The Washington times., 1906-06-11
AS Mormon He Violates
Law of State and
Country.
WILL DEFEND HIMSELF
Senator to Take the Floor If
General Discussion
Follows.

In the judgment Of the co-,r,5++..
! M SIaoot IS no more entitled n \
! seat ID the Senate than he Womb bs
II ne were associating in poIygauous
ol-''olIatlon with plurality Of wives -
| ms statement is made in the course
/ OF the report OF the majority OF -
senate Committee on Privileges ana
| elections. which was presented to me
senate today by Chairman Burrows
aiter an investigation lasting over two
years
chairman Burrows presented the re-
/ port OF the majority, and Senator Far
4Aer mat OF the minority. The chair
1 man OF both minority and majority
served notice that at the earliest con
venient date. they viii call l1p the cas-
Tor final discussion and disposal
Senator Bailey. in this connection
| served notice on the Senate that vzI,fIs
ne concurred with the view OF the min
! or1ty. that Senator Smoot is not entitled
TO his seat, he maintained that he could
De elected only by the process OF e,-pul-
slon' which requires two-thirds vote.
Ihere Is stiu general doubt OF a final
vote on the case this session. II IS 70
generally believed impossible to secure
Jhe necessary two-thirds vote 10 eVne7
| dnd tne discussion of the constitutional
2 fE
pected 70 be long and earnest
Senator Smoot said today that II thera
was general discussion, he Should fst-.s
part and make a speech in his own h.
I half This is the FIRST authfrsrfT-o -
nouncement that he would adopt sI,of a
/ course, and IL IS expected that his s5-
/ dress 70 the Senate viii be one 81 the
sensational features Of the session
The report. which covers thirty nrir-a7
pages sums up the case against Senator
( Reed Smoot as follows:
Protest Is Upheld.
The more deliberately and carefully,
the testimony taken on the investirs-
ton IS considered. the more irresistfblv
i leads 70 the conclusion that the
| facts stated IN the protest are true
| that Mr. SmOOt is one OF a seIf-per-
petuatins body Of men. known as the
first presidency and twelve apostles OF
the Church Of Jesus Christ OF the
Latter Day Saints, commonly known
as the Mormon Church; that these men
claim divine authority to control mem
bers Of said church in all things. tenn
poral as well as spiritual; that this au-
thority IS, and has been for several
years past. so exercised as TO encour-
age the practice OF poly gamy and
polygamous cohabitatfon IN the State
or Utah and elsewhere, cor .rary to The
constitution and laws Of he State Of
Utah and the law OF the land
That the said first presidency and
twelve apostles do now control. and for a
long time past have controlled. the DO
Htcal affairs Of the State Of Utah. and
have thus brought about in said State
a union Of church and state. contrary
70 the constitution OF said State OF
Utah and contrary 10 the Constitution OF
the United States. and that said Reed
SmO0T comes here. not as the accredited
representative Of the State Of Utan in
the Senate Of the United States. but a
the choice OF the Rierardlly which con-
trolls the church and has usurped the
functions OF the State. said State OF
Utah.
Not Entitled TO Seat.
1T follows. as a necessary conclusion
from these facts. that Mr.. Smoot is not
entitled TO seat in the Senate as a
Senator from the State OF Utah"
While the report admits that the ac-
cusation that SmOot has plural wife.
seems to have been made by Mr..
Lelilich unadvisedly. and on his own re-
sponslbility and without any sufficient
evidence in support OF the same" il
charged that Smoot is responsible for
the conduct OF the organization 10 which
he belongs and that he has countenanced
and encouraged polygamy. The posi-
ton that because he IS not himself a
polygamist he ought not 10 be con-
demned for the acts Of his associates.
is declared TO be untenable.
Smoot Held Responsible.
1t is argued that Apostle Smoot is "an
inseparable part Of the governing body
Of the Mormon Church-the first presi-
dency and twelve apostles-and those
who compose that organization form a
unit, and entirety and whatever fsd one
by that organization Is the act OF each
and every member thereof, and what
every policy Is adopted and pursued by
the body which controls the Mormon
Church. SmOOt must be held
TO be responsible for as
member Of that body
Whatever HIS private opinions or con-
duct may be- he stands before the world
as an integral part Of the organization
which encourages. eounsels. and ap-
proves poIygamy. which not only fails
to discipline those who break the laws
OF the country, but, on the contrary.
loads with honors and favors those who
are among the most noted pOlygamists
within the pale Of that church
In support OF this contention. legal de-
cisions are referred to, including that
against the Chicago anarchists who