The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-04-13
ARGUMENT ENDS.
Printed Briefs in smOot Case Are Yet
TO Be Submitted.

Washington, April 13-The final argu-
Hnent in the investigation of protests
against Senator Reed Smoot being per-
mitted to retain his seat was begun to-
day before the committee on privileges
and elections by A S. Worthington,
counsel for the Utah senator. For the
first time since the proceedings were
begun three years ago. Mrs. Smoot at
tended. the session ofthe committee The
number of spectators was much less
than during the Utah senator's arraig n-
ment. In opening Mr. WorthingJon
took up the subject of Mr.. Shoots
qualifications to serve as a senator and
followed this by citing authorities in
support of his contention that it re-
Quires a twO-thirds vote of the senate to
Gust Mr. Smoot. Answering Mr.. Car
isles argument that Utah might go so
far as to send President Joseph F.
Smith to the senate, Mr.. Worthington
said that If such should be the case he
should be permitted to serve If he gave
up his plural wife and lived only with
his legal wife In the event that Smith
should fail to live in obedience to the
laws. said Mr. Warrington then he
should be- expelled Mr. Worthington
pointed out that Mr. Shoots life had
been blameless and that he is law abid-
Ing in every sense of the word 1t was
contended by Mr.. Worthington that
ed with the sanction Of the Mormon
church He said that Utah had been
fraked and scraped" and the plural
marriages brought to light since the
manifesto would not amount to one a
year and that these Offenders are now
virtually fugitves from justice.
Taking up Mr. Shoots confession
that he believed in divine revelations
Mr. Worthington compared this belief
with services in other churches where
divine guidance is sought and argued
that Mr. Shoots belief is the same as
ator Knox and some other members Of
the committee iuterrOgated Mr..
Worthington concerning the alleged
necessity of members of the Mormon
church obtaining church consent to be-
come candidates for public office. Mr..
Worthington read from the church rule
as laid down in the Moses Thatcher
case and construed this to mean that
If a high church official desires to be-
come a candidate for public office it is
necessary for him to resign his church
office or be excused from duties in con-
nection with the church position if it
conflicts with duties to the public
Tt was argued by Mr.. Worthin6 ton
that everything that has been charged
against the Mormon church in the way
Of activity in politics and business was
known when Utah was admitted as a
state and that one Of the first senators
from Utah was Frank J. Cannon who
was Mormon and more subject to
criticism than Mr.. Smoot can be and
yet no protest was made against him
Witnesses who attempted to testify
concerning the endowment house cere-
monies were characterized by Mr..
Worthington as disreputable. He closed
at 1906 o'clock Chairman Burrows in
uuiEed when counsel would be ready
with printed arguments. 1t was dis
closed that both Messrs. Worthington
and Carlisle were going out of the city
and that the printed arguments could
not be furnished before the middle of
next week. 1t is expected q date for a
vote on the case viii be fixed by the
committee soon afterward.