The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-01-27
SHOOTS DEFENSE.
Argument Is Begun by His Attorney
Alr. VancOtt.

Washington, Jan. 27.-Arguments
for the defense were made today in
the Smoot investigation before the
senate committee on privileges and
elections. Waldemar Vancott, of Salt
Lake City, opened with a discussion of
the charge of Interference by the
Mormon church in political affairs of
Utah.
Before Mr.. vancott began to speak
Senator Knox said he believed that
the arguments of Judge r. W. Tayler,
counsel for the prosestants, would be
clarified if he would answer three
questions, as follows:
do you concede that your argu-
ment intended to establish Senator
Shoots disqualification, applies with
equal force to all members of the
Mormon church who entertain the be-
liefs Senator Smoot has confessed?
d you concede that your argu-
ment for disqualification, so far as it
is based upon Senator Shoots belief
in a duty to obey divine revelation,
applies with equal force to all who be-
lieve in the duty to obey the divine
will, however ascerta1ned?
Would Senator Smoot be d%isquali-
fed, in your opinion, by reason of be-
ing a Mormon, if Mormonism had
never been tainted with polygamy? p
In answering the first question
Judge Tayler said the chief charge
against Senator SmOor was that he
was the integral part of the quorum
C1 L = " III ~ 0SOAct VI ~ ~ Cd $1,000
there was to the Mormon church.
The president of the church, said
Judge Tayler, was the creature of the
quorum of apostles ana could be re-
moved by it. The latter part of the
first question and the second question
were answered jointly by Judge Tayler
by giving what he believed to be he
political significance of a belief in
revelations. He quoted from the tes-
timony of senator Smoot and other
witnesses concerning their beliefs in
revelations, and said that all persons
who were committed to such beliefs
were disqualified to sit as senator's.
The third question he answered by
stating that if no attention had been
attracted to the hurch by violations
of the law it was not likely that re-
Hgious belief would have been brought
into the discussion, bu that polygamy
was the result of revelations. This
immediate contact with God, through
personal revelations, he declared to be
sufficient to ~disqualify any person for
the position of senator, no matter
h his creed
Mr., Vancott opened his argument
by declaring the contention of the
prOtestants to be untenable, in that
they admit they could charge Senator
SmoOt with no OffenSe recognizable by
law. and that the only thing brought
against him was that he believed in
revelations. Emphasis was laid by
Mr.. Vancott on the fact that Senator
SmOot had never received a eveI
ton and that there was no Indication
that he EVER would. He declared that
Senator Smoot was beng prosecuted
on the ground that his religion at
some time might cause him to commit
an overt act. He deprecated what he
termed to be an attempt to return to
the dark ages of religious persecu-
tons. Mr.. Vancott then summed up
the testimony of witnesses who were
examined in relation to the politics of
Utah and Idaho, which he declared
failed to show one instance of inter
ference in politics.