The Washington times., 1905-01-26

Hrninary character. If I felt the facts
of history would Justify me in doing II.
would not say a word against the
personal character Of any member OF
the. Mormon hierarchy or OF Senator
, Sut6ot II they were only bFeakers Of
the law that would be trivial. that
would not cause q ripple on the surface
Of the laws enforcement The world
is full of lawbreakers, the 5ails are full
OF lawbrcakers.
These men are not lawbreakers be-
cause Of living in defiance of all law
and holding contempt for all law.
but because in their heart of hearts and
when occasion demands, they can DO
so with the full approval Of their con-
sciences that they are obeying higher
law. They are Of a kind that knows
| he is less iawless than us because he
does obey the law. And when the man
made law comes into conflict with divine
| law, Senator Smoot says he would re-
move to another country, where the
| Jaw would be il accordance with the
revelation of God.
And when we come to the subject
| of a revelation, that hits the heart of
| the controversy So I am willing TO
admit that these men are not breakers
of the law OF the kind which could
/ be easily reached. but are law observers.
obeying strictly their own interpreta-
ton OF the law.
Now. perhaps I ought to comment
| for a moment on what the law is for
/ the view Of Senators judging the merits
| of the case. l do not need TO say 10
| this committee that the power of the
! Senate in any matter IS exceedingly
: broad There is no limitation upon its
| power except what the Constitution i'm
/ poses. 1t imposes absolutely no quail
| tication on what shall be the quaiif1ca-
! tions of its own members. 1t does limit
F. the power of expulsion in that two
t'-.-cs of It's members shall acQuiesce
} = sch action"
Quoted the Law.
Attorney Tayler then read the law on
the subject of expelling members. He
next commented on Smoot's present
status. and state of mind, and the rela-
tion he must sustain to the law and the
enforcement CT the law which consti-
tuted a part of his constitutional. men
tai makeup" He spoke of contested
elections. based on invalidity or lack of
qualifications, ETC. In the House. But
always, he said, such questions are an
swered by the house TO which the Ques-
ton is put
Counsel then discussed a possible case
as if Senator Smoot were polygamist
and the Senate We're called on To act
He coTtended that the acts which he
thus had committed would nave made
him ineligible as a member Of the Sen
ate. The man who would come to the
par of the Senate TO be sworn in, and
who would afterward be discovered K
have these disQuaiifications. would moi
/ be bettered in his status by the fac
! that ne had taken the oath before the
| charges against him were taken up anC
substantiatod
Mr.. Beveridge asked regarding Mr.
! TayIer's view OF q Senator's status
and whether a majority vote would b.
necessary as on exclusion or a two
thirds vote on expulsion.
Mr. TayIer held that no matter wheth
| er a Senator has been sworn in and is
! full -nedged member OF the Senate, h
| can be unseated by a majority vote
: provided IL is clearly shown that tn,
| disdualifving acts existed before tn
Senator took the oath.
Down te Fundamentals.
Mr.. Bailey queried counsel as to tn
qualifications laid down by the Constf
| tuition. He quoted them in detail ant
; said II was not possible for Congress
to add to or subtract from the qualih
cations of age, residence. and citizen
, shin within the State from which elect
= ed
Mr. TayIer took exception TO the clos
[ rule laid down by Mr. Bailey Mr. BeV
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