Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-01-09
souNDTOupHOLO CONSTITUTION
psoudiatcs Allegation That He Is One
Of an Alleged Self'Perpetu'
aling Body.
oussTION OF CHURCH AND STATE
DENIES First Presidency Has Any Con
troll Over Temporal Affairs of State
Or Of Peoples Temporal Affairs

washington, Jan. o,-The response OF
Senator Reed Smoot OF Titan to the
charge made against him was present.
"A 10 the senate committee on privi-
,os.s and elections today by Senator
Burrows. chairman of that committee.
Tho document was in printed form, and
the members of the committee did not
% through the Formally of reading II
during the session; 1t was agreed that
q, ,be regular meeting Of the committee
m be- held next Saturday the attorneys
FOR Mr. smoot and for the petitioners
should be heard, John G.. Carlisle OF
New York, formerly secretary of the
treasury, and r. w. Tayler formerly
A representative in Congress from
Ohio. will appear for the prosecution.
while Mr.. Smoot will be represented by
Nessrs. A. S. Worthington of Wash
ington. D, c Waldemar Van Colt OF
Utah. and W. Z. Borah of idaho. The
attorneys will be heard as to the merits
Of the case as already presented. They
wifi be examined TO show precedents
and authorities and after they shall
have made their presentation the CON-
mittee will decide what TO do further
IN the matter by Slllng witnesses or
dispose Of II on the showing which will
then have been made.
Senator Reed Smoot today submitted
the following answer to the protests
against retention Of seat In the Unit
ed States senate:
This respondent is advised and AYERS
that but two of the charges made
against him in said protests, either d.
rectly or by Implication, are such as, II
true, could legally affect his right TO
hold his seat in the senate. These two
charges are
'l-That the respondent is poly
yamist
2-That he is bound by some oath or
obligation which is inconsistent with
the oath required by the Constitution,
which WIS administered to hirs before
be took his heat as a senator,
CHARGES ARE DENIED.
Both these charges respondent de-
MES
AS to the charge that he Ia n poly
gamlst, the respondent says that he
was married on the 18th day OF septem-
Der, 1884, to Alpha May Eldridge. She
Is still his wife, and Is the mother Of all
his children He has never had anoth-
er wife and has never cohabited with
any other woman.
NOT BOUND BY SECRET OATH.
"As TO the charge that the respond
ent Is bound by some oath or obliga-
ton controlling his duty under his oath
as senator the respondent says that
he has never taken any such oath, or
In any way assumed any such obliga-
lion. He holds himself bound to obey
and uphold the Constitution and laws
OF the United States, including the con-
dlton In reference TO polygamy upon
which the state Of Utah was admitted |
Into the Union,
The respondent now moves to strike
out and eliminate, separately from said |
protest, each and every matter and |
lning therein contained, except the two |
charges above mentioned
Nhle the respondent Is advised and
AYERS that the other matters referred
70 IN SAID protests are such as cannot |
tsally or properly be considered as af- |
lecllng the right Of the respondent to
,eWln MS seat In the senate, neverthe- |
iess me respondent now proceeds 10 an
twr the same, submitting the question |
VI me relevancy OF the same not waiy- |
on.
NO SELF PERPETUATING BODY.
The respondent denies that he is one
said alleged -perpetuating body |
y 10 men, or that there IL any such |
soly OF men; or that the followers or
msetlbers OF the Church of Jesus Christ |
LatIer-day Saints or any OF them, |
se'ord the right to said alleged body |
W cam supreme authority, either d.
slnely sanctioned or otherwise, 10 |
smaPe the belief or control the con-
suu' OF those under them IN all or
NY matters, civil or temporal, and |
ual SAID church or such alleged body |
ga,Ils or exercises any such alleged |
,tshIs; or. that said church. or said |
snsged body Of men or either of them,
INV, uDnIe either In one body or In all OF |
,nein' the authority OF chruoh and |
s.ale, or OF the state, or that said |
mutch, or said alleged body Of any |
ss'son or body exercises any authority |
power as to incucate or encourage |
Venet IN the practise of polygamy |
- Ueiiet IN or practise Of polygamous
.VnaoNation, or that either counter.
Rye OF conniyes ut any violation OF |
he Avs OF the State Of Utah or OF |
ne United States, either regardless OF |
yyuges or pledge, or otherwise AZ all, |
, n,ner made for the said alleged pur-
, ,o, OF otherwise, or nj all, or Of any |
,,UEenahts or covenant or otherwise, |
rner made with the people OF the I
S'u'ca states Or any other person Or |