Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-08
EXCEEDING IT'S POWER.

Some discussion has been raised over
President Joseph f. Smiths objection
to the interference Of Congress In mat
tiers that belong only TO this State. He
had answered numerous questions as
to his family affairs, which were beyond
the purvew OF the committee Of In
yestigatlon and that would not have
been permitted in court. Pressed and
pushed repeatedly on the same matters
that he had frankly replied TO already
he showed, according to the press dis
patches, more feeling than he had pre-
yiously exhibited, and said as he leaned
forward
But II Is to the laws Of Utah that
| am answerable and IL is the law OF
my state that has the right TO punish
me, The courts of Utah are OF cOmpe-
tent jurisdiction, Congress has no
business TO interfere with my private
affairs
President Smith was exactly right In
that assertion 1t should be understood
that there are no laws OF Congress on
such matters that apply to any State
In the Union, The statutes defining
pOlygamy, and other but different Of
fences, are applicable only and solely
to the Territories. Every lawyer
knows that and so do all persons ac.
quainted with our national system OF
government, And then Senator Smoot
is In no way responsible for President
Smiths actions, beliefs or ayowas.
And the investigation was originally
ordered TO find out MI Shoots quaih-
cations or otherwise to seat In the
Senate.
II people who think Congress or the
Senate, or a committee Of that body has
any lawful authority Of the kind re.
ferred to by President Smith, we would
like the law or clause OF the Constitu.
tion comforting II to be cited for gen.
eral information, On the subject In
hand, the Nebraska State Journal has
the following pointed editorial:
1T would appear from the perform.
ances Of the senate committee on elec-
tions and privileges that gentleman
OF the name Of Smith. had also been
elected to that body from Utah, and
that the committee had him In hole
Either that or the committee Is maxi
ing Itself quite ridiculous In It's In
vestigatlon OF the private character
and domestic habits OF Mr. Smith. II
Is true that MI Smith IL also an
apostle, but apostles may perhaps diff
ferentiate themselves more or less In
these little matters. What power
does the constitution confer upon the
senate TO star chamber Il private citi-
zen and make him answer such ques-
lions az those propounded to Mr., Smith
by Mr.. Tayler, the attorney of the
womens clubs? What are We coming
to anyway? Chairman Burrows may
not know any better but surely Sena-
tors Hoar. Foraker and Pettus must
have lived long enough to learn the
limitations OF senatorial authority over
Apostle Smith,
THE questions propounded TO Smith
as to the law OF the Church In the mat
ter OF p0lygamy were proper enough as
the charge has been made that II is In
violation OF the statutes OF Utah. But
after he had definitely answered that
the law Of the Church had forbidden
p0lygamy since the admission OF Utah
as state, and that no nolygamous
marriages had been celebrated by any
Mormon authority since the antl-polyg.
amy rule had been adopted, II was per-
fectly lmpertlnent and scandalous to
insist on requiring Smith TO narrate
hls personal experiences IN the mat
ter. The senate Is skating on thin ice,
1T was equally impertlnent to elicit
from Smith the fact that Mr. Smoot
had TO obtain the permission Of his COLI
leagues on the board Of apostles to be
a candidate for the senate, II opens
the door very wide. Is II matter
OF inquiry for this committee whether
a senator had to ask his wife or his
mother.in or his business partner
for permission TO be a candidate?
Next thing they will be asking whether
he asked permission OF a railroad mag
nate or local political boss or q cor
poratlon that employed him. II Is but
a step from your spiritual adviser TO
the keeper OF your prlyy purse, your
medical adviser or the door keeper Of
your skeleton closet Is II the lnten-
ton Of the committee 10 take the ia
on entirely and open confessional
for all sundry persons who may come
down to Washington with credentials
emitting them TO seats In that august
body?'