The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-01-27
JUDGE TAYLER'S ADDRESS.
Reasons Given Why Smoot Should
Not Retain His Seat.

Washington, Jan. 26.-Arguments in
the Smoot Investigation were begun
today. Judge *. w. TayIer of Ohio,
who has conducted the case for the
protestants. opened. and tomorrow the
arguments for Senator SmOot will be
made by a. 5. WOrthingtOn of this city
and Waldemar Van Colt of Salt Lake
CITY 1t is expected that former Sec
rotary of the Treasury John g. Car
Isle viii close for the protestants
Judge Tayler reminded the commit
tee that il 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 a
senator who was not respectOr of
the law he was charged 10 make could
not be fitted to serve in the highest
legislative branch OF the government.
Question of Morality.
IF I thought the facts and history
justified it, / would not say d word
against the characters of the mem
bers Of the Mormon hierarchy, or Sen
atOr SmOot, or any of his associates -
said Judge TayleT. Il do not speak
of these because they are lawless, but
because they are not lawleSs. If it
were a mere question Of law brea king
this case would not cause a ripple
The country is filled with law break
erS; the jails are filed with them. It
u because the law they obey IS higher
than the law of the land. When man.
made law comes into conflict with
higher law, Senator Smoot says he
would go to another country where the
laws of God and men would not con-
fict. ! am ready 10 admit the Nor
mons are not brea king the laws from
a spirit OF lawlesssness. If they We're,
the question would be easy to deal
with
Powers of the Senate.
Judge Tayler then took the question
Of the powers of the senate to exclude
members elected to that body, and adj
Vanced the argument that if a sena-
tor was ineligible to hold Office he
might be excluded by a majority vote
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 expulsion is something ante
dating his election. and not discovered
until the senator takes his seat then
the two-thiTds rule for expulsion does
not apply Judge Tayler declared that
the two-thirds rule covers instances
Where expulsion is desired because of
some act committed by a senator while
serving IN the senate.
Senator'S 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.
Why Smoot Should Be Unseated
That the church, the hierarchy. and
Cts 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 Televations, and the
church being in immediate contact with
God. the church was placed above the
law OF the land In closing Judge Tay-
Ter said:
A grave question is yours to an
swer. Reed SmoOt himself is but a
trivial incident in the mighty problem.
j is the problem Of government: the
institutional question whether law or
caprice shall govern people who know
no ruler but the law, and no safe rule
by respect for law.
Country Comes First.
a senator from the state of Utah
IS a senator of the United States He
legislates for eighty million people who
hold as their most cherished possession
such a respect for law, because il is
law. as Reed Smoot, unhappily for hi-l1.
has never felt or understood from the
moment of his first conscious thought
down 10 the present hour