Waterbury evening Democrat., 1904-01-09
Presented to Senate
 Committee.
Reading of Document Dis- pensed With--Commit- tee Will Soon Decide Whether to Hear Wit. neSSes or Not

suAAOuSAS SAdIEbSIu OL pudC CUuullL- tee. The document was in printed form and the members of the commit tee did not go through the forma1ity of reading it during the session. The at torneys for Shoot are A. s. Worthing- ton of Washington. Waldemar Van Cott of Utah and w. E Borah ofIdaho. The attorneys tor tho petitioners are John G. Carlisle of New York and R. ? W. Taylor of Ohio. The attorneys will be heard as to the merits of the case. The committee will then decide as to hearing witnesses in the case.
 Mir Shoot submits in answer to charges against him, the following:
 ''This respondent is advised and ayers that but two of the charges made against him in said protests, either directly or by implication, are such as, if true, could legally affect his right to hold his seat in the sen ate. These two charges are:
 Il. That the respondent is polyg- samist.
 s'2. That he is bound by some oath or obligation which is inconsist- cnt with the oath required by the con- stitution, which was administered to him before he took his seat as a sem ator.
 Both these charges respondent de- nies.
 As to the charge that he is polyg- amist, the respondent says that he was married on the 17th day of Sep , fember, 1884, to Alpha May Eldrege. She is still his wife, and is the mother of all his children. He has never had any other wife, and has never CO., habited with any other woman.
 As to the. charge that the respond ent is bound by some oath or obliga- ton controlling his duty under his oath as a senator. the respondent says that he had never taken any such aaath, or in any way assumed any such obligation. He holds himself bound to obey and uphold the consti-, tuition and laws of the United States, Including the condition in reference to polygamy upon which the state of Utah was admitted into the union.
 'sThe respondent now moves to strike out and eliminate, separately, from said protest, each and every matter and thing therein contained, except the two charges above men toned.
 While the respondent is advised and ayers that the other matters re- ferred to ill said protests are such as cannot legally or properly be consid- cred as affecting the right of the re- spondent to retain his seat in the sen ate, nevertheless the respondent now proceeds to answer the same, submit ting the question of relevancy of the I.se but insisting thereon
 ssThe respondent denies that he is one of said alleged self-perpetuating body of 15 men, or that there is any such body of men; or that the follow CTS or members of the church of Jesus Christ of Latter Day Saints or any of them, accord the right to said alleged body to claim supreme authority, either divinely sanctioned or other wise, to shape the belief or control the conduct of those under them in all or any matters, civil or temporal, or that said church ora such alleged body claims or exercises any such all legged rights; or that said church, or said alleged body of men, or either of them, unite either in one body or in all of them. the authority of church and state, or of the state. or that said church, or said alleged body, or any person or body exercises any authori- ty or power either so or at all as to inculcate or encourage belief In the practice of polgamy or belief in or practice of poygamous cohabitation, or that either countenances or con hives at any violation of the laws of the state of Utah or of the United States, either regardless of pledges or pledge or otherwise at all, either made for the said alleged purpose or otherwise. or at all, or of any eoven- ants, or covenant, or otherwise, either made with the people of the United States or any other person or body; or that said church., or any per son or body, by all or any means whatsoever, either protects or honors persons, or any person, who is or may be guilty of said alleged practices, or any practice, either destructive of the family or the home or otherwise.
 "This respondent further denies that he has ever countenanced or con nived at any violation of any law, either of the state of Utah or of the United States.
 'This respondent further alleges ! that the president of said church ana his two eounselors constitute the first presidency and Is the highest gov erning body in said church, and the same has control of the spiritual and temporal affairs of said church. but not of the temporal affairs either of the state or of any members Of said church: that the next highest governing body in said church is the twelve apostles, consisting of twelve members of said church, who are under the direction of the first pres iiency; and said apostles. on the disso- I11tion of the first presidency for any reason whatsoever. then, md not otl- erwige. have authority equal to such arst presidency.