The Montgomery advertiser., 1905-01-27
AGAINST REED SHOOT
JUDGE TAYLER MAKES ARGUMENT
 FOR PROTESTANTs.
Says Question of Morals Is Incidental. the Principal Involved Being the Law and Respect for the
 Law

Washington, Jan. 26.-Arguments in the Shoot investigation here began to- day. Judge W. R. Tayler of Ohio who has conducted the case for the pro- testants. opened, and tomorrow the ar guments for Senator Smoot will be made by A. S. Worthington of this city and Waldemar Van Cott of Salt Lake. It is expected former Secre- tary of the Treasury John G. Carlisle will close for the protestants.
 Judge Tayler reminded the Commit tee that 1t had been a year since the investigation was instituted. He stat ed that the question of morals was but incidental and that the principal ques- ton involved was one of government and law. He took the position that Q Senator who was not a respecter of the law he was charged to make, could not be, fitted to serve in the highest legislative branch of the government.
 If I thought the facts and history justified it. I would not say a word hgainst the characters of the members of the Mormon heirarchy or Senator Shoot or any of his associates" said Judge Tayler. T do not speak of these because they are lawless, but because they are not lawless. If 1t were a mere question of law-breakine 2 this case would not cause a ripple. It Is because the law they obey Is higher than the law of the land. When man. made law comes into conflict with 8 higher law, Senator Smoot says he would go to another country where the law of God and man was not conflict ing. I am ready to admit the Nor mons are not breaking the laws from spirit of lawlessness. If they were the question would be easy to deal with"
 Judge Tayler then took the question of the powers of the Senate to exclude members elect to that body and ad- vanced the argument that if Senator was ineligible to hold office he might be excluded by a majority vote and fl by any chance he was sworn In and l took his seat the Senate had the pow CT to exclude him by a majority vote
 Senators Bailey, Beveridge, Foraker Knox and Chairman Burrows partici- | pated in a discussion which was caused by the last statement. the first two taking issue with Judge Tayler.
 That the church. the hierarchy and it's members were placed higher than l the law was Judge Taylers chief con- | tention why Senator Shoot should be | unseated
 | In closing Judge Tayler said "A | grave question is yours to answer INeSu oHlOOt HiHlSell IS put d JTlNldl Tn | cident in the mighty problem. It is the problem of government. the insti. | tutional question whether law or cap. rice shall govern people. who know nc ruler but the law and no safe rule but | respect for law.
 "A Senator from the State of Utah | is a Senator of the United States. H. legislates for SU,00O,000 people who hold as their most cherished posses.
 sion such a respect for law because il
 is law. as Reed Shoot, unhappily fol
 him. has never felt or understood from the moment of his first consciou,
 thought down to the present hour
 Judge Tayler concluded his opening argument at 4:3O D. m. and the Com.
 mittee adjourned until tomorrow. wher
 arguments will be made by counsel fol l the defense.