Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-06-11
Why THEY WOULD
EXCLUDE SN0O1
Committee OH Elections Tells
Why He Is Not Eligible
to Senatorship
CONTRARY TO CONSTITUTION
Evidence Shows He Is Member Of Heir
archy Which Exercises Control Over
Not Only Religious But Civil Affairs
of Its MISUNDERSTANDING Con-
trary to the Law of the Land.

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. Bailey
leader of the committee, stated that
while he concurred in the view of the
majority, that Smoot is not entitled
to his seat, he was of the opinion
that "Smoot could not be deprived of
his seat under the constitution, except
was present in the chamber when the
reports were presented. He smiled
broadly when Bailey made his state
ment. Under the plan suggested by the
Texas senator, vote of two-thifds
would be necessary to vacate the seat
Of the senator Chairman Burrows
gave notice that he will call up the
case at the earliest possible moment.
Washington, June 1.-THE reasons
for the action Of the senate committee
on privileges and elections in declaring
by majority vote, that Reed Smoot
is not entitled to seat In the senate,
as the senator from Utah, are stated in
report submitted to the senate today
by Chairman Burrows and signed by
Senators Burrows, Dolliver, Dubois,
Pettus, Bailey. Overman, and Frazier,
to be as follows:
THAT Smoot is one of self-perpet-
uating body of men, known as the first
presidency, and twelve apostles Of the
church of Jesus Christ of the Latter
Day Saints. commonly known as the
Mormon church; that these men claim
divine authority to control the mem
bers of said church in all things, tenn
poral as we'll as spiritual that this
authority is, and has been, for several!
years past, SO exercised by the said
first presidency and twelve 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 land;
that said first presidency do now con-
troll, and for a long time past have
controlled, the political affairs of the
state of Utah, have thus brought about
in said state, union of church and
state, contrary to the constitution Of
Utah and the United States, and said
Smoot comes here not as an accredited
representative of the state Of Utah in
the senate of the United States, but
as the chief of an hierarchy which
controls the church and usurped the
functions Of the state in said state Of
Utah."
After reviewing the testimony taken
at the hearings the report characterizes
as wholly untenableTthe position that
because S1noot himself does not prac-
tice polygamy, and there is no evidence
to show he has personally and indi-
vidually encouraged the practice in
others, he ought not to be condemned
because of the acts Of his associates.
1t is charged "Smoot is an inseparable
part of the governing body of the Nor
mon church" In the judgment Of the
committee, Smoot is no more entitled
to a seat in the senate than he would
be if he were associating in polygam-
Gus cohabitation with plurality wives.
The minority report, Signed by For
a,ker, Beveridge, Billingham, Hopkins
and Knox, says Smoot possesses all the
qualifications described by the consti-
tuition to make him eligible to seat in
the senate; that the regularity of his
election by the legislature of Utah is
not questioned in any manner; that
Smoot's private character is ire
proachable. $50 far as mere belief and
membership In the Mormon church are
concerned" says the minority "Smoot
is within his rights and privileges un-
der the guaranty OF religious freedom
given by the constitution of the Unit
ed States, for there is no statutory pro-
vision, and could not be, prohibiting
either such a belief or such men,
bership."
According to the report there Is no
trustworthy proof that ESnpoot ever
took the endowment oath or that ne is
responsible for polygamous cohabita-
tion existing among Mormons.