Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-26

that senator must have attained TO
the age OF thirty years been nine
years o citizen OF the United States.
and shall be an inhabltant OF that
State Tor which he shall be chosen
which means the Qualifications there
are none others. But the Senate mas
another judicial function II may
punish it, members for disorderly be-
havIor. and, with the concurrence Of
twO.thirds. cNpe a member To DO
this IN any other way or spirit than
iud.Cally would be an outrage.
~ rs "A confusion Of thought TO sup
pose that because The Senate Is chleily
legislative. therefore IT'S judicial &C.
tlru may be- affected by petitions. sem
aior Huar was right when he SAID OF
certain petitions against Mr.. smool
Iu 1903.
III is as much out Of place TO adj
dress such petitions 90 this high court
which Is 20 determine those cases as II
would De- 10 petition the supreme couri
OF the United States 10 take up some
case which Was before % OF decide II
iu O. particular way
There Is in the present case no par
eIIei such as has been asserted win
'hC petitions against slavery presented
by John quincy Adams Those we're
addressed % The law -mak,ug power
urging enactment NJ laws. "a very dlf-
!ertut case from the present
Accordingly We Join iu DO petitions
20 tho Senate that u reject Mr.. Smool
All We are allowed 10 do Is 20 express
our personal opinion that We see no
cOustitutionally valid ground for re-
jecting him lie has been yalidly elect
ed.yalldly returned. and he possesses the
valid qualifications under the Consti,u-
ton. lie Is the kind of msn the people
OF Utah. q State On the Union, want
He Is not digorderly' for there is no
prc.onse that he has broken any law
such as a Senator from Kansas was
guilty of. an offeuse which compelled
him 10 resign SO az 10 avoid expulsion
We have no liking FOR Mormonism or
the Mormon Church, but we would not
have Utah refused It's chosen repre-
sentative on tho demand Of men and
women elsewhere. so long as SIR, Smoot
possesses the constitutional quallnca-
tions
The report against Mr.. Smoot was
adopted IN committee by one majority,
NIlA ANIf ~ WI Va " % y WIN NtAN AAAAft'.N
ity, The majority would exclude him
on no personal ground. but because
be Is one Of the twelve Apostles who
rule the Mormon Church. who have
condOned polygamous relations, "and
have brought about IN said State a
union OF Church and State contrary
% the Constitution Of the state OF
Utah. ana contrary 10 the Constitution
OF the United States. Now there is
nothing IN the Constitution forbddlng
the union Of Church and state In any
State. and the only provision Is this,
that no religious test shah ever be
required as a qualification 10 any
Office or public trust under the United
States But that does not forbid the
election Of a Mormon as Senator. any
more han a Presbyterian or a Catholic.
Indeed. the complaints made against
the Mormon hierarchy are precisely
those that are frequently made against
the Catholic. and used to be made IN
Connecticut against the standing or
der We do not like 10 champion
the Mormon Church, which we despise
and detest as a mOnstrous delusion.
but oven Mormons have their political
and constitutional rights"