Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-03-07
Some Senators Are Discussing
Constitutional Amendment
Prohibiting Polygamy
sENATE's POWERS IN DOUBT
General inclination to Believe That the
Senate Has Absolute Power Over Its
Members and May ExpeI smoot With
Majority vote-outIook Bad For
Smoot.

Washington, March 7.-Many sena-
a constitutional amendment providing
for a universal marriage law and the
supps sssion Of polygamy and polygan-
Gus cos> sitatiion for all time.
The SUBJ was discussed at an In
formal gatheffng of members of the
senate committee on privileges and ell
ections Immediately after the Smoot
hearing Saturday 1t was the general
opinion that by such an amendment
Mormonism and the practice of plural
marriage could be eradicated.
Local members of the Woman's
Christian Temperance Union and other
women's organizations give the idea
their hearty support. Miss Helen Gould
of New York and others prominent in
social work have also signifed their
Willingness to lend every possible aid
to any such means of suppressing or
Furnishing violations of laws bearing on
family relations.
AS Senator Foraker explained to a
correspondent constitutional amend
ment is this only means by which the
point can be reached.
1.-The subject of marriage is matter
purely within the jurisdiction of the
several states,' he said. Each state
has the right to prescribe its own laws
in this respect, and the federal govern
ment cannot interfere. There Is, OF
course, no such thing as interstate
marriage, and without a vote of two
thirds of each branch of the national
congress ard the endorsement by three
fourths of the state legislatures moth
ing can be DONE
Senators Burrows, Dubois, Hoar,
Bailey, Pettus, Oyernan, and others IN
and out OF the committee are inclined
to believe President Smith has admitted
two OF the protestants' claims, either
OF which, in the minds Of many, would
justify the senate in ejecting Mr..
Slnoot.
Points Against smoot.
The first claim is that Mr.. Smith has
acknowledged the church exercises an
influence ever the political destinies OF
Its members. as Mr.. Smoot was obliged
to secure The consent of his fellow
apostles before becoming candidate
for the senate.
The second claim is that Mr.. Smith
and others who practice similar poly
gamous relations are In "A conspiracy to
violate the law. and that by being in
religions. personal ana business asso-
ciation with such violators of the law.
MIR Slnoot has surrendered his title to
law abiding citizenship.
Those two points are held to be of
the greatest Importance and either one
may determine the case against the
Utah senator.
Senates Powers In Doubt.
There liz much discussion as to the
exact manner in which Mr.. Smoot may
be unseated Ii case is made against
him. Sorns contend that two-thirds
vote will he necessary white others
claim that only majority vote Will be
required. To "expel" a senator two
thirds vote, OF the senate is necessary.
but to declare a senator's seat va
cant" only majority vote Is requir-
ed.
aTha sertate Is the absolute and sole
Judge of it's own membership" said
Senator Blackburn Saturday "Notwith-
standing the fact that a senator may
have been sworn in the senate may
subsequently, adopt. by a majority vote,
resolution declaring his seat vacant.
In fact 1t can do anything it pleases in
any manner it pleases SO far as its
own membership is concerned
"A constitutional disqualification in
the case of a senator can be held by a
majority vote to unseat that senator,
no matter what action by the senate
NAV have preceded it,"