Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-02-14

whose will he is bound to obey
No Question Of Qualifications.
Mr.. Knox said that he had Intentionally
referred to the proposed action against Sen
ator Smoot as expulsion, as he did no think
the Senate would seriously consider that any
question is involved except one Of expul-
sion, requiring a two-thirds vote. He con-
tended that there Is no question Of Senator
Smoot possessing the qualifications pre-
scribed by the Constitution, and therefore
he could not be-deprived of his seat by a
majority vote He declared that it is not
in the power of the Senate to say to the
states. These are not enough; we require
other qualifications. or to say that we can
not trust the judgment of the states in the
selection of senator's. and we therefore in
sist upon the right to disapprove them for
any reason
1.-THE perfection of human liberty under
law will only be attained under the Amer
lean Constitution when each of the dual
sovereignties within its sphere exerts it's
powers to the utmost limits for the public
veal; when the states and the artificial
bodies they have created cease to deny and
resist the rightful and full exercise of the
national power over national affairs; when
there are no attempts to encroach upon the
undeniable reserved powers OF the states
for the ACKNOWLEDGMENT of national power;
when the. people discriminate between wise
policies designed to meet the i'm
perative needs of modern conditions
ana QemaSOSlC ASSAULTS upon lne IOunO-
alton of the republic for political or
personal purposes; when the people shall
not be vexed by unnecessary legislation
about their daily affairs, and normal condi-
lions are undisturbed by ceaseless agita-
tions-agitations fomented by ignorance and
insincerity and misreprenenting those just
and constitutional policies of the time which
had a due beginning. have reason for their
existence, and shall have due ending when
their work Is accomplished.
No Defect in Constitution.
81 know of no defect in the plain rule of
the Constitution for which am contending.
1 know of no case it does not reach. I
cannot see that any danger to the Senate
lies in the fact that an improper character
cannot be expelled without two-thirds
vote. 1t requires the unanimous vote Of a
jury to convict a man accused of crime; it
should require, and I believe that it does
require, q two-thirds vote to eject a senator
from his position Of honor and power, to
which he has been elected by a sovereign
state"
Mr.. Knox said that if he were asked to
state >concisely the true theory of the Con-
stitution on the important point Of the
qualifications of senator, he would UNI
hesitatingly say:
THAT the Constitution undertakes to pre-
scribe no moral or mental qualification, and
in respect to such qualifications as it 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. That
as to all matters affecting q mans moral
or mental fitness. the states are to be the
judges in the first instance, subject, how
ever, to the power Of the Senate to reverse
their Judgment by a two-thirds vote of ex-
pufsfon when an Ofense or an offensive
status extends into the period Of senatorial
service, and such question can only be
made after the senator has taken his seat"
Discussing the doctrines Of the Mormon
Church and the records OF Mormons who
have held public Office since the admission
Of Utah to the Union: Mr.: Knox quoted
of the land is binding If 1t came in conflict
with the church. In the same testimony
Mr.. Smoot said he believed that revela-
lions were received from God, and summing
up this statement, Mr.. Knox said:
I'm this country OF ours religious belief
is not an Qffense or q defense. A man may
believe what he chooses without fear OF
molestation from the law or deprivation of
his civil rights. On the other hand. his
religious belief will not avail him as a pro-
lection II he violates the law"
Concerning Senator Shoots tolerance of
the continued poiygamous relations by GER
tain Mormon officials, Mr. Knox said:
1.-THE only thing alleged against Smoot is
that he let's this sleeping dog lie. If this
mon and Gentle. is likewise disqualified,
who likewise refrains from prosecuting the
o. Mormon polygamists-and they ali do"
sanctity Of the Home.
Declaring that polygamy is dying out,
that polygamous marriages have ended in
Utah, and in q few years persons pIurally
married before Utah's admission viii be
rare objects Of curiosity, Mr.. Knox asked:
AS practical men. should we not be con-
tent with that?" In conclusion Mr.. Knox
said:
ut has been frequently said that Senator |
Smoot should be expelled from the Senate
in order to protect the sanctity of the |
home. do not see how the sane
tity Of the American home is at stake in
this issue. II the Mormon Church teaches
and encourages its practice, |
surely the fact that Senator 6m0ot IL |
and has from his youth up set /
his face and lifted up his voice against |
IL conclusive evidence that he .is |
figuring by pfecept and example for the |
sanctfty OF the American home against his |
church and under circumstances requiring /
the greatest moral courage. II, on the other l
hand. the Mormon Church IL not teaching I