New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-22
THE SHOOT CASE.

In clearing the title of Reed Smcot the Senate
! reached. in our opinion sound and equitable
/ conclusion. The opponents Of the Titan senator
! fa led 10 make a case against him. They drew
an Indictment which was confused and murky.
| and they seemed unable 10 define satisfactorily
the grounds on which he was TO be unseated
| Undoubtedly the populn" protest which led the
Committee on Privileges and Elections 10 qNeS-
ton Nj Shoots title was based GA the ide2
that lie vas either secretly Il poyGamjSi, aad
therefore a criminal, or that he personally ana
through his functions apostle Of the
Mormon Church was secretly aiding and abeI-
ting pOlygamy No evidence being unearthei
that he had personally violated the laws
against plural marriage-the contrary being IN
fact. c0nceded-or had advocated o" counte-
nanced such violation. the charge against him
narrowed down 20 the assertion that his apostle
ship was per sc either q constitutional per
sonal disqualification for service in the Senate.
Ii was argued that Mr.. Smoots religions belief
and religious obligations were prjoT incon-
sistent with ana destructive OF his pledge 20
support the federal Constitution. ON the
ground therefore, either Of putative treason or
lack of personal, moral and Intellectual indie
pe1dencp ii was proposed to drive him out q
the Senate
The question would have been a simple -
settle. for or against the Senator. had it been
dealt with in Il strai ghtforward manner. The
Senate hes the undcuhted right to rid itself
a. IN Objectionable member Il can eiert
Senator on any grounds which saam 10 itself
sufficient. lis power 70 cype is plcnary. ana
ar action to expel Mr.. Smoct on purely personal
charges would have been open 10 no technical
or constitutional objection. RUc 10 cXpel re
quires two-thrdS vote. Mr., Shoots opponents
did not wish to take this direct and open course;
50 they laid down the principle. not that his
character. conduct and associations made him
an undesirable legislator but that official
connection such * he sustained with the Nor
Non Church IN itself jnvalidated his election
ny the Legislature of Ttah This connection.
il VAS asserted. made him JUST rs ineligible as
if he happened 10 be under thirty wears Of age.
had not been a citizen Of the United states for
nine years or had no, been an inhabitant. when
elected. Of the state hy which he was chosen.
Such attempt to read now exclusion
clause into tine federal Constitution was an
sound and unwise. The Utah Legislature WIS
clearly within It's constitutional rights when If
elaried Mr. Smoat. ana il was disugauuons to
maintain thar IN overlooking the candidates
aposie-hip in the Mormon Church the Logsla-
ture had clashed with any constitutional prohi-
bition As Senator Knox clearly pointed out
a most dangerous precedent would have been
set if the Senate had gone record as daclar-
ing that 4 citizens religious beliefs and attach
mentS must first he scrutinized and pronounced
innocuous before state could he permitted to
elect him n United States Senator
As ne said at the outset. the agitation against
Mr.. Smoot based largely On his connection
18th the Mormon Church and thnt Chrrch's
nEertion with the Illegal practice of plural
, -l.1rriage. The Senator from Utah is Il mo-
Aogamist, and he soemnly declares that he is
using all his influence 20 sustain the Church's
new policy Of mOnogamy. He reports that
polygany is disappearing among his coreligion-
lists, and that the Church's former antagonisln
TO the federal government is disappearing with
ii. We shall not be suspected Of holding brief
for AIormonisn, get can see the force Of Mr.
| Shoots suggestion that reform within the
| Church is the surest method of combating plural
marriage ami can also see the Injustice Of try
ing 10 saddle the onus Of the Churchs past sins
Oh one who seems TO be doing his best to bring
it into line with law and enlightened modern
sentiment.