Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-26
THE SENATE AS A COURT,


rIous weekly magazine published m
Kew York city. II bss a wide circuIa'
Ion and great influence among think
ng people The position 70 takes ON tho
rihi,ct indicated 600 the heading 20 the
article. IL unassallable from a rational
,r = political standpoint lie argu-
nents meet the bubbles - me apoi)-
Eists Tor Tho petitioners. who have ot-
tempted 70 sway the senate and nia'
ne committee in tho Investigation Of
he case against Senator Reed smoot
y answers all their pretended reasons
ing an the sacred right Of petition.
40 onc has coutcnded against tho
light as 10 measures Of public Interest
" legislative character, but only az
an Interference Eith judicial functions.
IL has not been asserted that either
me committee on privileges and riec-
lions or the Senate ~ the United
States I'm full session Is a court M the
sams sense AZ that Of a judicial body
IKE The supreme court Of the United
states or other courts OF the land. But
n must be admitted that the Senate
exercises judicial functions IN It's pro-
eeedilgs on a case like that under con.
tdcr1tlon. and that such functions are
held by committee appointed by the
Senate 10 inquire into tho elections, re-
turns and qualifications Of members
slect. or in relation 20 disorderly be-
hayior on the part Of a member and
The question as 10 the rightfulness u
his expulsion When acting In this
judicial capacity, Il Is Just as improper
for people not connected with that boly
to endeayor by petition 10 influence IT,
or Any Of its members against the indi-
yldual under investigation, As It would
b. 10 attempt TO influence Judge or
fury IN a court. whether state or ma
tional. IN its decision on civil or a
criminal case.
The course that has been pursued
by number Of religious ministers OF
different denominations in this matter
has been In the highest degree repre-
hensible This has been pointed out
repeatedly. but anti-"Mormon' news
papers have taken mp the cudges in
their defense. and I'm doing 50 have
avoided tho gist Of the question, com
founding the right ~ petition on proper
subjects with the highly improper at
tempts 10 sway the Senate Of the
United states when exercising judicial
functions The hosts Of women who
signed the petition prepared for them
by their unNise pastors and preachers
are not 80 much to blame, because
they were. with but very few excep-
tons, entirely ignorant Of what they
were doing.
Most ~ them believed that Senator
Reed Smoot was the proud possessor
~ numerous wives. that he was elect
81 &" The Senate by the Mormon
Church. that he was sent there 70
represent "a religion which they had,
Ike the New York Independent, been
lei to "detest.' that ne was "men-
ace 20 the American home" that by
his expulsion OF exclusion Mormon
ISM" the principles ~ which they
knew nothing about. would receive a
deadly blow" and that M their on
deayors TO influence the Senate OF the
United States they were doing God
service All these false notions we're
instiiled into their minds by professed
ministers Of the Gospel But quite a
number signed the petition Ike other
people 90. through persuasion and
imitation without knowing or caring
what they were supporting by ap-
pending their names.
Tho New York Independent has
taken logical. legal and rational
sand on this matter from the begin
ming and in doing so has viudicated
its right 10 the title which q bears
At the same time Il has fallen into
the apologize nut On which most OF
the defenders Of right and truth pur-
sue, when they champion a cause
which might possibly be construed ss
leaning toward The Mormon"
Church They usually have to say
something 10 guard against this Inn
putation and express their dcsplslng
Of a Church the real tcncts Of which
they had not taken the pains to IN.
vestieate, except from the reports o.
is enemies. and they thus display a
weakness that is pi,lable
IN this instance there was no need
FOR the Independent to make any spol-
oey. The Mormon" Church had aoth.
ing Ca DO with the election Of Reed
smoot 10 the Senate Of the United
States That Church does not elect any
individual TO ON once in the civil goy.
eminent, whether 81 the state or OF the
Nation. While b, Is true. a. that papcr
has clearly shown. that there Is moth.
ing in the Constitution ~ tho United
States 20 prevent n union of church
and state in any state of the Union
and that tho provision ln the Coustlu.
ton On regard 10 making laws respect.
Ing an establishment % religion. refers
entirely and only 10 the Congress of,
the United States and not % the leeIs.
laturc 81 any State. yet 90 me same
time the Constitution Of the State OF
Utah forbids any such union. and a. A
matter Of fact % does not exist m
this slate Therefore the remarks OF
the Independent about Il rs having no
liking Tor "Mormon.sm." or thu Nor.
mon Church. are irrelevant 20 OH.
subject on which q has 30 clearly *.
pressed ~ views and sst forth the -ish,
and The truth 81 the matter.
As we have repeatedly explained the
Mormon" Church Is composed ~ pso.
pie % differing political opinions and
parties. No matter what may be AZ.
- A.