The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-04-14


put TO Worthington during his argument
by Senators Foraker, Knox, Dolliver and
Dillingham; indicated to Smoot sympa-
thizers that they agreed with many points
made by him and showed very strong
proof of Smoot tendencies on their part.
Worthington's Argument.
In his argument today Worthington
stated that two original charges on which
the case against SmOOt was taken up in
the Senate had been entirely abandoned
by the prOteStantS and that doubt now
exists as to what the charges really are
against him If the charges that SmOOt
was a pOlygamiSt and that he had taken
an oath as an apostle inimiCal to the gov
eminent, now abandoned, had not been
included in the original petition TO eXpel
SmOOt, the protestants, he contended,
would never be given a hearing by the
senate. WOrthington cOmbated the argu-
ment or Carlisle that the senate mad the
power to add to the disqualifcauOns of
senators enumerated by the constitution.
Case of Roche.
In this connection ne cited the case of
former Senator Roche. who, while living
IN Washington, was guilty of embezzle-
ment, moved west. changed his name and
came back as a senator from North Da-
kOta. His case was referred to privileges
and elections committee, where all the
facts alleged were established, but the
case was dropped and he was allowed to
complete his term in the senate.
Discussion in committee showed that
1t was the belief of the committee that
there was no constitutional methods Of
eXpellIng him from the senate after once
sworn In for a crime committed prior to
his becoming a member. The testimony
in the SmOOt case, Mr.. WOrthingtOn said,
showed that SmoOt lived a blameless life
That not a line of evidence was produced
to show that he had violated any Crimi-
nal, civil or moral law, and il was adj
mitted that as an apostle he took no oath
In conflict with his duty as citizen.
PoIygamy Dead in Utah.
worthington contended that the testi-
mOny taken by the committee demOnstrat-
ed that in Utah pOlygamy is as dead as
in any other part of the United States,
and that all instances of alleged plural
marriages entered into by MOrmOnS since
the manifesto would not average one per
year, and that those contracting such
marriages were in nearly every case fugi-
from any intention of influencing the
committee through the recent action of
lOr and Cowley as IL was expected by
SmOOt that the hearings in his case would
be closed long before the present confer
ence- and that the delay in the hearings
was due to the request of counsel for the
prOtestants-
Telegram From Church Official.
That while it was known to Smoot in
October last that Taylor, COwley and
Tanner would resign, no use of this fact
was made in his dealings with the com
mittee In support of his statement NVor-
thingtOn read a telegram received by him
from a church official in Salt Lake TO
whom he wired for confirmation of news
paper reports, as follows: Il beg to in
form you as attorney that the resigna-
tons of Taylor and Cowley were filed DC
tOber % last and were accepted"
WOrthingtOn then discussed in detail
points raised by Mr.. Carlisle in his argu-
ment yesterday. He cOntended that
everything brought out in the SmOOt
hearing. as to church interference in mol
itics and business, was known in 1895,
when the enabling act was passed, with
out an attempt to restrict the church in
their matters and that one of the first
senators from Utah was Frank Cannon,
who had taken the endowment oath anC
who was a faithful member of the Nor
mon church. During tOday's proceedings
Mrs. SmOOt attended the hearing for the
first time