New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-02-15
KNOXO ON STATES RIGHTS
EXPULSION OF SHOOT.
1t Would In0oIUe Violation of Con
StitutiOn. He argues.

Washington Feb Ex-senator Knox addressed tho
Senate to-day opposition TO the resolution that
Reed Smoot is not entitled TO a seat as Senator
Of the United States from Utah" He received the
closest attention because of his discussion of the
legal questions involved regarding expulsion. which
would require two-thlrds of the Senate, or cxclu-
sion, requiring only majority Of the votes He
contended unalteraby that nothing less than two
thirds Of the entire membership Of the Senate couId
unseat the Utah Senator.
Mr.. Knox said that he had Intentionally referred
TO the proposed action against Senator Smoot as
expulsion, he did think the Senate would
seriously consider that any question is involved
except one of expulsion. He contended that there
IS TO question of Senator Smoot possessing the
qualifications prescribed by the Constitution, and
therefore he could not be deprived of his seat by
a majority vote. He declared that 1t Is not IN
the power Of the Senate to say to the states;
The are not enough; we require other qualfi-
cations" or to say that I'VE cannot trust the
judgment the states in the selection OF Senator'S
and therefore insist upon the right to disap-
prove them for any reason
Subject the limitations imposed by the Con-
stituton, said Mr.. Knox. the states are left UNI
trammelled their right TO choose their Senators
He reclted the fact that the Constitution enables
the Senate TO protect itself against improper cnar-
acters by expelling them by two-thirds vote II
they are guilty of Grim offensive immortality. dis
loyalty or gross IMPROPERLY during their term OF
service. He specified these reasons he said, be-
cause he could not imagine the Senate cSpelIns
member for a cause not falling within one OF
them.
Calling attention to the fact that Pennsylvania
was the first to take steps to approve the Consul
tuition he prayed tina. she might be the last 10 ac-
qulesce in the invasion Of rights involved In TINS
heresy Of Senatorial power to add to the constltu-
tionaI qualifications of Senators and kindred in'o-
err hcresies of constitutional construction Con-
tinuing. he said
Tho perfection Of human liberty under lay WI.
only be attained under the American ConSILol,,E
sphere exers it, powers to the Utmost limits Cor
the public veal; when the states and lne al i
the rightf,l and run exercise Of the national power
over national affairs when mere are II" yprs
Of the states for tho ACKNOWLEDGMENT OF nauondI
power: when the people discriminate between the
wise policies designed to meet the imperative needs
Of modern conditions and demaEoglc Assaults up"3 1
personal purposes; when the people shall not , ne
affairs ana normal conditions are uh alS'qipeH ~
ceaseless aEitations- agitauons tomenteu bE IsHo-
Just ana constitutional policies Of the time which
had due beginning have reason Tor 'aeiT elss I
l Know Of no tenet in the new Propagand,a, Of
the danger to our country uNoNea IN lie . ~
deprived Of his seat whenever the majority Of the
Senate concludes lntj tAeie ere r,, CI,7rrt,
organization TO which he belongs when JhaJ ma
iority believes to be or TO have been dangerous,
Mr. Knox said that il he were asked TO state
concIserv the true theory Of the Constitution on ue
important point Of the qualification OF senator
he would uuhesitaunGly say:
That the Constitution undertakes 20 prescribe no
moral or ingn'at 4','I5 s .r Son Mn. senate
by majority vote. shall judge or tatT eAlslgl-'
or after the senator has taken his scat That as
to ell matters affecting man i4ola' or men
instance subject Eow"y,T, 10 ne poTy. titrjs,
vote OF NV, , rerio6 of SENATORIAL ser
I .4rf.g ton /.