Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-10
COMMENTS ON THE sMooT CASE.

James wilford Garner professor OF
political science University OIL
Illinois. in the current number
or the North American Review,
discusses the celebrated case against
senator Reed smoot. He says in part
.Of all the reasons alleged in support
OF the exclusion OF Smoot, the only one.
as / have said, that seems entitled to
serious consideration is that his menu
hersblp In II hierarchy the majority or
whose members are living IN polygamy'
contrary to the law OF the State he rep
resents renders him unfit, morally to
occupy a seat in the National legisla-
ture. It's Is the point on which the
whole case hinges BY the express ad-
mission of his accusers, he Is not amen
able for any crime cognizable by law,
nor for any not cognizable by law II
the customary distinction between pas
sive Knowledge of crime and active en-
couragement is preserved The argu-
ment based on mental thraldom Is far
from convincing to a judicial mind. The
other arguments that the Mormon
Church interferes In politics. that It
conducts business enterprises. main
tains courts for the settlement of civil
controversies and similar activities APP
ply with equal force to the case OF the
present Mormon Representative In the
other Mormon Senators and Represen-
tatives who have represented utah IN
the past"
The contributor to the Review well
remarks that the whole case hinges"
upon charges directed against some of
his associates. and not against himself,
and this. presumably is without pre-
cedent In the history of Congress
This Is not the only anomaly of the
case. Most of the signatures 10 the pc
titions for his expulsion were obtained
under false nretenses. Wilful nisrep-
reservations We're made the basis Of the
harrangues OF the solicitors of names
aud contributions, Then among the
.inyestigatorsn was at least one gentle
man personally interested in an adverse
decision against the Senator--a man who
did not hesitate to pronounce judgment
before the case had been heard and
who. therefore, was not competent to
render impartial judgment on the var
ious issues brought before them, hay
ing found an opinion beforehand of
the matter under investigation. This
was not fair. II does not harmonize
With the generous American idea OF
square deal.
The remark OF Mr.. Garner, that the
alleged objections TO Senator Smoot APP
ply 10 other Mormon" senators and
representatives. ia to the point The
anti" Mormon" agitators know that.
Their purpose Is the practical disfran-
chsemeit of all who belong to the
Church. This anti-American, medieval
crusade is therefore a blot upon our
civilization and the plot to fast
en- It upon the pages of the
history Of this country viii be
resisted by all honest Americans. in
and out Of Congress, who are no. blind
cd by prejudices to the threatened dan
ger OF rotrogresslon toward the dark
ages.
Prof. Garner very strongly argues for
the unoonstitutionallty of the proce-
dure recommended by some Of the per-
secutors. ON this point he maintains
that IL It were u question Of constitu-
tonal qualification bare majority
would suffice 10 eSclude, But" he
adds, mo such questions are presented
IN the present case. smoot possesses
all the qualifications required for soma
tor; and, when he was sworn In, no
objection was raised on this point. and
nothing has since occurred TO affect his
constitutional eligibility, II 49, there
fore, not Il question whether as mem-
her-elect he shall be admitted 10 his
seat but question Of whether, as "a
fully qualified member. he shall be de-
prived OF IT,"
The writer concludes AS follows; THE
question of ~,Sether Senator smoot
ought TO be deprived OF his seat is one
on which men OF the highest moral
standard may differ but there should
be no difference of opinion concerning
his right TO the means provided By the
Constitution for his protection against
the possible projudices ana passions Of
his colleagues"