Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-12
Hopkins Questions Right Of
Senate to ExpeI Member
Possessing Qualifications
Prescribed by Constitution,
COURTS ALONE CAN
IMPEACH SENATORS
Speaker Cites Century Old
Precedent in Support of His
Contention Which He Says
Has Never Been Reversed,
lBy Morning journal special leased wire

by Morning journal special LEASED Wire !
Washington, Jan. 11.-The first
speech in defense of the right of Reed
Smoot to seat in the senate was de-
livered today by Senator Hopkins Of
Illinois.
Mr. Hopkins took the position that
senators were not federal officers 70
the extent that the senate could pass
upon their qualifications and eligibility
or could impeach them Tor high
crimes or misdemeanors. II a senator
was to be punished il must be done by
the state or federal courts Only fed
eral officers. he maintained, were inn
peachable, and this Impeachment
must be for acts committed as such
federal officers.
The precedent cited was the unsuc-
cessfu effort to impeach Senator
Blount of Tennessee, charged with
reasonable correspondence with
foreign nation, more than one hundred
years ago. The conclusion then. Mr..
Hopkins said. had never been re-
Verscd, and was that the senate had no
right to try the case. as Senator
Bount was not an officer of the
United States.
MI Hopkins said it was unnecessary
20 multiply evidence To demonstrate
his point that individual states have
no power 10 ada any qualification to
q senator ether than those prescribed
By the federal constitution Refcr,-
ing directly to Mr.. Smoot, he contin-
ued:
1T is conceded by the chairman OF
the committee on privileges and cleo
lions that Senator Smoot possesses all
If the qualifications spoken of in the
itself. 1t is also contended.
not only by the chairman of this com
nittee, but ! think by all who are at
III familiar with the case that Sena-
or Smoot is not "A polygamist, that he
las never married plural wife and
mas never practiced ploygamy; that he
$ man in his personal relations, as
SON as husband. father and citizen, |
lbove reproach; that in all of the re-
ations Of citizenship he has lived a |
iinguarly pure and upright life.
why, then" ne asked should he |
Dc expelled from this body, disgraced !
ma dishonored for life, a stigma |
placed upon his children, his own life |
wrecked and the happiness of his Wife !
destroyed? g? He is a Christian gentle /
nan, and his religious belief has taken
Tim into the church of Jesus Christ /
# Latter Day Saints. commonly called (
he Mormon church.
WI. ilNDkliiN Ntilh wv lNit Hbif AhN''N
epresenting the protestants would not
ontend that there was an apostolic 4
ath which had been taken by Mr..
,moot which would prevent him from
Iischarging his duties as senator. Mr..
hopkins sympathlzed, he said with
he denuncation OF polygamy made
" Mr. Burrows in a recent speech. II
vas he believed. a relic of a barbar-
us age and a destroyer of the ideal
american home, and he had no SYM
athy with the practice.
Never before in the history of the
overnment," he declared with great
mphasis has the previous life of a
enator been called in question to de-
ermine whether he should remain in
he senate or not.
III members of any Christian
hurch were to be charged with all
he crimes that have been committed
1 its name. where is the Christian
entleman in this body who would be
afe in his seat
An extended history of the Nor
ION church was given by Mr. Hop
ms, who concluded that the testi
iony taken before the the senate
ommittee demonstrated that Senator
moot represented the higher and
etter Mormonism He denied that
lc protestants had made good in any
/ the charges against Mr.. Smoot. Az
af reviewing tut tldi StN anu tue ~ /
ument to sustain them al length. MI.
Iopkins concluded with the declara-
on that he would be false TO his
ath as a senator &c he voted to eNpel
H. Smoot from the senate
Mr. BeVeridge supplemented Mr.
-opkins' speech with the statement
lat the country should be informed
lat Mr. Smoot was not now and never
ad been "A Dolygamist
Senator Fulton asked Mr.. Hopkins
neither the Mormon church had rec !
ynized the twenty polygamous mar
ages which the evidence shows had =
ken place since the manifesto OF ]
$50. II
Mr.. Hopkins said the church had &
lt recognized these marriages. [
Mr Du Bots asked II MI Smoot had .
fer done anything % bring these per {
ms 10 Justice. Ia
Mr.. Hopkins held that there was no q
ore obligation on Mr. Smoot in this Z
'spect than on anyone else. Mr bn r.
obs wanted to know whore and when !
r. Smoot had ever publicly placed 1
mscif nn record as condcmnlng po- Il
gamy. h
Mr, Hopkins replied that senator /,
moot had twenty or forty imrs y
atfd bis position before ihr commit /.
81 lnd fhlf his whole lifr ANA rtril p
lrc nf hiH heluH was protest
lHIusf rnllEHmf-
rrhn senator himsrifH r0niicd Me- %
Huilns addressing Mr Iu Bots.
'arf nuf stand uI hrrr nu inle lonr
ant other riaNe lud aif inHt 1900 y
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