The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-06-12

6
they can be wisely administered They
have dWarfed their minds to such an eX-
tent that they cannot reason upon the
expansive principle and sentiment and
consideration that ought to guide and
control the largest and wisest statesman
ship.
There is no law which defines any par
ucular class of OffenSeS that shall be SUI
ficient TO expeI a senator from his seat.
The common law does not. There IS no
statute law that does There are no rules
of evidence establishing technical rules
of testimony that are to guide and con-
troll and govern this body in getting its
lights and readings its conclusions when
a senator is thus on trial The general
rule and principle of law and of reason
and common sense is that whatever dis
qualities a member of the senate from
the proper discharge of his duties, what
ever II may be. IS sufficient ana ought
to be held sufficient, for his expulsion.
and whatever evidence statistics the mind
reasonably and according to moral Ger
tainty and truth of the eXiStnce of that
cause is sufficient evidence without re-
sorting to the technical rules of testimony
upon which to convict him. That Is the
law of this country 1t is the law OF
England 1t is the law of parliament.
will read from .StOTy'S Commentaries on
the Constitution section $50, short pa
raSraph:
- In July, 1891, William BlOunt
was expelled from the senate for high
misdemeanOr entirely inconsistent with
his public trust and duty as a senator.
attempt to seduce an American agent
among the Indians from his duty and to
ALLEVIATE the affections and confidence Of
the Indians from the public authorities
OF the United States, and negotiation
for services in behalf of the British gov
eminent among the Indians. 1t was not
a statutaTy Offense; nor was it commit
ted in his official character; now was it
committed during the session of congress,
nor at the seat Of government. Yet, by
an almost unanimous vote (25 yeas to l
nay) he was expelled from that body and
he was afterwards 1mpeached (aS mas al
ready been stated for this, among other
charges. 1t seems, therefore. to be set
tied by the senate. upon full elaboration
that expulsion may be for any mlsde-
meanOr which, though not punished by
any statute, is inconsistent with the trust
and duty of q senator
There is the tOuChStOne. Any conduct
any opinions, any line of action as a SEN
atOr which is inconsistent with the duty
of a senator, is d sufficient cause for his
expulsion and ought to be the rule of
reason and common sense. The
principle dedUced from the authorities IS
this. There is no common law, no Statu-
tory law, there is no parliamentary law
that binds the senate to any particular
definition Of crime or Of1enSe IN acting
in this or any other case Of the kind. On
the contrary, as these authorities eStab-
Iish. il is a matter coming within the dis
erection Of the tribunal trying the senator
(CongreSsion Globe, 2d sess- 34th Cong,
pit. 1, PIP. 454, 43J.)'
/ In the progress Of the debate Mr.. Nc
DOugalI said.
II is no question of law We
have not asked whether the senator from
Indiana is guilty or not guilty We have
TO Judge him in our best judgment, and
By that we try him; and We say yea or
nav. as we think, whether he be a true
Ian or not to sit in the federal councils
to conduct the affairs of the United
States Congressional Globe, I'd SeSS-
S7th Cong, pit. 1, PIP. AZ, AIS, $50, 5S4, 623.
624)''
In the year 1861 Philip F Thomas was
denied a seat in the senate of the United
give aid. COuntCnance and encourage
for the reason that he had resigned his
seat in the cabinet of President Buchanan
on account of his disagreement with the
policy Of the president in endeavOrlng to
relieve the garrison of the forts in
Charleston haTbOT. and also because Mr.
Thomas had just given to his son, who
was about 10 enter the service OF the con-
fedeTate states sum OF money. not 70
assist the son in going to the camp of the
confederate forces. but that in case he
was imprisoned or suffering he might
have a sum of money with him. There
was no well founded claim that Mr.
Thomas had been guilty of any act or
conduct Of which any court would tage
cOgnfzance- the most that was claimed
was that his conduct was such as TO
give aid, COuntenance and encourage
ment to persons engaged in armed hos
tility to the United States Senate cleo
ton cases Sd ed. pp. $3.50
In the British parliament the same prIn-
ciple has been recognized In d number of
cases and is now fully established.
In the year 1872 Benjamin Walsh was eX-
RELIED from the house or commons as 'un-
worthy and unfit to continue a member
Of this house. on account Of said Walsh
having been guilty Of 'grcss fraud and
notorious breach OF trust, although ms
Cffense was one not amounting TO Eel
Ony." 90 Commons Journal, 115-146.D In
that case the chancellor of the eXchequer
said.
He could not thirk tFat because an act
of parliament did not make a moral crime
legal one the house of commons should
be prevented from taking cognizance of it
CHansard's Parliamentary Debates, first
series. vol !, p. 1882
In the year 1914 Sir Thomas COchrane
was expelled from the house Of commons
for being concerned IN a conspiracy TO
spread the false report that the French
army had been defeated Napoleon killed
and that the allied SOVereignS were in Par
is, the object to be attained by such false
report being to occasion d temporary
rise and increase in the prices of the pub
lie government funds, to the injury of
those who should purchase such funds
during such aforementioned temporary
rise and increase in the prices thereof"
go Commons Journal, 427-433)
The Protestants.
The main protest in this case was signed
by eighteen reputable citizens of the state
of Utah. One Of the signeTS, DR.. w. NJ.
Paden, is the pastor of one of the leading
Protestant churches OF Salt Lake city
ard a graduate Of Princeton university;
another, Mr.. P L. Williams, is the general
counsel Of a railroad in Utah and the
western states; another, Mr.. E. w. Will
son. is the cashier of a national bank in
Salt Lake City; another. Mr.. c. c. Good
win. the editor of one of the leading pa
pers Of that city; another, Mr.. w. 5. Mel
den, the president of a wholesale drug
company doing business not only in Utah,
bu. in other OF the western states; an
other M. Ezra THOMPSON, a gentleman
who has held the office of mayor of Salt
Lake City for two terms; another, Mr.. J.
J. COrWin. man engaged in real estate,
who has been a resident of Utah for about
sixteen years; five others. Mr.. George r.
Hancock. Mr. w NJ. Ferry, Mr.. Harry
c. HILL Hon. c. +. Allen and Mrs. II. @.
Mcmillan, are men holding positions in the
mining industry of Utah. Mr.. Allen was
the first representative in congress from
the state OF Utah. Another of the signers
of the protest, Mr.. 9. H. Lewis, was for
merly assistant United States attorney
and is now master in chdncery of the
United States circuit court. Rev. Abel
Leonard was. up to the time of his death,
which occurred in November, 1903 the
bishop of the diocese of Utah of the Pro-