The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-11
TWO REPORTS MADE.
Majority of Committee Decides
He Ought to Go.
The Minority Can Find Nothing
to Warrant Expulsion.

Washington, June 1.-THE majority
and minority reports of the committee
on privileges and elections in the case
of Senator Reed Smoot of Utah, were
today presented in the senate, the for
mer by Senator Burrows, declaring that
Mr.. Smoot is not entitled to his seat,
and the latter by Senator Foraker.
taking the opposite view. At the same
time Senator Bailey, who is a member
of the committee, stated that while he
concurred in the views of the majority
that Mr.. Smoot is not entitled to his
seat, he was of the opinion that Mr..
Smoot could not be deprived of his seat
under the constitution, except by a
resolution of expulsion"
In accordance with Senator Burrows
request an extra number of copies of
the reports and of the hearings in the
case was ordered printed. Mr.. Burrows
also gave notice that he would call up
the case at ''the earliest possible mo-
ment. consistent with public business"
and Senator Foraker expressed his ap-
proval of this announcement.
Senator Smoot was present in the
senate chamber when the reports were
presented. He smiled broadly when
Senator Bailey made his statement. In
der the plan suggested by the Texas
necessary to vacate the seat of the
Utah senator.
Majority Report.
The reasons for the action of the
senate committee on privileges and
elections in declaring, by a majority
vote, that Reed Smoot is not entitled
to a seat in the senate as senator from
Utah are stated in a report submitted
to the senate today by Chairman Bur
rows and signed by Senators Burrows,
Do1liver. Dubois, Pettus, Bailey, Over
man and Frazier, to be as follows:
THAT Mr.. SmoOt is one of a self
perpetuating body of men, known as
the first presidency and twelve apostles
of the Church of Jesus Christ of Latter
Day Saints, commonly known as the
Mormon church; that these men claim
divine authority 10 control the paen-
bers of said church in all things, tenn
poral as we'll as spiritual; that this au-
thorfty is and has been for several
years past so exercised by the said
first presidency and u apostles as to
encourage the practice of pOlygamy
and polygamouS cOhabitation in the
state of Utah and elsewhere contrary
to the constitution and laws of the
state of Utah and the law of the lands
that the said first presidency and IL
apostles do now control and for long
time past controlled the political af-
fairs of the state OF Utah, and have
thus brought about in said state a
union Of church and state contrary to
the constitution of said state OF Utah
and contrary to the constitution of the
United States and the said Reed Smoot
comes here not as the accredited rep
resentative of the state of Utah in the
senate of the United States, but as the
chief hierarchy which controls the
church and has usurped the functions
of the state in said state of Utah
The report names a dozen apostles,
former apostles and other prominent
Mormans who according to testimony
have taken plural wives since the
manifesto of 1890, an act impossible
except by consent of the president
OF the church." says incontrovertfble
testimony showing that a majority of
those who gave the law to the Nor
mon church ARE now and have been
for years living in open, notorious
and shameless coha bitation, the list
being headed by President Smith
The report continues 1.-The facts
abundantly justify the assertion made
in the protest that the supreme au-
thority in the church, of whom Sen
ator-elect Reed Smoot is one, to Wit,
the first presidency of the twelve
apostles, not only connive at violation
OF but protect and honor the vio-
Iators Of the laws against polygamy
and polygamous cohabitation'.
The majority characterizes as
wholly untenable" the position that
because Smoot himself does not prac-
tice polygamy and there is no evidence
to show that he has personally and
individually encouraged the practice
in others he ought not to be con-
demned because of the acts of his as
sociates. It is charged that Smoot is
an inseparable part of the governing
body of the Mormon church"
In the Judgment of the committee,
Mr. Smoot is no more entitled to a seat
in the senate than he would be if he
were associatlug in polygamous CO.
habitation with a plurality of wives.
The final chapter of the report is de-
voted to the oath of vengeance. The
report says there can be no question
in regard TO the taking of the oath of
vengeance by Mr.. Smoot and continues:
1T is difficult to conceive how one
could discharge the obligation which
rests upon every senator to so perform
his official duties as to promote the
welfare of the people of the United
States and at the same time be calling
down the vengeance of heaven on this
nation because of the killing of the
founders of the Mormon church sixty
years ago
Minority Report
That Reed Smoot possesses all the
qualifications prescribed by the consti-
tuition to make him eligible to a seat
in the senate and that the regularity
of his election by the legislature of the
state OF Utah is not questioned in any
manner. is the conclusion reached by
the minority of the senate committee
on privileges and eleclOns Which sub
mitted its views today
This report is signed by Senators
Foraker, Beveride, Dillingham;, Hop
kins and Knox. The minority says that
Senator Shoots personal character is
rreproachable.
so far as mere belief and member
ship in the Mormon church are con-
cerned, says the minority. Reed Smoot
is within his rights and privileges under
the guaranty of religious freedom given
by the constitution of the United
States