The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1904-01-16
Senate Committee on Privileges
and Elections Meets.
Attorneys on Both Sides Make
Their Presentations.
MAY OFFER NO PROOF
To Show That the Senator
Practices POlygamy.
Prosecution Will Try TO Estab-
lish Truth of Other Charges.

| Washington, Jan. 16.-The senate COM
nittee on privileges and elections met
today for the purpose of hearing the
presentations of the attorneys on both
sides of the case involving the right
| of Senator Smoot of Utah to occupy his
seat. Former Representative Tayler of
Ohio was heard for some of the pro-
/ testants, and T. P. Stephenson for those
| who are representing the National Re
form association. A. S. Worthington
| and Waldermar Vancott were present
| on behalf of Senator Smoot, who also
was in attendance. The first presenta-
ton was made by Mr.. Tayler, who be-
gan his argument by saying that he
did not know that any proof would be
presented in support of the charges that
Mr.. Smoot was po1ygamist He took
up the question of the right of the SEN
ate to expel a member, contending that
! the Senate'S authority in the matter
was limited only by the question of
! propriety. On this point of testimony
Mr.. Tayler said the protestants expect
ed to prove the following charges:
l. The Mormon priesthood according
to the doctrine of the church and the
! belief and practice of it's membership,
| is vested with and assumes to exercise
| supreme authority in all things tenn
poral and spiritual, civil and political.
The head OF the church claims to re-
celve divine revelations, and these
/ Reed Smoot by his covenants and OBJ
1gations is bound to accept and obey.
z The first presidency and twelve
! apostles. of whom Reed Smoot is one
| is supreme in exercising the authority
/ of the church and in the transmission
of the authority of their successors.
Each of them is called prophet seer
and revelator
! 3-As shown by their teaching and by
i their own lives this body of men has
y f1G hn1i inf s,ar 4
4 polygamous coha bitation. On the con-
trary-(a) as the ruling authorities of
the church they pronulgate in the most
solemn manner the doctrine of poly
gamy without reservation. (b) The
president of the Mormon church and a
majority of the II apostles now prac-
tfce polygamy and pOlygamous coI4abi-
: tation and some of them have taken
polygamOuS wives since the manifesto
of 1890. These things have been done
; with the knowledge and countenance
of Reed Smoot, plural marriage cere-
monies, have been performed by apos-
ties since the manifesto of 1890, and
many bishops and other high officials
of the church have taken plural wives
since that time. All of the first presi-
dency and the u apostles encourage
and countenance, conceal and connive
at polygamy and polygamOuS cohabita-
ton and honor and reward by high Of
fee and distinguished preferment those
; who most persistently and definitely
/ violate the laws OF the lana.
Though pledged by the impact OF
statehood and bound by the law OF
their commonwealth this supreme body
whose voice is law to it's people and
whose members were individually, di-
rectly responsible for the good faith
to the American people, permitted with
out protest or objection, their legisla-
, tors to pass law nullifying the stat
, ute against polyamous cohabitation-
For all these things Reed Smoot is
lou and
this body and to the American people
; In connection with the third specifica
, ton, Mr.. Tayler gave list OF the docu
! ments recognized by the Mormon
not include the manifesto of $780, end
ing the command to take plural wives
but he contended that this manifesto
: does not prohibit polygamy. He als'
! declared that the doctrines and cove
nants of the church are still published
, by the church without any reference t.
the manifesto.
: In reply Mr.. Worthington said th
very materially from the charges mad
in the formal statements and he asked
time in which to make a reply, which
was granted
Mr. Worthington agreed that Their
was no limit to the power OF the Senat
to pass upon the notification of its owl
: members, but contended that it's juris
diction is limited. He then laid dow
the general proposition that the senat
was without jurisdiction of OffenSe
which may have been committed befor
a member became a senator unless com
mitted in connection with his election.
. DO you mean,' asked Senator Pettus
a member of the committee, that thi
| body is not permitted to inquire as t.
l any moral quality as to one of its mem
I bers with a view of his expulsion; tlla
no matter what he did or said before hi
[ election the election purified him? ?"
5 Mr. WorthiDPtOn rpnlied that SuCl
: was his meaning and he quoted TIL
n action of the senate in the Roach cas-
g and the position of the house in tn
y Roberts case in support of this view
: In reply to a question from Senate
S Hopkins as to what would be the effec
: if the offense should be of a CONTINUING
character, Mr.. Worthington admitte
. that the senate would have jurisdiction
o He also said, replying to Senapr Bev
4 eridge, that it was not intended to ad
. nit that his client had been guilty O
offense prior to his election. Senate
McComas asked whether there wa
y anyone present who appeared for tn
# person who charges Mr.. Smoot with be
. ing a polygamiSt-
\ No one answered. and Mr. Worthins
q ton said that if anyone did appear t
. support that charge it must be born
? in mind that Mr.. Smoot has positivel
i denied He referred to Mr.. Smoots an
swer setting forth the circumstances {
= his marriage, which Mr.. Worthingto
. said is the only marriage he has eve
contracted.
Mr. Worthington referred to tn
charge that Mr.. Smoot took an oath
support the church in connection wit
r his election in 1900 as an apostle of tn
IS Mormon church. The oath taken b
Y Mr. Smoot as senator had been de
: clared, he said, incompatible with tn
6 former oath, s'and," continued NJ
II Worthington, 'if anyone has proof ths
e this oath of allegiance to the Unite
n States was taken with mental reservs
: ton, let it be produced
If that charge could be supported, sal