The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-02-22
What matters It how happy or, un-
happy we have been, II we nave
minded our business and advanced
our affairs!-Thoreau.
Senator Snoot and the Constitu-

Senator Sn1oot and the Constitu-
ton.
The New York World makes the
Interesting contention that the Sen
ates favorable action in the case of
Mr. Smoot on Wednesday WAS nothing
less than vindication of the Const-
tuition. When the Senate, it says. ire
iccted the Burrows amendment, exclude
ing Smoot from his seat, 1t overturned
about the most mischievous political
doctrine that has been advanced since
the Civil War" and our contemporary
adds:
This doctrine involved nothing less
than the contention that n majority
OF the Senator's could at any time set
aside the Constitution. impose their
own qualifications for membership, and
exclude any Senator who did not hap
pen to meet such shifting qualiica-
tons as the majority saw tit to I'M
pose"
The argument here is of course, that
for the members of the Senate to i'm
pose their own qualifications" IS simply
TO "set aside the Constitution" Is that
argument sound? a contrary impress
+ sion, we believe, is generally current.
Many tolcrnbly wcll-informed persons
are of opinion that what is here de-
scribed as q violation of the Constitu-
ton is, in point Of fact. expressly
permitted by the Constitutions: that
the Senate has an unimpeuchablc right
to determine the qualifications of Its
members, and to eXpcl, without appeal
such as do not meet with It's approval
Which of these opposing Views is
right?
says the Constitution, Article /. Sec
tion 81
NO person shall lie a Senator who
shall not have attained to the age of
M thirty years. and been nine years a
citizen Of tho United States, and who
shall not, when elected, be an inhabi-
tant OF that state for which lie shall
En- be chosen.
Says the Constitution further, Arti-
clio l, Section s.
,ss Each house shall he the judge OF
the elections. returns and qualifca
M lions of its members. Each house
may determine the rules of it's proceed
ings. punish its members for disor
4 derby behavior, and, with the concur
renee OF wo-thirds, cXpel a member"
At first glance this would seem t.
supply the SGnators, with all the con
stitutional backing they could wish
They are authorized to Judge the quail
tlcations OF its members, and by two
thirds vote to cxpel a member. Blu
note, they are not authorized to Il:
5 the qualifications OF its members; onl.
to Judge them. Tho fixing has alrcad.
been done by the Constitution, whicl
prescrbes that each member mus
@ have reached certain age, must hav
been a citizen for SO many years, an
must be an inhatitant OF the Stat
which elects him.
Under the same section, and In tn
Il same language, the Senate Is pcrmitte
10 be the judge of the elections of ii
members. That Is. it is to dctermIn
whether or not such elections wei
III legally held under the Constitution.
could not fix new terms for such clct
r tions. Il could not, for example. rule III;
any member must be chosen by pop,
lar vote, or that he must be clectt
II Tor twelve years instead of the desi;
88 ;iated six, In precisely the same wa
IT would appear to have no right
substitute it's own qualifications f
membership for those prescribed
"A the Constitution.
That. as we see It, is the strength
this argument. There is, OF cour.
good deal to be said on tho 9th
ssi5 Eido. New conditions arise which I
trainers Of the Constitution could j,
anticipate. There Iii nothing said
4 the document, for example, regard
civil disabilities attaching to pol
samy. Yet the House OF Represent
tlYcs did not hesitate, In 1900, to
clude Brigham Roberts on that Erou
furthermore. tho most formidable
legation against Smoot was that
owed all allegiance to the Morn
Church which was. or might be. Ii
tile 20 the interests OF the Uni
States. and the Constitutions ,nau
ilonably provides for the punshm,
through Congress, OF those who z
laid and comfort" to tic countl
enemies. t4
Does membership IN the Morn
Church warrant such a.. infercn
Senator IL nox thinks not. He says
~ know no tenet in the now pro
ghnda OF constitutional construct
that hogIns to contain thn danger
our country involved In the contcn
that Senator of the United st,
>lnay he deprived of his seat wllene
the majority of the Senate conclt
that there are doctrines taught
which have been taught In the
: 4 II