The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12
SMOOT CASE NEARS END,
REPORTS REACH SENATE
CONTINUED ion paqe I

Continued from page I.
was then stated without question on the
part Of any member of the senate, that
IN cases where the credentials of a sen
atOr consist of "a certificate of his due
election from the executive Of his state
ne is entitled to be sworn in, and that all
questions relating to his qualifications
should be postponed and acted upon by
the senate afterwards: Under this rule
the credentials of Mr. SmOOt, with the
protest against his right to a seat in the
senate, were referred to the committee
on privileges and elections under a resO-
luton adopted by the senate Jan 2, 1904,
directing the committee to investigate the
right and title of Mr.. SmOOt to a seat in
the senate as senator from the state Of
Utah.
The resolution is as follows:
Resolved, That the committee on priv
tlegeS and elections of the senate, or any
sub committee thereof. be authorized and
directed to investigate the right and title
of Reed SmOot to a seat is the senate as
senator from the state of Utah. and said
committee or any subcommittee there
Of is authorized to sit during the sessions
of the senate, to employ a stenOgrapheT,
to send for persons and papers, and to
administer Oaths; and that the expense
OF the inquiry shall be paid from the con-
1ingent fund Of the senate upon vouchers
to be approved by the chairman Of the
committee"
The Protest Against the Seating of
Mr.. soot.
The protest before referred to against
the seating Of Mr.. SmOot as senator
from the state of Utah is stated in such
protest to be upon the ground and for
the reason that he is one of a self-per-
petuating body Of fifteen men, who, con-
stituting the ruling authorities of the
Church of Jesus Christ of Latter-day
Saints. or Mormon church. claim, and
by their followers are accorded the right
10 claim, supreme authority. divinely
sanctioned, to shape the belief and control
the conduct Of those under them in all
matters whatsoever, civil and religious,
temporal and spiritual. and who thus
uniting in themselves authority in church
and state do so exercise the same as to
tnculcate and encourage a belief in pO-
1ygamy and pOlygamOuS combinations
who COUntenanCe and COnniVe at viola
lions Of the state law prohibiting the
same, regardless of pledges made for the
purpose of obtaining statehood, and of
covenants made with the people or the
United States, and who by all the means
in their power protect and honor those
who, with themselves, violate the laws
of the land and are guilty of practices
destructive Of the family and of the
home"
In support of this protest the protest
ants make certain charges and assertions,
the substance OF which is as follows:
l. The Mormon priesthood, according to
the doctrines of that church. Is vested
with supreme authority in all things
spiritual and temporal
2 The first presidency and twelve apOs-
ties fSaiu Reed SmOOt beng one OF said
twelve apOstlesb are supreme in the eXer-
else of the authority of the Mormon
church in all things temporal and spirit
uaI In support of this second PROPOSE
ton instances are given Of the interior
ence of the first presidency and twelve
apostles in the political affairs of the
state of Utah, and quotations at length
are given from the declarations OF OIL
Gals in the Mormon church regarding the
authority of the leaders in said church to
dictate TO the membership thereof con-
Of
bers.
8 and + That the first presidency and
twelve apostles of the Mormon church
have not abandoned the principles and
practices Of political diCtatiOn, neither
have they abandoned their belief in pO-
lygamy and pOlygamOuS COhabitatlOn-
;. That the first presidency and twelve
apostles (Of whom Reed SmOOt IS OneJ
also practice OF COnnive at and encOuT-
age the practice of pOlESdny, and have
without protest OF objection permitted
those who held legislative offices by their
will and consent to attempt to nullify en-
aCtments against polyEamous cohabita-
ton.
Mormon church. namely, the first preSl-
dency and twelve apostles tOf whom Mr..
SmOOt is Onep, not only cOnnive at viola
tons of the law against pOlygamy and
polygamOUs cohabitation. but protect and
honor the violatOrs of such laws.
The protest further asserts that the
leaders of the Mormon church tOt whom
Mr.. SmOOt is One) are SOlemnly banded
together against the people Of the United
States in the endeaVOr of said leaders to
BATTLE the designs and Illustrate the at
temptS Of the government TO eradicate pO-
lygamy and pOlygamOus Capitalization
The protest further charges that the
conduct and practices OF the tlTSt preSI-
Jencv and twelve apostles (Of whom Mr..
SmOOt IS Onc) are well known to be, hrst
contrary to the public sentiment OF the
civilized world: second, contrary to ex-
press pledges which were given by the
leaders of the Mormon church in pTOCuT-
ing amnesty. third. contrary to the eX-
press conditions uDOn which the eSCheated
property of the Mormon church was re-
turned; fourth, contrary TO the pledges
given by the representatives OF that
church i'm their plea for statehood, fifth,
contrary to the pledges required IN the
enabling act and giveTA in the state con-
stitutlOn of Utah sixth. contrary to pro-
vision in the constitution of Utah pTOVid-
ing that there shall be no union Of
church and state. nor shall any church
dominate the state or interfere with its
functions and seventh, contrary TO law
The protest concludes by asking that the
senate make inquiry touching the matters
stated IN said protest.
This protest is followed by certain
charges made by one John L. Leilich I'M
der oath, which are in the main Of the
same tenor and effect as the charges made
in the protest with the additional charge
that Mr. SmOOt IS "A pOlygamiSt, having
legal wife and plural wife, and the fur
Their charge that Mr.. SmOOt has. as an
apostle of the Mormon church. taken an
cath of such a nature and character as
that he Is thereby disqualified from taking
the oath of office required of a United
States senator.
Answer of Ms. Smoot.
To the statement made in the protest
and the charges by Mr. LeiiiCh Mr.. SmOOt
made answer. which answer is in the ma
ture of a demurrer to all the charges con
tanned in the protest and TO the charges
made by Mr.. LeIllCh. except two. namely.
that Mr.. Smoot IS a polygamist and that
he is bound by some oath or obligation
which is Inconsistent with the oath taken
BY him as q senator. Both these charges
ne denies and further denies SDpcif7psI1y