Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-04-12
10 PAcEs-LAsT EDITION.

conflict with the law and because of
Mr., Shoots knowledge that revelation
on spiritual and religious affairs could
not possibly conflict with the laws of
the United States, II follows that he
holds his Church IN higher authority
than the government OF the United
States and viii obey its laws.
RIGHT OF CHURCH AUTHORITIES.
while desiring to be as fair as pos
slble, Mr.. Carlisle admitted the right
of Church authorities to insist that its
officers refrain from seeking political
offices, IL their duties OF such offices In
terfere with their Church duties. While
the Church might not be able to say
who should hold Office II certainly can
say who shall not, and he who dis
obeys the mandate is In danger OF en-
communication, which is terrible
punishment for one who sincerely be-
lives IN the doctrine of "Mormonsm. :"
with such weapon, the Church can
dominate the political situation in Utah,
| IiitiNNIl IN / Sitf u II FNtf.
He criticized several alleged inter-
ferences of the Church In district
courts and In reply to Mr.. Foraker,
said that he believed other churches
have ecclesiastical courts for the amic-
able settlement Of controversies be-
tween members, but these churches do
| nor mptp ont sIit,, p,arv nm, ioi,,oo,,t 20
| those who decline to abide by their man
| dates as he said has been shown by
| case in the Mormon Church. and he
| contended that the laws Of the Church
require members to submit to Church
courts even I'm matters where state and
federal courts have jurisdiction.
ENDOWMENT HOUSE OATH
As to the character of the Endow-
ment oath he said that il is not strange
that the exact verbiage has been diff
cult to discover, but he was willing to
eoncede that Prof VOLTS remem-
brance probably was correct when he
testified that it requires those passing
through the Endowment House to
pledge themselves to pray for VEN
geance for the blood of the prophets.
SO far as he was personally concerned
he was not afraid that the Mormon"
people VIII ever try to overthrow this
government
CONSTITUTIONAL RIGHTS.
The remainder OF Mr.. Carlisles ar
gument was devoted to the constitution
al right of the senate to declare the
seat vacant by majority vote. In
this his argument was rather ingenious.
but it was by no means convincing. lie
cited constitutional provisions as 10
what constituted two legislative bodies
and the rights of each house to make
regulations for the government OF its
proceedings
Although the Constitution cites GER
tain requirements for members Of me
senate---that he must be 30 years Of
age, citizen for nine years, and resi-
dent of the state which he is to repre-
sent--it certainly does not limit the
senate to excluding only such persons
as come within those inhibited classes.
Immigrant laws exclude certain |
aliens from admission to our shores, |
polygamiste and anarchists, among 9TH
ers, II one of these should get in and |
subsequently become naturalized and |
later elected to the senate that body |
would have a clear right to exclude |
him. He held expulsion Is a punish
ment for some offenses against the law
Of the country and against the dignity |
Of the senate, but exclusion Is no pun
ishment
IL the contentious of Senator Smoot's |
adherents are sound President Smith |
might be elected to the senate in spite
of his admission Of polygamy and after
the clerk had administered the oath he
could not be excluded except by two
thirds vote.
BAILEY ASKS A QUESTION.
Senator Bailey propounded ques-
ton, designed TO discover whether Mr..
Carlisle holds that Senator Smoot has
gained anything by serving as sena-
tor for several years He argued that
he has gained nothing, and that he is
simply de facto senator whose seat
can be declared vacant by majority
vote of the senate.
REAL CHARGE AGAINST SENATOR
Questions of similar import were pro.
pounded by Messrs. Knox. Dolliyer and
Foraker. which led Mr.. Carlisle to re-
ply that while Senator Smoot can he
deprived OF his seat BY
a majority vote, he can be expelled only
as a punishment for something he has
done since he became a member of the
senate
II disqualified at all il must not be
on account of any spiritual act, but be-
cause Of his status, condition and con-
nection with the Mormon" Church and
OF its practises. He
cited az authority the fact that mem
)ers OF the house have been unseated on
last days OF session, after serving
wo full years. But was that not be- {
'ause the house held they had never !
been duly elected" inquired Mr..
Yes" replied Mr. Car /
isle {
(By Associated Press) I
Washington, April l2--Arguments in
he case Of Senator Smoot were begun :
oday before the senate committee on ,
privileges and elections, after an in ,
Iuiry extending over three years into /,
ia RIGHT IN retain his scat Eorp,ar