New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-15
OUTCOME IN SMO0T CASE
OPINION At VARIANCE.
ErDuIsion Doubtful If No NOre
Damaging Evidence Is Addaced.

IRON THE TRIBUNE BUREAU
Washington. March 1.-THE Smoot case, as 1t
e called has now been under investigation by
the Senate Committee on Privileges and Elec-
tons for approximately two weeks and opinion
as TO the outcome is probably more at variance
than when the investigation was begun. Con-
siderable evidence Of a most damaging charac-
ter has been introduced, damaging, at least. to
the Mormon Church and to the state of Utah.
and has had its effect. 1t has been shown that
Mormon apostles have violated the law since
Utah became a state and have suffered nothing
in their standing in the Church result II
has been shown that the present head Of the
Mormon Church is now living in polygamous
relations with five wives all Of whom he mar
ried before the PRONUNCIATION O. the manifesto"
in 1890. and that his probable successor is also
sustaining the same relations with plural wives.
1t has been stated that Mormon apostles have
performed marriages where they knew that the
man seeking to take wife already had one or
more wives. but this evidence has been con-
tested
All Of this has proved shock to many per-
sons and has undoubtedly served to change
popular opinion in the Senate. where. prior to
tll. beginning OF the investigation opposition to
Mr. Shoots retention Of his seat in the Senate
was found almost exclusively on the Demo
cratic side Of the chamber Nevertheless. those
Republicans who are now inclined to oppose
Reed Smoot are not to he numbered among the
leaders Of the Senate or the moulders OF thought
in that body while the more thoughtful mem
bers Of the upper chamber are TO a man stil
undetermined as to the proper course to be pur-
sued.
HOW THE COMMITTEE STANDS.
It has been stated very generally that a ma
Iority Of the committee now investigating this
case would make a report unfavorable TO Smoot,
but It is probable this conclusion has been ar
rived at without taking into consideration ell
the pecuIiarities OF the situation. The commit
tee stands eight Republicans 20 Ave Democrats.
and those who have asserted that a majority
Of the committee stood opposed 10 Smoot have
assumed tina. Senators Burrows and Hoar would
vote with the Democrats. In the case Of Mr
Burrows this conclusion may be correct; but
notwithstanding the searching character OF some
Of NIr. Hoar's cross-examinauons, the assump-
ton that he has prejudged the case and will
cast n negative vote IS without warrant. and
bespeaxs a lack OF knowledge Of the personality
Of the venerable Senator from Massachusetts,
Nh Hoar. who once described himself on the
floor of the Senate IS "a heratic OF heTetics,' Is
a man who would naturally be Disguised with
the state Of affairs which the Smoot investiga-
ton has brought to the attention Of the Senate
and Of the world; but. on the other hand, he Is
a statesman whose devotion 20 the Constitution
cannot be questioned and whose Affection for
true liberty amounts 10 passion Senator
Hoar Will get at the Dot.om OF the facts but 10
assume at this time that he VII, vote against
Mr. Shoots retention Of his seat in the Sena-s
is an error Of judgment
Some Of the clearer thinking members or the
Senate. while dIltI with regret over the present
situation. stiu regard the expulsion Of Reed
q trrI4 .r Dol .rTT /. d
far been produced. as fraught with danger
They frankly admit thar We're Mr.. Smoot 10 ap-
precate the PROPHECY Of resiEni lg his seat they
would be relieved beyond expression. but thel
g4ayely question the wisdom OF establishing a
pIececert fo- the expulsion of a Senator because
Were IA possible 10 show that Smoot had him
SELF violated the law against polyEauy. either
by practising il or uy becoming IarticeIs 20 its
rrrIfire thor. would be no more question TO
his expulsion than there was in The case OF
Brigham H. Roberts. who was never Permitted
been duly elected but all EFFORT in that direction
has apparently, been abandoned
THE oPPOsITION's GROUNDS.
From present indications the opposition to Mr..
Sroot mus: rcst is case on one or both Of two
grounds. First. that Smoot Is an officer Of a
church which oountcuarres an Illegal practice
and IS bound TO obey its mandates even though
they should be in violation Of the law or the
Land. second that iuasmuch as Utah has broken
her faith with the United states she is not
entitled 20 representation in the Senate
Expulsion on the first po-tulate would IN the
opinion Of many Senators whose Judgment
carries weight, be ia violation OF that clause OK
the Constitution which provides that mo re-
. H. !ous tests shall ever be required 0s quail
fcation TO any office public truss In the
United States Expulsion on the second would.
in the opinion OF the same men. be clearly IN
violation Of that section OF the Constitution
which declares that no state, without its con-
sent shall be deprived OF Its equal suffrage In
/ the Senate
II is further pointed out that the same arEu-
mcut which would undertake TO establ IN Smoot $
uuntness 60 occupy seat I'm the Senate because
he held "a religious belief contrary 20 the law OF
| the land would i'm n measure, apply 20 every lto-
man Catholic who lives in "A State where a divorce
law obtains. for the reason that every Roman
no absolute divorce OF persons once validity
married. and that irrespective OF the law. a
man or woman divorced. on any ground what
! soever. and married again during the lifetime OF
the first wife husband, "a living. consciously
p or ucousciously. in a state Of adultery.
: The danger Of eXpeliing SmOOt on any ground
| save his personal character or conduct is fully
! appreciated by each and every one Of the more
! thoughtful members Of the Senate. and unless
! evidence more damaging to him than has been
/ thus far offered be produced there is little
| likelihood that his expulsion can be effected
SMITH HAS BIG TINE WITH HIS WIVES.