Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-12
IN BEHALF OF
SENATOR SNOOT
Senator Hopkins Opens Case for
The Defense in a Most
Able Speech.
AN UNANSWERABLE ARGUMENT
If Members of Christian Church TO he
Charged with Grimes Done in its
Name, Who Could Sit in Senate?

Washington, Jan. 1.-THE FIRST speech
in defense of the right of Reed Smoot TO
a seat in the senate was delivered today
by Senator Hopkins Of Illinois
Mr.. Hopkins took the position that
senators were not federal officers to the
extent that the senate could pass upon
their qualifications and eligibility or
cesful effort to impeach Senator Blount
nleanors. If a senator was to be pun
ished It must be done by the state or
federal courts. Only the federal off,
GERS, he maintained, we've impea.ch-
able, and this Impeachment must be for
acts committed as such federal officers.
The precedent cited was the unsuc-
cessful effort to imperch Senator Blount
of Tennessee, charged with reasonable
correspondence with a foreign nation,
more than 100 years ago. The conclu-
sion then, Mr.. Hopkins said. had never
been reversed and that was that the
senate had no right to try the case as
Senator Blount was not an officer of the
United States.
Mr. Hopkins said ii was unnecessary
for him to multiply evidence to demon-
Strate his point that individual states
have no power to add any qualifications
TO senator other than those prescribed
by the federal Constitution. Referring
directly to Mr.. Smoot, he continued:
1T is conceded by the chairman of
the committee on privileges and cleo
tons that Senator Smoot possesses all
the qualifications spoken of in the consti-
tuition itself. IL is also conceded, not
only by the able chairman of the COM
mittee, but 7 think by all who are fam
Itg,, a..tt a, llNs,g
is not polygamist; that he has never
married a plural wife and has never
practised poygamy; that he is a man
in his personal relations as son, as
husband. father and citizen, above re-
proach; that in all of the relations OK
citizenship he has lived a singularly
pure and upright life"
why, then" he asked, should he be
expelled from this body. disgraced and
dishonored for life. a stigma placed up
on his children, his own life wrecked
and the happiness of his wife de-
stroyed? He is a Christian gentleman,
and his religious belief has taken him
into the Church of Jesus Christ of Lat
ter-day Saints, commonly called the
Mormon Church."
Mr.. Hopkins said he felt sure those
representing the protestants would not
contend that there was an apostolic
oath which had been taken by Mr..
STnoot which would prevent him from
discharging his duties as senator. Mr.
Hopkins synpathized he said, with the
Pronunciation of polygamy made by Mr..
Burrows in a recent speech. II was, he
said, a relic of barbarous age and
destroyer of the ideal American home,
and he had no sympathy with the
practise
Never before in the history of the
government" he declared with great
49, ct hoe A4. tyN,,
career of a senator been called in ques-
ton TO determine whether he should re-
main in the senate or not.
If members of any Christian church
We're to be charged with all of the
crimes that have been committed in its
name. where is the Christian gentle
man in this body who would be safe in
his seat ?"
An extended history of the Mormon
Church was given by Mr.. Hopkins, who
concluded that the testimony taken be-
Tore the committee showed radical
change for the better, and that Senator
Smoot represented the higher and better
Mormonism. He denied that the protest.
ants had made good In any of the
charges against Mr.. Smoot. After re-
viewing the charges and the arguments
to sustain them at length, Mr., Hopkins
concluded with the declaration that he
would be false to his oath as a sena-
tor If he voted to expel Mr.. Smoot from
the senate.
Mr.. Beverldge supplemented Mr..
Hopkins speech by the statement that
the country should be informed that
Mr.. Smoot was not nor ever had been
polygamist
Senator Fulton asked Mr.. Hopkins
whether the Mormon Church had rec
ognized the 20 polygamous marriages
which the evidence shows had taken
place since the manifesto OF 1890.
Mr. Hopkins said the Church had not
recognized these marriages. that under
the laws OF the Mormon Church toda!
such marriages were not permitted, and
that the parties contracting them knew
they We're violating both the civil law
and the Church law, and for that rea-
son all of these marriages had been
contaminated In Canada.
Mr. Dubois asked IL Mr.. Smoot had
done anything to bring these persons TO
Justice.
MIR Hopkins held that there was no
more obligation on Mr.. Smoot in this
respect than on anyone else. He MAIN
tanned that Mr., Smoot had In his POSI-
ton IN the Church, done NOR to stamp
out polygamy than any thousand other
men, land yet you propose to punish
him for this by expelllng him from the
senate"
Mr.. Dubois wanted to know where
and when Mr. Smoot had ever publicly
placed himself ON record as condemniug
polygamy
Mr.. Hopkins replied that Senator
Smoot had 90 or 40 times stated his po-
sition before the committee and that
his whole llie and every fibre OF his be-
ing was a protest against polygamy. II
was not necessary, he maintained, for
Mr.. Smoot TO shake his FIST IN the face
OF any man and announce his position,
nor was II necessary for him to rise In
the Tabernacle and denomce President
Smith of the Mormon Church.
"The senator himself" replied Mr..
Hopkins. dare not stand up here on
this floor or any other place and say
that Reed Smoot has not been n per-
slstent opponent of the practise OF POI
lygnmy"
Mr. Dubois demanded TO have pointed
out in the committee testimony where
Mr.. srnoot had stated his position n
HOPKINS. however. took his seat Rd
Mr.. Culom was recognized 10 call up
the legislative appropriation bin, ana
10 answer was made 10 Mr.. Dubois
OF the finest quality In recent Partisan
"a L.. T.. -. A.