Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-02-14
THEORY or CONSTITUTION.

THEORY OF CONSTITUTION.
Mr.. Knox said that II he were asked
to state concisely the true theory of
the Constitution on the important point
of the qualification of senator, he
would unhesitatlngly say: That the
Constitution undertakes to prescribe no
moral or mental qualification and in
respect to such qualifications as 1t does
prescribe, the senate by majority vote
shall Judge of their existence in each
case, whether the question is raised
before or after the senator has taken
his seat. That as to all matters at
fecting a mans moral or mental htness
the states are TO be the judges IN the
first instance. subject, however, TO the
power OF the senate to reverse their
Judgment by u two-th.rds vote of ex-
pulsIon when an offense or an offensive
status extends into the period OF sem
atorial service, and such question can
only be made after the senator has
taken his seat
1T is hardly proper" Mr.. Knox con-
tinued. ito adopt rule Of constitu-
tional construction and senatorial ac-
ton based upon the theory that the
states who send criminals or idiots to
the senate. Besides 1t does not seem
TO me TO be conceding much to state
after It has deliberately and solemnly
elected a senator after the fullest con-
the first blush of the business the
states intelligent and honorable con-
duct by allowing its chosen representa-
tive admission to the body to which he
Is accredited.
MAN OF UNBLEMISHED CHARAC-
TER.
"As regards Senator Smoot, all have
agreed that he is a man of urblem-
ished character, possessing every con-
Of "a avn a ffNTs
Of the United States What. then. is
the charage against him? We may
as well go to the root of the matter
at once. 1t Is only this--he is a men,
Der and officer of the Mormon Church
nothing more. There is no other
charge brought against him. All
other charges are included in or grew
/ out of the fact that he is a Norm on.
and one Of the advisory counsel to the
presidency of that Church. Clearly
that in itself cannot disqualify him.
Vwhereas Justice Story said The Cath
Ollie and the Protestant, the CalYanist
and the Armenian. the Jew and the
infidel, may sit down at the common
table of the national councils without
any inquisitiou into their faith and
mode OF Worship"
Discussing the doctrines of the
Mormon Church and the record Of
Mormons who have held public office
since the admission of Utah to the
Union, Mr.. Knox quoted Mr. SHOOTS
testimony that the law of the land
~ binding II 1t came in conflict with
the Church. In the same testimony,
Mr.: Smoot said he believed that reve-
lations were received from God and.
summing up this statement, Mr., Knox
said: In this country OF ours. re-
ligious belief is not an ofYense A
man may believe what he chooses
without fear of molestation from the
law or deprivation of his civil rights.
On the other hand. his religious belief
he violates the law.
senator smo6 merely says that he
Defeyes II Is possible that ne might
receive revelation. That is all. Az
matter of fact he has never received
one, and SO testified, He merely as
serts that he believes he is capable OF
receiving one. Surely this is not a
danger of such magnitude and such an
Imminent character as to Justify ex-
pellinB him from the United States sem
ate. especially since he asserts under
oath that In case he should have such
revelation, and It should command
him to break law of the United
States, he would leave the country be-
\fore violating the law"
SENATOR SHOOTS TOLERANCE.
Concerning Senator Shoots tolerance
VI tie NohtIiuSu pplybdlIlOuS relations
by certain Mormon officials, Mr.. Knox
said
THE only thing alleged against Smoot
is that he let's this sleeping dog lie If
this disqualifies him. every citizen of
Utah, Mormon and gentle, is likewise
disqualified. who likewise refrains from
prosecuting the old Mormon polygam-
ists--and they all do"
Declaring that polygamy is dying out
and that polygamous marriages have
ended in Utah. Mr.. Knox said;
Il do not see how the sanctity of the
American home is at stake In this issue.
If the Mormon Church teaches polyg-
amy and encourages it's practise, sure
ly the fact that Senator Smoot Is a
monogamist and has from his youth
up set his face and lifted his voice
1 against polygamy is conclusive evil
dence that he Is fighting by precept
and example for the sanctity OF the
! American home against his Church and
under circumstances requiring the
greatest moral courage. II, ON the
other hand. the Mormon Church is not
teaching and encouraging polygamy,
the argument that the sanctity OF the
American home Is involved here utter
ly falls. You may take either posi-
ton and 1t will lead TO Senator Shoots
complete vindication and to the cer-
tain conclusion / have indicated. that
the purity Of the American home is not
in jeopardy. You may take either horn
of the dilemma, If the Church is teach
ing polygamy, Smoot Is preaching and
practising monogamy. IL the Church
is not teaching polygamy. II is blame
less, and the whole case against smoot
fails.
we are all sworn to support the Con-
stitution of the United States. Per-
sonally, l construe this to mean that 1
have solemnly obligated myself not to
vote TO deprive any person or state OF
any right guaranteed by that instru-
ment.
Entertaining this view, and FOR the
reasons have stated. could not yield
To the opportunities and, In some cases,
the demands, that ! cast my vote for
Senator Shoots expulsion without de-
liberately violating my oath OF office;
without yielding my Judgment 10 9th
ers, as IL il alleged Senator Smoot will
yield his TO the Mormon Church; and
without converting my place here from
one OF honor TO one OF shame"
"SUFFRAGETTES" PREFER