Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1904-01-13
.SMOOT FILES
HIS ANSWER
Utah Senator Replies to the Charges
Made Against Him-penies That
He is a PoIygamist.
RETAIN PROMINENT ATTORNEYS
Both Sides Represented by a Brilliant
Array Of Legal Lishts-John G,
Carlisle Prosecuting.

the charges made against him, as pre-.
scented to the senate committee on
privileges and elections by Senator
Burrows. chairman of that commit,
tee. The document was in printed
form and the members of the com
mittee did not go through the formal.
ity of reading it during the session.
II was agreed that at the regular
meeting of the committee, to be held
next Saturday. attorneys for Mr..
Smoot and for the petitioners should
be heard. John G.. Carlisle, of New
York. formerly secretary of the treas
ury; r. w. Taylor, formerly a repre-
sentative in congress from Ohio, will
appear for the prosecution; while Mr..
Smoot will be represented by Messrs.
A. S. Worthington, of Washington, d.
c., Waldeman Van Colt, of Utah, and
w. Z. Borah, of Idaho.
The attorneys will be heard as TO
the merits of the cas- as already pre-.
scented. They will be examined to
show precedents and authorities. and
after they shall have made their pre-
sentation the committee will decide to
do anything further in the matter by
calling witnesses, or to dispose OF 1t
on the showing which will then have
been made. The answer OF Senator
Smoot is as follows:
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, If true, legally affect his right
to hold his seat in the senate. These
awo charges are:
81. That the respondent is a poly.
gamist.
"2. That he is bound by some oath
or obligation which is inconsistent
with the oath required by the execu.
tive which was administered to him
before he took his seat as a sena-
tor.
Both these charges respondent
denies. AS TO the charges that he is
a polygamist, the respondent says
that he was married on the 18th day
of September, 1884, to Alpha May Ed.
ridged. She is still his wife, and is
the mother Of all his children. He
has never had another wife and has
| n0unr hitnI urf&h ana athnr ~
en-. As to the charge that the re,
s%pondent is bound by some other OBJ.
legation controlling his duty under his
oath as a senator, the respondent says
that he has never taken any such
oath. or In any way assumed any such
obligation. He holds himself bound
TO obey and uphold the constitution
and laws of the United States, includ.
ing the condition in reference to poly.
gamy upon which the state of Utah
was admitted into the union. The
respondent moved to strike out and
eliminate, separately from said pro.
test, each and every matter and
thing therein contained. except the
two charges above mentioned.
Makes More 0enlaIs.
while the respondent is advised
and AYERS that the other matters re.
ferred to in said protests are such as
cannot legally or properly be consid.
cred as affecting the right of respond.
ent to retain his seat In the senate,
nevertheless the respondent now pro.
ceeds to answer the same, submitting
the question of the relevancy of the
same, not waiting his said motion but
insisting thereon.
1.-The respondent denies that he is
one of the said alleged sel~f-perpetuat.
ing body of Is men, or that there is
any such body of 10 men, or that
there Is any such body of men; or
that the followers 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 otherwise, and shape
the belief or control the conduct Of
those under them In all or any mat
tiers, civil or temporal, and that said
church or such alleged body claims OF
exercises any such alleged rights, oil
that said church or alleged body OF
men or either of them. unite either In
one body or In all of them, the author
ity OF church and state or of the
state. or that said church, or said
alleged body or any person or bod,
exercises any authority or power as tC
i~nculcate or encourage a belief In the
practice of polygamy or belief In OF
practice OF polygamous cohabitation
or that either countenances or con
hives at any violation OF the laws Of
Utah or OF the United States, regard
less OF pledges or otherwise or at all
or of any covenants o., covenant. OF
otherwise, either made with the peo
pie of the United States or any othel
person or body. or that said church
or any person or body, by all or an!
means whatsoever, either protects o.
honors persons or any person who II
or may be guilty OF said alleged prac
tices, or any practice. either destrlc
tive OF the family or the home or 9th
erwise, or that said alleged body. o.
any OF them violate any laws OF thu
land, or is guilty of any Of said elleg
ed practices, and this respondent TO
himeslf, In particular, denies that h
is one OF the said alleged set or pei
~petuating body OF Is or that there 4
any such body. or that said church
or any part thereof, or any persol
therein. inculcates or encourages
belief In the practice Of ~polygamy 0
belief In or practice Of polygamou
cohabltatioh or that he Is a polygan
list or that he has ever been a pal,
gamist or that he has ever practice
polygamous cohabitation."
!. GAMBLING CAUSED IT.
Trusted EmpIoye Of the Northern pI
eife Gives Himself Up.