Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-15
!. senator Regularly Elected
'' and Possesses Qualifications
~ REQUIRED by Constitution
WHAT OBJECTIONS TO HIM ARE
=. &c . Member and Officer oil
lS' c,prch---sanctity of Amer
tenn Home Not Menaced'
,s,,,tal TO the "News.')

tcrcctal TO the News
.,-,or q. C.. Feb. Ex-senator
Na'n,"s .',,d his mind about address,
Knox .'s so1ate in support of senator
ins the ma selrered his speech yester-
sn'o' ,,noa Of waiting until saturday
da' ~ originally intended. The = 'a s,,n,
a. during the discourse was wei, la LA
PEI w. ~. FORMER encouragement he'u
ana w Hence closely for nearly TWO
MS anil, ,,no be delivered a mastery
nou'' ,nsn,nant In support of the righ'
l'sS ~. smoot to continue in his seat
., '- .,,od the laws under which utah
,' =, admitted, he spoke of the compact
-. ,ybich the new state agreed 70
unu. s,, prohibit polygamy ana ' sa,t
. .gat an their minds were not sVu ,snit
~" ;nnosed. the DESTRUCTION OIL '"e-
70 " 90 FAMILIES was not required
WIEN UTAH WAS ADMITTED
.r,oh was admitted on equal terms
-.,,S other states, since by reason o.
W. constitution it had TO pc, 1ne 10
aa,i,le6 inter ali, TO representation ~,
,be senate. II any valid cohuItioil ~ ,sio
, Inv upon her It was the lrreVoGa p,e
o,5inance providing for perfect W. 'Lt.
.,on AZ religious sentiment ana ptoiii l.s,,
4 Inc nolygamous marriages.. "eilasoi
smoot was regularly elected 10 tep, ,,o,
.ert the equal state OF utan, W ~.
4 MIN and deprive the state OF one oi 70
y votes arbitrarily, can the senate ~
certainly II has the power out onIs "9
Il congress has power TO repuse an apP ~,
4 sGas,one or the senate to ratlty an
H rs .a,tss mr. confirm all appointees'
n 10, ueas' has NOT the power TO
,,antain it's right to representa-
,,on bnt this fact adds to the
y ooceselty Of the senate proceeding dls-
X nssslonately and judicially when the
risbt of state 10 its senatorial choice
;s challenged. If II was otherwise the
states would be nothing more imam
= ronlnating powers and the senate
q ,yo,,ld merely confirm or refuse TO con-
Arm, such nominations. This is not the
proper Office of the senate
4 SHOULD NOT EXPEL MIR. sMooT.
4 Ne declared that Mr., smoot should
n not be expelled for being Mormon
y when the Constitution guaranteed re-
n lipious federation, or for being an otil-
II Ger OF the Mormon Church, or for the
81 vindIcatou Of Utah's law which may
* have been selected by others, for ne
Nj added. Utah without being ignorant
s6 of the facts elected him, and the senate
"a would not be justified in going out OF
IA its way to enforce respect for the for
5sF nerly expressed will Of Utah embodied
7s IN It's law against polyganous relations
~ by defeating its later expressed will
f# shown In its electlng Mr.. Smoot."
81 why then, repeat, should the
81 senate expel Senator Snoot? Because.
Il first, II is claimed he is wicked In this,
that some OF his friends having co..
habitated with several women before
h Utah became a state are continuing To
"a % so until death, and that he approves
" o. them as officers Of the Church which
d does not chastise them for so doing;
N and second. because he is a Mormon,
Fl and the Mormon Church is an HER
aTchy disloyal 10 our institutions whose
Il will he is bound to obey.
d QUALIFICATIONS OF SENATORS.
Mr.. President, the Constitution pro-
Ndes that the senate shall be judge
Of the qualification of its members;
majority OF the senate can deter
'esses them. The Constitution also pro-
] 'ides that the senate may, with the
concurrence Of two-thirds, expel men,
/ bsIs
There Is no question as TO Senator
H Sooot possessing the qualifications pre-
Ntl0ed ny the Constitution and there
Il lofe we cannot deprive him of his seat
Il by a majority vote. He was at the
llme OF his election over 30 years of
age, and had been nine years a citi-
zen Of the United States. and when
elected was an inhabitant of Utah.
These are the only qualifications
named in the Constitution, and II is
n 10Y IN our power to say to the states
lneSe are not enough we require 9th
4 ef Qualifications, or to say that we
cannot trust the Judgment of the states
a he selection OF senators, ana we
therefore insist upon the right to dis
approve them for any reason.
RIGHT TO DIsAPPRovE.
This claim of right to disapprove
mol even subject to any rule OF the
ssnate specifying additional qualifica-
u9hS Of which the states have notice
q. me time OF the selection of their
snd'ors, but II ia said to be abso-
,lte " each case as 1t arises, un-
.gnuoAed by any canon or theory
nc touched upon the qualifications OF
s "I snoot showed that he possessed
r." 'naI are required ana insisted that
~ N AN DC expelled only by a two
,'Im vote. and that when n senator
, guilty OF crime, offensive immoral
we D's'oyaity or gross improperly.
NEW CONSTITUTIONAL con- j.
sTRuCTIoN.
! Know no tenet in the new propa-
sanla Of constitutional construction
saap begins to contain the danger 10
yy.r country Involved IN the contention
ha senator Of the United States may
N %pFlyed Of HIS seat whenever a ma
nv OF the senate concludes that
tsnsL Ne doctrines taught or have been
o,ss sM W the past, by some church
,b s,ellsatlon 10 which he belongs, which
~ SMalollty believes to be- or have
"a, ~ a"Hserous' II Is an easy step at
NAM, w hisl one Is taken. because of a
49,, religion, 10 take the next and
m Eve one OF exclusion because of a
po,.ss ponllcs ana then because of his
eansa N upon economies and then be.
lssise 81 MS attitude toward certain
rsn.4,'on' ldentically the same ar.
n ",n 's IAN De made, muiatis mutandn.
| Mssa OF the senates power In ali
| -or nH sfes as now advanced, name
sn,,a ,uuly 70 guard and protect tho
fbe Nnn INC conuagion OF false doc.
M ~ regards Senator smoot, all
tsni'hs,'gea mat he ia a man of un-
NV "' no character possessing even
ls,ore phsVtutlonal qualification as a
M me United States. What
nv AZ ue charge against him? we
/ M ~ wen 90 TO the root OF the mat.
/ b, o'Nt. il Is only this: He Is a man.