.
Senator McComas asked whether there
was any one present who appeared Coz
the person who charges Mr.. Smoot 18th
being a polygamist.
! No one answered, and Mr.. Worthington
said that if any one did appear to sue
port that charge, it must be borne IN
mind that Mr.. Smoot has positively Dc
MED it,
| Mr.. Worthington referred to the charge
that Mr.. Smoot took an oath to support
the church in connection with his cleo
ton IN 1900 as an apostle of the Mormon
church. The oath taken by Mr. Smoot as
Senator had been declared. he said in.
,f,.tt t,ln 81
continued Mr.. WOrthington. IF any one
has proof that this oath of allegiance to
the United States was taken with mental
reservation let it be produced" If that
charge could be supported said he it
would convict Mr.. Smoot Of acting a he.
! Mr.. VanCott made statement in Sena-
tor Shoots behalf He invited the full
est inquiry into Senator Shoots life. Eve
throw down the bars" he said "and in
vIte you to investigate his entire career. .
If he went on, you find that he
had ever been guilty of any offense
| against the law. his counsel will throw
up the case and walk out We also throw
down the bars as to Mr. Shoots moral
character" He denied that Senator
Smoot had ever taken an oath which was
Inconsistent with good citizenship.
Mr.. YanCott denied emphatically that
Senator Smoot had ever encouraged polyg-
amous cohabitation or any other crime.
He contended that II the committee should
decide 20 make It's investigation general
with reference to the members of the
Mormon church it should confine itself to
polygamy and not to polygamous cohabi-
totion, for the reason that II had been i'm
possible as he believed, to entirely stamp
out such cohabitation on the part OF
persons who had entered into polygamous
marriages before President Woodruns
manifesto OF 1890.
Senator Burrows, chairman OF the cont
mittee. asked Mir. VanCott specifically
concerning the charge that the first Pres
ident and the Twelve Apostles Of the
Mormon church were today living in the
practice OF polygamy Mr. VanCott said
he understood and believed that Joseph
Smith. the president OF the church was q
polygamist. AS for Messrs. Young and
Winder. his information was that they
were both monogamists.
With reference to the apostles SIR. /
vanCott said that IL was his information
that six CT seven of the twelve are polyg-
anlists but he added that none of them
are living in polygamous cohabitation. |
He said they had lived in obedience to
the law since the issuance of the Wood |
run manifesto.
Mr.. vanCott said that where the assc
GATES OF Mr.. Smoot had practieed polyg |
amy or violated laws their acts would I
sssbjact them 10 punishment but that I
would in no manner unfit Mr. SmoOt from 4
qualifying a. Senator.
Mr.. Burrows asked Mr. VaaCott II his |