The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-06-13

ihs ~ SeHhtoIs but ne ana MS 1rlendS
think that two-thirds OF the Senate
cannot be mustered to expel him, there
fore he and his supporters are strenu-
Gus on the point OF bringing the case to
issue In the form OF a resolution to ex-
pei. He hopes that If the action comes
in that form. the constitutional two
thirds that arc required In favor OF
such action could not be obtained in
the Senate, And yet it is very likely
that Senator Burrows and the commit
tee VIII be able to carry n sufficient
number of the Senators with them to
meet even that requirement. The whole
matter VIII rest with the majority OF
the Senate IL the ultimate decision
comes In the form in which the mat
ter is now before the Senate. The Sen
ate Itself Will have to determine wheth-
er 1t will put the matter to test In the
form of expulsion or OF exclusion. The
majoriy of the Senate can determine II
exclusion Is the form OF procedure that
1t VIII adopt, and IL the majority Of the
Senate so determine, and vote to ex-
clude, Mr.. Smoot viii be out Just as
thoroughly as he could possibly be IL
he We're expelled
This seems to have been the view of
Senator Hoar, at the time that he
made his initial statement as from SEN
ator Burrows In this case. Mr.. Smoot
presented himself on March g. 1908. to
be sworn In as n Senator. There were
rumors that objections would be made
a ha ,iol IT.
off such objections, Senator Hoar made
the following statement;
MR. HOAR-The chairman of tho Com
mittee on Privileges and Elections. the
senator from Michigan Cdr Burrows), is
obliged to be absent He desired me TO
state in his behalf that he Understands
the orderly and constitutional method OF
procedure In regard TO administering the
oath TO newly elected Senators to be that
When any gentleman brings with him or
presents crcdential consisting of the
certificate of his due election from the
Executive of his State he is entitled to be
sworn In, and that tall questions relating
TO his qualification should he postponed
and acted upon by the Senate afterwards.
II there were any other procedure the
result would be that third Of tho Senate
might be kept out OF their seats for an
indefinite time on the presenting Of objec-
tlon without responsibility. and never cs-
tabhshed before the Senate by any Judi
clal inquiry. The result of that might be
that change In the political power of
this Government which the people desired
TO accomplish would bo indefinitely post
poned
/ make this statement at the request
of the Senator from Michigan (Mr. Bur
roWs)
This statement was made, as Mr..
Hoar said. at the request OF Senator
Burrows, who makes the report against
Smoot evidently understanding that he
takes the case just as 1t would have
been had objection against Smoot been
made at the time the Hoar statement
was made. and as though Smoot had
not been sworn in at all. The weighty
reasons actuating the statement are
evident upon the face of 1t. II was
desired to avoid the setting Of prece-
an organization of the SEN
ate Itself at some future time. Accord
ingly. the argument was that Mr.. Smoot
should be sworn In. and that all mat
ters OF objection to his sitting as a
Senator should be considered later. AS
Mr.. Hoar said, "all questions relating
to his qualifications should be post
poned and acted upon by the Senate
afterward." Clearly II was not intended
that Senator Smoot should derive any
OF status from this post
ponement
Without doubt. the Senate Mt that
time. by majority vote. could have kept
Mr.. Smoot out If, then, the waiying of
objections at that time In compliance
with Senator Hoar's opinion, expressed
at the request of Senator Burrows.
merely acted rs a postponement of
of Senator Hoar, 1t could not deprive
the Senate Of the power OF acting upon
1t when 1t came to the consideration
after investigation, on precisely the
same basis as It might have acted up
on It at the time. 1t being no part OF
Senator Hoar's purpose to change the
status of the case OF to deprive the
Senate of the power that It then and
there at that moment possessed. 1t
follows logically that the case is before
the Senate now on precisely the same
basis as 1t would have been IL some
Senator had then objected to Smoot be-
ing sworn In on March 4. 1903. Any
other view would necessarily mean |
that the Senate had been tricked by
the action OF Senator Hoar at the re-
quest of Senator Burrows: a, propos- |
tlon which Is so manifestly out OF all |
reason that it is not for one moment |
to be considered.
H., 49,
ing on the Smoot case. place the whole |
matter In the hands of the majority. |
just as the committee left IT by its |
adoption of the Dubois resolution and |
the report of that resolution to the !
Senate, and as the Senate itself left 1t |
at the time Mr.. Hoar made his state |
ment.
A SHOCKING STATE OF MIND.