Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-07
RIGHTS OF WITNESSES
IN THE SM00T CASE

Editor Deseret News-ln the inVes-
tigatlon Of the Smoot case It appears
THAT unless the honorable committee
of the senate Is very careful, It VIII es-
tabllsh more dangerous precedent
than the alleged wrongs 1t is inquiring
into.
In speaking thus, wish to state
what is well known TO my friends that
Il have BEEN and am stu opposed, o"-
ing 10 the peculiar duties o' an Apos-
tie to uniting the same and the ONCE
Of senator In one person. so that am
not discussing specially the junior SEN
ator's fortunes IN one way or another'
but beyond his personality and stu
more fundamental than the question OF
his seat are the other phases OF the
case, which deal with the commuters
fright to investigate and inquire into
the home life OF individuals, and which
apparently tend to set aside well known
constitutional rights
whether Senator smoot consents to
President Smith and other witnesses
testifying or not. It seems to me that
the committee ought to establish rule
that protects witnesses In their consu-
tutlonal right to not be compelled W
lnna,yer discriminating and privileged
questions Many of the questions ASK
ed President Smith tended to Vlolate MS
personal rights, and the wonder H. uh-
less there was some desire 10 eNpeuite
the hearing, that the committee ala NOT
advice him Of his rights OF What prac-
.tlcal value IL the right to the writ Oh
.hnbeas corpus, II. rather than 10 IN
woke Il, we allow our most precious
and sacred rights TO be lntrlnged.
Another phase OF the inquiry IL as
TO the rights OF individuals 10 nave
their home rights, and The rights OF
property and liberty sacredly protectf
and II has been well said Of the great
common law doctrine Of ones rlght 10
his home and the sacredness ana pri-
vacy thereof, that Every mans mouse
is called his castle, why? because
Il is surrounded by q moat' or defehu-
ed by q wall? No II may he straw
hut; the wind may whistle through H.
and the rain may enter II, nut the
king cannot" So, as above stated. u
we drift too far from those established
tights OF citizenship and OF liberty
in any inquiry, such course may 90
more harm TO the public policy OF the
ration and the state than the alleBeu
ofenses that may exist
Personally, too, desire to say that
the fact that some Of the witnesses IN
his case are "Mormons," may tend to
cause undue prejudice to exist In the
investigation but being Mormon
myself | desire 10 say that | allow no
man TO 20 before me on the questions
of loyalty and patriotism to the insti-
buttons OF my country. The lessons OF
American liberty, and the growth Of
freedom in the world are endearing
subjects TO me and always have been,
Such themes are always inspiring TO
every freeman, whether he be Nor
mon" Jew or Gentle, and anything that
would tend to interfere with them,
would meet with resistance from any
spirited man, ,, ,
fl Is said, 'Montlneer semper libre,'
(Mountalneers are always freemen) and
this Is true with reference to the peo-
ME OF the state of Utah and the Rocky
Mountains, as well as or other parts OF
the Union. Sumner said that the first
of rights Is equality Of rights and
James G. Blaine aptly said THE first
impulse Of an American il equality"
md so say that this idea Of equality
should be maintained In every invest-
CATION, ana before every tribunal II
should be so or else as Lincoln says
IAN OF liberty viii be lost, and we
cannot keep the Jewel, freedom, in the
family Of nations
Believing that the committee In In
vestigatlng this matter viii view broad
~ the rights Of all concerned In II, and
consider the great conquests made by
the Pioneers and settlers Of the west,
as well as the rights Of petitioners
am, Sincerely
DANIEL HARRINGTON.
March Z, 1904,