Daily Kennebec journal., 1905-01-28
PERSECUTION OF SMOOT.
Counsel Claims It in Argument Before
Senate Committee.

Washington. Jan. 21.-ArgumentS for
tnr defence were made, today, in the
Smoot inveSi ;gation before Senate
committee on privileges and elections.
Waldemar Nanrott Of Sal. Lake open
ed with a discussion Of char GO of inter-
ference by the Mormon church in the
political affairs of t-tan. S. tnator Knox
f"St said that the argument Of Judge
K. W. Taylor. counsel for the protes-
tantS would be clarified if he would
answer three Questions. as follows:
DO you conrede that your argument.
Intended to establish Senator Smoots
disqualification'. applies with equal
force to all members of Mormon
church who entertain beliefs Senator
Smoot has confessed p
DO you conrcde that your argument
for disqualification. so far as it is bas-
cd upon Senator Smoot's belief in q
duty to obey divine revelation, applies
with equal FORE to all who believe in
the duty to obey the divine will, how
ever asccrtanei?"
Would Senator Smoot be disquali-
fed in your opinion by reason Of being
= Mormon if Mormonism had never
been tainted with polysamy?'
In answering the first question.
Judge Tayler saidN the chief charge
against senator Smo0t was that he
was the integral part G; quorum of u
which he declared 70 lie all there was
to the Mormon church. The later part
of the first question and the second
question and the Sc, ond question We're
answered Jointly by Judge Tayler by
giving what he believed to be the pO-
litical significance Of 4 belief in revela-
tionS. All persons VINO were committed
to our beliefs We're disqualified to sit
as senators. The third question. he
answered by stating that polygamy
vas the result Of the revelations. This
immediate contact with God through
personal revelations he declared to be
sufficient to dlsIualify any person for
the position Of a senators hip, no matter
what his creed.
Mr.. NanCott opened by declaring the
contention of the proIcstants to be un-
tcnable in that they admit they could
charge Senator Smoot with no offence
recognized by law, ana that the only
ti?ing brought against him was that he
believed in revelations. Mr.. NanCOtt
declared that Senator Smoot had never
received revelation and there was no
indication that he ever would He de-
clarcd that senator Smoot was being
prosecuted on the ground that his re-
ligion at some time might cause him 70
commit an over tact. He deprecated an
attempt to return to the dark ages of
religious prosecutions.
At the afternoon session Mr.. Van Colt
discussed the question of who prepared
the protest against Senator Smoot. He
said Critchlow WAS in the convention that
nominated candidates for the Legislature
which elected Smooth. that Critchlow op-
posed Smoot at that time but afterward
took the stump in behalf of the candidate.
lie sat in the convention and laicr drew
the protest against Smoot and has fought
him since.
Ills reasons why Smoot should retain
his seat, Mr.. Van Cott sald, that Mr.
Smoot could not have secured the Legisla-
ture without the aid of gentle voters:
that he opposed the Evans hill which was
vetoed by the governor; that he encour-
aged the state superintendent in driving
relSion classes out of the public schools
ana that he was not polyga mist
He then made the declaration that if
MI Smoot should be unseated it would
solidify the Mormons more than ever.
Mr.. Warrington followed for Senator
Smoot. discussing particularly the uucs-
liofl OF tne endowment ceremony ana the
nathS taken. He combaited the charge
mat there was an oath taken evidencing
dlSloyalty to the government. On the
subject of polygamy, Worthngton said
that the manifesto prohibited only plural
marriages and that all lawyers would so
interpret it. He said that when Utah
was admitted to statehood it was agreed
there should he no plural marriages with
out the consent of Congress- but that
congress left the subject of polygamous
cohahlta ton to be regulated by the state,
ana the state said to the polygamists that
theN could continue to live according to
'he custom they had established.
Mt Worthngton concluded with tho