Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-08

which may be awarded to the protest.
ant,
MIR. MoLaurin~-A frivolous protest
would be treated IA a frivolous ault or
as a frvoIoue prosecution In court would
be treated, The prosecutor would bo
taxed with the costs.
MIR. Dauiel--Was the money that II is
proposed 10 reimburse to these people
the money OF those by whom 1t was OK
pendod2
MIR. McLaurin~-1 do not know that
the senator from Utah paid out OF his
own pocket his expenses do not know
that the Mormon Church did not pay
them; ! do not know anything about
that; but know IL st is just 10 pay
the expenses OF tho protestee II Is Just
to pay the expenses Of the proJestanLs
Mr.. Daniel-The senator does NOT
Know that they had any? That IS the
question asked him.
Mr.. McLaurln-They have already
paid
Air. panlel~-seven thousand five hum
dred dollars, L believe.
Mr.. McLaurin--It is said that they
paid $500 to the lawyers.
Mt Daniel--Are there any other ox-
pensesf
MIR, McLaurin,--t did not ask whether
there were amy other expenses. This
amendment does not propose TO pay
the lawyers. II proposes to refund
to the protesting Woulen the money
they paid TO the lawyers.
Dir. Danie--The lawyer, then, has
been paid, according 10 his contract
Mr. McLaurinv-C Certainly,
Mr.. Daniel-And YOU propose TO pay
aim a bonus?
Mr. McLaurin--No, sir; do not pro-
pose to pay the lawyer,
Mr. paniel--Who is to be paid
Mr.. McLnurin--Tt is 10 reimburse
alh lna, an hn N vr,
secute the protest
Mr.. Daniel-Who paid TOR their own
legal eXpenses2
Mr. cLaurln--Certainly The conn
mlttee amendment proposes 10 REIN
burse the protsstee Tor his own legal
expenses. and IL that Is done the prot
ostantS should be reimbursed their legal
expenses.
Mr.. Daniel-Was the $3.50 gathered
up by small contributions
Mr. McLaurln--It was stated log the
senator from Idaho to hs from orga-
ni9aiIOns.
Mr. Danlel-pld the organizations
gather II by contributions
Mi. McLaurin--G ana not III confidence
OF the organizations I do not know
about It; but IL does not make any diff.
ference TO ME who gathered IT, where
they gathered II, or how they gathered
it, They used it for what they consld.
cred good purpose, a just purpose
ana a purpose that was moral Fur
thermore, they were women, and be-
ceuse they were women they ought not
Ia be cut out. That Is my idea about
It..
Mir, BuTrows---Nfr President
The Vice PresIdent--Does the senator
from Mississippi yield 10 the senator
from Michisan2
Mi, McLmrin--With great pleasure.
Nh, Burrows--Mr. President. | per-
hAps ought to state the facts. so tnr as
/ know them. When this investIsat ion
commenced It was asked at the outset
If anyone appeared for the contestants.
and MI. Tayler, now Judge Tayler, said
he appeared for the coutest ants, who
We're ~ gentlemen from the city OF salt
Lake who signed The protest, The
question was asked il anyone appeared
for Senator Smoot, and Mr., Wurthlug-
ton an attorney of this city. and also
Mr.. Van Cott Of Salt Lake City. said
they appeared for him ana desired to
be heard.
Mr.. Carlisle was also announced to
| appear for the prOtestants and did APP
| pear, and he conducted the latter part
| Of the hearing The hearing was .. pro
| tracted one. as the senate Knows. Over
| 100 witnesses were subpoenaed, OF
course the witnesses were all paid by
| the government thir travelling expenses
| and the usual per diem allowed, ME
| TayleT remained in the case until he
went on the federal bench, and theil
| MIR. Carlisle concluded the case, What
was paid by the contestants for MI
| Tayler's services and for Mr.. Carlisle S
| services l have no knowledge. L have
| stated the simple facts of the case
| and that lis all there is to 1t.
Mr. McLaurin-Mr- President, there
| has been handed TO me list of the
expenses, which Is as follows: Wit
nesses s22. 54l. 40; stenographer s4,l2a.a3i
marshal, S1S1 "a. Then there Is a little
| item which | can not make out, OF
| {l4, 20, aggregatlng S26,96l "A.
The thing that occurs to Inc Is that 1t
| Is bad policy for the government to pay
| expenses of either party to this protest;
but. inasrnuch as the expenses q this
protestee are 10 be paid, and inasmuch
as extraVagant counsel fees are 20 be
| Acknowledgements it does seem TO Inc
that In case OF this kind $4,000 Is
| rather extravaganza for counsel and at
torney's fees-It the organization OF
women who fought this case thought
| that the morals Of the country required
| that there should be a protest entered
| against the admission of man into the
senate who belonged to an organization
| that recognized polygauy II they
thought that the admission OF one who
belonged 10 in llidN tSNN7-
| ntzed poyGalny was to strike at the
homes OF the country; prosecuted IN
good faith that protest and expended
this amount OF money, and II does SEEM
to me that the actual amount OF muiey
that they expended, lnasmuch as Il is
only half OF that that Is appropria ted
for the protestee, ought to be nppro-
priated in their behalf. That Is my Idea
about II. and | submit II to the senate.
AS | have said before ] can not be-
lieye II Is good legislation or that H. is
good policy for the government to pay
either party 10 this contest. So 4ar as
the principle is concerned. while there
is an apparent distinction between 2
contestant cOntesting for a seat and
con1estee cOntesting for the retention OF
his seat. that distinction is merely in
words. because the principle Is exactly
the same.
In one case the contestant says ~
am entitled TO this seat and the other
man Is not entitled to 1t, and he ought
not to be permitted 10 leglhiate for the
country, because he has not been elect
ed 10 represent the state whose creden-
tlals he brings pnrporting TO authorize
him TO represent IT, whereas In tho
other case the prOtestants say, not IRE
they want a seat, but that good govern
inent requires that the man who oecu.
pies the seat ought not to he entitled
10 the seat until an adjudication can be
had Of tho question OF his election, OF
the returns OF hts election and OF hls
Qualifications II they say that because
OF deficiency m either one OF these he
III A.