The Birmingham age-herald., 1905-01-28
DEFENSE CONTINUES
 FUR SENATOR SHOOT
Vancott Cites Inconsistencies of
 the Prosecution
REVIEWS SHOOTS RECORD
Was Elected By Aid of Gentle Voters, Had Done Much to Keep Religion Out of Schools. and Is Not
 ?olyeamist.

Washington, January 27.-Arguments for the defense were made today in the Shoot investigation before the Senate committee on privileges and elections. Alderman Vancott of Salt Lake opened with discussion of the charges of in- terference by the Mormon church in the political affairs of Utah. Before MT. Van colt began to speak Senator Knox said he believed the arguments of Judge k. w. Tayler, counsel for the Protestants, would be clarified if he would answer three questions, as follows;
 Do you concede that your argument int ended to establish Senator Shoots dis qualification applies with equal force to all members of the Mormon church who entertain the beliefs Senator Smool coH- fessed?
 DO you concede that your argument for disqualification, so far as it is based upon Senator Shoots belief in duty to obey divine revelations, applies with equal force to all who believe in the | duty to obey the divine will, however as- | certained?
 Would Senator Shoot be disqualified, in your opinion. by reason of being  tained with polygamy?
 Answers the Questions.
 In answering the first question, Judge | Tayler said the chief charge against Sen | ator Shoot was that he was the integrlal | part of the quorum of twelve, which he | declared to be all there was to the Nor mon church. The president of the church. said Judge Tayler, was the creature or 1 tte quorum of apostles and could be re- l moved by 1t.
 The latter part of the first question and | the second question were answered joint | ly by Judge Tayler by giving what he be- | lieved to be the political significance or a | belief in revelations. He quoted from the l testimony of Senator Shoot and other witnesses concerning their belief in reve- | lations, and said that all persons who were committed to such beliefs were dis qualified to sit as senators. The third | question he answered by stating that | if no attention had been attracted to the l church by vioators of law it was not | likely that the religious belief would have | been brought into discussion, but that I polygamy was the result of revelations. | This immediate contact with God through l personal revelations, he declared, to be sufficient to disqualify any person for the position of senatorship, no matter i what his creed.
 Mir Vancott opened his argument by declaring the contention of the Protes- ] tants to be untenable in that they admit | that they could charge Senator Smoot 1 with no offense cognizable by law and that the only thing brought against him was that he believed in revelations. Elm phasis was laid by MT. Vancott on the fact that Senator Shoot had never re- ceived a revelation and that there was 4l..& l..
 Attitude Is Inconsistent.
 At the afternoon session MT. Vancott dis cussed the inconsistency of the men who prepared the protest against Senator Shoot He said that D. B. Critchlow was in the convention that nominated the candidates for the legislature which elect ed Shoot and that Critchlow opposed Smoot at that time but afterward took the stump in behalf of the candidates he had opopsed in the convention. Later | said MT. Vancott, MT. Critchlow drew the protest against Shoot and has fought him since.
 Justification for the Mormon church engaging in business was offered by MT Vancott by citation of the case of Trim ity church in New York as one that owns a vast amount of property.
 As reasons why Mir Shoot should re- tain his seat, MT. Vancott gave the following:
 That Shoot 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 thes state superintendent ir driving religious classes out of the public school and that he was not a polygamist
 He then made the declaration that If Mir Smoot should be unseated, it would
 Warrington for Defense.
 MT. Worthington followed for Senator | Shoot, discussing particularly the ques- tion of the endowment ceremonies, and the oaths taken. He combatted the charge that there was an oath taken evidencing .disloyalty to the government. On the Subject of polygamy. MT. prohibited only new plural marriages, It. Two years later President Woodruff interpreted the manifesto as applying to polygamous cohabitation, said MT. Worthington. all persons in Utah were ot the sentiment that there should be no prosecutions.
 Mir. Worthington consluded for the day with the statement that the Mormon church had received but one revelation in twenty-thres years. and that was the one to stop poygamy. The closing arguments for the protestants will be made by Judge Tayler instead of j. G. Carlisle, former Secretary of the Treas ury.