Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-18

tintrammeied in their right TO choose
their senator's This constitutional
provision secures n measure OF maturity
| in counsel and at least a presumption
| Of interest In the Welfare OF the ma
ton and state.
By another provIsior--namely, that
relating 10 aNpuision.-the Coustitu-
ton enables the senate TO protect IT.
self against Improper characters pN
expelling them by two-thirds vote
II they arc guilty OF crime offensive
immortality. disloyalty, or gross I'm
proprlcty during their term of SCR
vice.
specify these reasons because I
can not Imagine the senate eNpellns
n member for cause not falling
within one of them.
Mr.. President, / would be false 10
the traditions Of my state, forgetfrl Of
her history and the relations she has
sustained to the birth development
and defense OF the national govern
ment. II I failed 20 raise my voice IN
protest against an cncroachment up
on the rights reserved to the states
when she so promptly unconditlena Y,
and unreservedly ratified the Const-
tlon OF the United States.
AS PENNSYLVANIA was first to take
steps to approve the Constitution, 50
] pray she win be the last to ac-
dulesce in the Invasion OF rights in
VOWED in this heresy of senatorial
power to adj TO the constitutional
qualifications Of senators and Kindred
modern heresies Of constitutional con-
stluctiou,
The perfection Of human liberty un-
der law will only be attained pndcr
the American Constitution when each
Of the dual sovereignties within It's
sphere eNerts its powers 10 the utmost
limits for the public veal; when the
states ana the artificial bodies they
have created cease 90 deny and resist
the rightful and full exercise Of the
national power over national rfairs;
when there are no attempts TO en-
croach upon the undeniable reserved
powers of the states for the aggran-
dl2ement of national power: when the
people discriminate between wise poll
cies designed TO meet the imperative
needs of modern conditions and dema-
goglC assaults upon the foundations
Of the republic for political or person.
nj purposes; when the people shah not
be vcxed by unnecessary Legislation
upon their daily affairs. and normal
conditions are undisturbed by cease
less agitations--a gitations fomented
by ignorance and insincercity- and mis-
representing those just ana constitu-
tional policies of the time which had
q due beginning, have reason for
their existence. and shall have 4 due
ending when their work Is accom-
plished.
Mr.. President, l know no tenet in
the new propaganda OF constitutional
construction that begins to contain the
danger to our country involved in the
contention that a senator of the
United States may be deprived of his
seat whenever the majority OF the
senate concludes that there are doc
trnes taught. or have been taught in
the past by some church organization
to which ne belongs. which that ma
1erity believes to be, or have been
dangerous.
1t Is an easy step after the first one
II taken. because of mans religion.
to take the next and logical one of
exclusion because Of q mans politics,
aud then because OF his notions upon
economies and then because of his at
titude toward certain Legislation
ldcntically the same argument can be
made uutaiis mutandis I'm support of
the senates power in all these in
stances. as Is now advanced. namely
ON duty to guard aud protect the
senate from the contagion of false
doctrine.
| know OF no defect in the plain
rule of the Constitution for which /
am contending. l know of no case it
does not reach. | can not see that
any danger 10 the senate lies in the
not be expelled without two-thirds
vote. 1t requires the unanimous vote
of Il jury to convict al man accused
OF crime; 1t should require, and ] sbe-
lieve that II does require. a two-thirds
vote to eject senator from his posi-
ton of honor and power to which
he has been elected by sovereign
state.
The Simple constitutional require
ments of qualification do not in any
way involve the moral quality of abe
man; they relate to facts outside the
realm of ethical consideration and
are requirements OF fact easily estab-
lished. Properly enough, therefore.
as no sectional. partisan, or religious
feeling could attach Itself to an issue
as to whether or not man Is 80
years of age, had been citizen of
the United States and an inhabltant
of a state for the periods prescribed.
the decision as to their 'eNistcncS rests
with majority of the senate When,
however. Il different issue is raised,
dehors the Constitution, upon ailefa-
ticns of unBtness. challenging tic
moral character OF q senator, invoIV-
Ing a review Of questions considered
and settled in the senator's favor by
the action OF his state in electing him,
then the situation ~ wholly changed
and a different function is to be per-
formed by the senate calling for Its
proper exercise the highest dcllcacy
and discretion in reviewing the action
of another sovereignty.
II ! were asked to state concIscly
the true theory % the Constitution
upon this Important point. would
unhesitatingly sly;
First. that the Constitution UNDER
takes to prescribe no moral or ~ entail
qualification, and In respect to such
qualifications as II does prescribe.
the senate by a majority vote
shall Judge OF their existence In each
case, whether the question Is raised
before or after the senator has taken
his seat.
Second. That as TO all matters Affect
ms n mans moral or mental fitness, the
states are to be the judges in the hrst
instance, subject however, to the power
Of the senate to reverse their Judgment
by a twO-thirds vote OF expulsion when
an offcnse OF an offensive status ex-
lends INTO the period OF senatorial SER
vice, ana such Il question can only be
made after the senator has taken his
sent.
If 10 this II Is objected that Il con-
templates admitting man who may be
Immediately expelled / reply that II Is
hardly proper 10 adopt rule of con-
stitutlonDl construction and senatorial
action based upon the theory that the
states Will send criminals or idiots to
the senate. Besides 1t does not seem
10 me to be conceding much 10 a state
after It has deliberately and soemnly
elected n senator after the fullest con-