The gold leaf. [volume] (Henderson, N.C.) 1881-1911, 1905-02-02
ARGUMENT IN
SMOOT CASE
Judge Tayler Gives Reason Why Sen.
at0r Should be Unseated.
WILL BE FOUGHT ON FLOOR

Washington, Jan. 30.-The investi-
CATION of protests against Senator
Smoot, Of Utah. retaining his seat in
the United States senate was con.
cluded by the committee on privileges
and elections, and when a report is
drafted by the committee the investi.
cation will pass to the whole senate.
One question Of great moment,
which will be fought over on the floor
of the senate. is whether a two-thirds
vote or a majority Of the senate is re-
Quired to expel a member. Mr.. Tayler,
counsel for the protestants, holds that
q majority vote will suffice in the same
manner that a majority vote will pre-
vent a senator from first taking his
seat,
1t will be several weeks before the
committee will be able to report. The
committee allowed counsel until Feb
ruary to revise their arguments and
6le written briefs.
The principal argument for the con-
testants was made by Judge r. w.
Tayler, who took up the question
of the powers of the senate to exclude
members elected to that body, and ad-
vanced the argument that il senator
was ineligible to hold Office he might
be excluded by 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.
Senators Bailey, Beveridge, Foraker,
Knox and Chairman Burrows partici-
pated in discussion which was Cd ,sed
by the last statement, the first two
taking issue with Judge Tayler.
The church, the hierarchy and its
members were placed higher than the
law, was Judge Tayler's chief eonten-
ton why Senator Smoot should be un-
seated. He said that because the church
received revelations, the hierarchy be-
ing in immediate contact with God.
the church was placed above the law of
the land.
Waldemar Van Cott, of Salt Lake
City, opened for the defense, with
a discussion of the charge OF
interference by the Mormon church
in the political affairs of Utah. Just-
| fication for the Mormon church en-
gaging in business was offered by Mr..
Van Cott by a citation of the case of
Trinity Church in New York as one
that owns a vast amount of property.
AS reasons why Mr.. Smoot should
retain his seat Mr.. Van Cott gad3 the
following:
That Smoot could not have secured
| the legislature without the aid of the
| Gentle voters; that he opposed the
Evans bill, which was vetoed by the
governor: that he encouraged the state
superintendent in driving religion
classes out of the public schools. and
that he was not polygamfst. He then
made the declaration that If Mr.. Smoot
should be unseated it would solidify
the Mormons more than ever.
ROOSEVELT FAvoRs FAIR UNIONS
Tells Father curran and Mine Work.
ers Mitchell Is Right.
Wilkesbarre, Pa, Jan. 30.-Rev. ].
Curran. of this city, and the United
Mine Workers delegates, who called
on President Roosevelt last week, re-
turned to their homes.
Father Curran, who was spokesman
of the party, says the president &C
corded them a cordial reception, and in
the course of their talk Roosevelt re-
called the great strike In the anthra.
cite region two years ago.
The president said he was in favor
of fair, conservative unions; that John
Mitchell was the authentic spokesman
for organized labor, and that he hoped
the unions would profit by past ex
perience and be true to themselves
their families and their country.
LIVE STOCK FROZEN IN TRAINS