The Birmingham age-herald., 1904-01-17
Committee Investigates His Right to Occupy a Seat
 in the Senate
FORMAL CHARGES MADE
 AGAINST UTAH SENATOR
Mir. smoot Takes Exception to Ref erence By Senator Burrows Re- fIectlng on the Mormon
 Church.

Washington, January 16-The senate committee on privileges and elections met today to hear the attorneys on both sides of the case involving the right of Senator Shoot of Utah to occupy his seat. Former Representative Tayler of Ohio was heard for some of the Protestants and E. P. Stevenson for those who are representing the National Reform association. A. s. Warrington and waldemer vancott were present On behalf of Senator Shoot, who was also in attehdance
 The first presentation was made by MT. Tayler, who began his statement by say ing that he did not know that any proof would be presented in support of the charge that MT Smoot was Jolygamist. He took up the question (. the right of the senate to expel a member, contendin that the senate's authority in the mattel was limited only by the question of pro- priety. On the point of testimony MT. Tayler said the Protestants expected to prove the following charges;
 Charges Against Smoot.
 1. The Mormon priesthood, according to the doctrine of the church and belief prac- tices, and its membership is invested with and assumed to exercise supreme author ity in all things temporal and spiritual, civil and political. The head of the church claims to receive divine revelations. and these Reed Smoot, by his covenants and obligations is bound to accept and obey.
 ?. The first presidency ana twelve apos- ties, of whom Reed Shoot Is one, is su- preme in exercising the authority of the church and In the transmission of the au- thority to their successors. Each of them is called prophet. seer ana revelator.
 8. As is4.shown by their teaching and by thcir owE lives, this boly of men has not abandoned belief in polygamy and polsgamous cohabitation. On the con- trary-
 (a) As the ruling authorities of the church they promulgate in the most sol- emn manner the doctrine of polygamy, without reservation.
 (b) The president of the Mormon church and a majority of the twelve apostles now practice polygamy and polygamous CO., habitation, and some of them have taken polygamous wives since the manifesto of iSs0 These things have been done with the knowledge and countenance of Reed Shoot Plural marriage ceremonies have been performed by the apostles 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 presidency and the twelve apostles encourage, countenance, conceal and connive at polygamy and polygamous cohabitation, and honor and reward by high office and distinguished preferment those who most persistently and defiant1y violate the law of thesland.
 4. Though pledged by the compact of statehood and bound by the law of the commonwealth, this supreme body, whose voice is law to its people and whose mem bers were individually, directly responsi- ble for good faith to the American people, permitted, without protss. or objection. their legislators to pass a law nullfying the statute against polygamous cohsbi- tation.
 For all these things Resd Shoot is re- spcnsble in law and in conscience D this body and to the American people.
 List of Documents.
 In connection with the th,rI lpeciflca- tion MT. Tayler gave a list of the docu- ments recognized by the Mormon church as inspired
 In this list he did not include the man. ifesto of 1890 suspending the command to take plural wives. hut he contended that this manifesto did not prohibit p2lygamy He also declared that the doctrines and covenants of the church are still puH- lished by the church without any refer ence to the manifest,
 In reply MT. Worthington agreed that there was no limit to the power of the senate to pass upon the nullification of its own members but contended that it's jurisdiction Is limited. He laid down the general proposition that the senate was without Jurisdiction of offenses which Der became senator unless committed in connection with his election. Do you mean" asked Senator Pettus, A member of the committee, that this body is not permitted to inquire as to any moral quality as to one of it's mem- bers, with a view to his expulsion; that no matter what he did or said before his election, the election purified him.?
 Such Was His Meaning.
 Mr. Worthington replied that such was his meaning, and he quoted the action of the senate in the R.,ch case and the posi- tor of the house in the Roberts case in support of this view.
 In reply to a petition from Senator Hop kins as to what would be the effect if the offense should be of a continuing charac- ter MT. Wcrthington admitted that the senate would have jurisdiction. He also said, replying the Senator Beveridge, that it was not intended to admit that his client had been guilty of offense prior to his election.
 Senator Pettus asked if there was any one who appeared for the person who charges MT. Smoot with being a polga- mist.
 No one answered and Mir. Worthington said that If anyone did appear to support that charge 1t must be borne in mind that Mr. Shoot has positively denied the charge. He referred to Mr. Shoots an- swer setting forth the circumstances of his marriage which Mir. Worthngton said Is the only marriage he has ever con- tracted.
 Mir Worthington referred to the charge that Mir. Smoot took an oath to support the church in accordance with his elec- tion in 1900 as apostle of the Mormon church. The oath taken by Mir. Shoot as senator had been declared he said, in compatible with the former oath. And. . said Mir. worthington, If anyone has proven that this oath of allegiance to the United States was taken with mental res ervation. let 1t be produced"
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