The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-06-19
Reed Smoot S Case

Seattle Intellligencer.
BY a majority of one, the Senate
Committee on Privileges and Elections
has decided that Reed Smoot, of Utah,
is not entitled to a seat United
States Senator The majority report
is signed by Senators Burrows. Dol
liver. Dubois, Pettus, Bailey. Overman
and Frazier. The reasons given by the
majority for its holdings. are, in brief.
that Snloot is member or self-per-
petuating body of men, who claim d.
vine right to control the members OF
the Mormon church In all things, tenn
porai as we'll as spiritual. That this
body of men control the political af-
fairs OF the State of Utah. through
union of church and State, in a man
ner contrary TO the Constitution OF the
State Itself and contrary TO the Con-
sttution of the United States, and that
Reed SmOot, therefore. comes TO Wash
lngton, not as the accredited repre-
sentative Of the State OF Utah In the
Senate of tho United States, but as the
choice OF the hierarchy which controls
the church and has usurped the func-
tions OF the State In Utah.
Further grounds given are tho prac-
tice OF polygamy, with the connivancc
and consent of the hierarchy of which
Smoot is one. although it clearly ap
pears that the hierarchy could. at any
time, stop this practice. This, in the
judgment OF the majority, places
Smoot In the same category as though
he himself had In his own person COM
mitted polygamy, instead OF merely
advising and encouraging the practice
by others.
A third ground given is that after
taking the oath OF vengeance against
the United States, required in the COW
enant house, he cannot perform his
official duties as United States Senator
to promote the welfare OF the people
OF the United States. against whom he
Is oath-bound TO call down the ven
geance Of heaven for the killing Of the
founders of the Mormon church sixty
years ago.
The minority report is signed by
| Senators Foraker, Beveridge. DillinG-
ham, Hopkins and Knox, That report
holds that Smoot's religious faith can
not be held to disqualify him for Of
| Ace; that he Is a man of personally
| irreproachable character; and that he
| is not polygamist and therefore not
| disqualified from holding his seat. Fur
ther. the minority holds that the proof
that he actually took the oath OF ven
| geance or that any such oath was in
! fact administered In the Mormon
| church, rests on testimony which Is
| not worthy of credence.
1t VIII be observed, by a reading of
| the two reports, that the minority lg-
nores the first ground OF objection to
| the right of Smoot TO hold his seat,
yet this is the most important ground
| and furnishes full reason why he is
| disqualified to sit as a United States
| Senator.
Smoot holds his allegiance to the
| United States subordinate to his al
| legioncc to the Mormon church. body
which has set up and which main
| tains a secular government In the State
OF Utah in opposition to the govern
! ment under the Constitution Of that
State and I'm opposition to the Govern
| ment of the United States. He was
| chosen as United States Senator by
the hierarchy of the Mormon church.
| The subsequent election by the Legls
| lature, in accordance with the decree
Of the church, which the Mormon
members of the Legislature were In
| duty bound to obey even to a viola =
| ton Of their oaths as legislators. II
need be. was simply to give the neces-
sary appearance of legality to an cleo
| ton which was In fact made else
| where, in violation of the Constitu-
tion. Smoot sits in the Senate as a
representative Of the Mormon church
not of the State of Utah. He is re-
| sponsible for his actions therein TO the
! Mormon hierarchy. not to the people
nor to the Legislature of Utah. II
the hierarchy should demand that he
vacate his seat, his oaths and his pri-
mary allegiance to the church require
him 10 obey that command. His vote
on all subjects In the Senate OF the
United States is subject to the dicta-
| tlon Of the Mormon hierarchy
| Although the constitutional forms
we're observed In the election of Smoot,
I'm fact he was chosen In defiance of the
| Constitution and as representative OF
an oligarchy. not of a constitutionally
| organized State. The decision of the
majority OF the Senate committee is
! sound and based upon a broad and
| enlightened construction of the letter
and the spirit OF the Constitution OF the
| United States.