The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-26
ARGUMENT BEGINS.
Reed smoot Investigation Is Nearing
the End.

Washington, Jan. 26.-Arguments in
the Smoot investigation were begun to-
day. Judge w. r. Taylor of Ohio, who
has conducted the case for the protes-
tants, opened and tomorrow the argu-
ments for Senator Sn1oot will be made
by A S. Worthington of this city, and
Waldemar Vancott of Salt Lake City.
1t is expected former Secretary of the
Treasury John G. Carlisle will close for
the protestants.
Judge Tayler reminded the committee
that 1t had been q year since the inves-
tigation was instituted. He stated that
the question of morals was but inciden-
tai and that the principal question in
VOWED was one OF government and
law. He took the position that a SEN
ator who was not a respector of the
law he was charged to make, could not
be fitted to serve in the highest legis-
lative branch of the government.
IF I thought the facts and history
justified it, I would not say a word
against the characters of the members
of the Mormon hierarchy, or Senator
Smoot or Ony of his associates said
Judge TaYler. Il do not speak of
these because they are lawless, but
because they are not lawless. If it
were a mere question Of law breaking
this case would not cause a ripple.
The country is filled with law break
ers. The jails are filled with them. 1t
is because the law they obey is higher
than the law of the land When man
made law comes into conflict with a
would go to another country where
the law of God and men would not
conflict 1 am ready to admit the
Mormons are not breaking the laws
from a spirit of Iawlessness. 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
ala
vanced the argument that if a senator
was ineligible to hold Office he might
be excluded by a. majority, and if by
any chance he was sworn in and took
his seat. the senate still had the power
to exclude him by a majority vote.
In other words If the cause for ex-
pulsion is something antedating his
election and not discovered until the
senator takes his seat, then the two
thirds rule for expulsion does not apply.
Judge Tayler declared that the two
thirds rule covers instances where ex-
pulsion is desired because of some act
committed by a senator while serving
in the senate.
Senators Bailey Beveridge, Foraker
Knox and Chairman Burrows partici-
pated in a. discussion which was caused
by the last statement, the first two TAX
ing issue with Judge Tayler.
That the church, the hierarchy and
it's members were placed higher than
the law was Judge Tayler's chief con-
tention why Senator Smoot should be
unseated. He said that because the
church received revelations the hier-
archy being in immediate contact with
God, the church was placed above the
law of the land.
In closing Judge Tayler said:
"A grave question is yours to an
swer Reed Smoot himself is but a
trivial incident in the mighty prob
lem. 1t is the problem of govern
ment, the institutional question wheth-
er law or caprice shall govern people
who know no 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. He
legisIates for SO,OOO,O00 people who
hold as their most cherished posses
sions such a respect for law, because
it is law as Reed Smoot, unhappily for
him, has never felt or understood
from the moment of his first conscious
thought down to the present hour"