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Show ARGUMENT 1 SWOT INQUIRY Mge Tayler Speaks for Protestants. i Disrespecter of Laws Should Not Be Allowed to Make Them for Others. o Only laajorlly Necessary to, Exclude From Senate Wliere Cause for Expulsion Ex-pulsion Esistcd at Election. WASHINGTON. Jan. 2C Judge Tayler, Tay-ler, In his argument of the Smoot case, reminded the committee that it had been a year since the Investigation was instituted. He stated that the question ques-tion of morals was but incidental, and that the principal question Involved was one of Rovernment and law. He took the position that a Senator who was not a respecter of the law he was charged to make could not be fitted to serve in the highest legislative branch of the Government. "If I thought the facts and history Justified it, I would not say a word against the characters of the members of the Mormon hierarchy, or Senator Smoot, or any of his acquaintances," said Judge Tayler. "I do not speak of these because they are lawless, but because be-cause they are not lawless. -If It were a mere question of lawbreaklng this case would not 'cause a ripple. Tho country is filled with lawbreakers; the Jails are filled with them. It Is because the law they obey Is higher than the law of the land. Man-Made Law. "When man-made law comes Into conflict with a higher law, Senator Smoot says he would go to another country, where the law of God and men would not conflict. I am ready to admit ad-mit the Mormons are not breaking the laws from a spirit of lawlessness. If -thjjyiv.ere . the questlor would be easy to deal with." Judge Tayler then took the question of the powers of the Senate to exclude members elected to that body and advanced ad-vanced the argument that If a Senator was Ineligible to hold ofilce he might bo excluded by a majority vote, and if, by any chance, he was sworn in and took his seat, the Senate still had the power to exclude him by a majority vote. In other words. If the cause for expulsion is something antedating his election and not discovered until the Senatoc takes his seat, then the two-thirds rule for expulsion does not apply. Judge Tayler declared that the two-thirds rule covers Instances where expulsion Is desired because of some act committed commit-ted by a Senator while serving in tho Senate. Take Issue "With Tayler. Senators Bailey, Beverldgo, Foraker, Knox and Chairman Burrows participated partici-pated In a discussion which was caused by the last statement, the first two taking tak-ing Issue with Judge Tayler, That the church, the hierarchy and Its members were placed higher than the law was Judge Taylor's chief contention con-tention why Senator Smoot should be unseated. He said that because the church received revelations, and the hierarchy being in immediate contact with God, the church was placed above the law of tho land. In closing, Judge Tayler said: "A gravo question Is yours to answer. Ttfced Smoot himself Is but a trivial Incident In-cident In the mighty problem. It Is the problem of government; tho institutional institution-al question whether law or caprice shall govern people who know no ruler but tho law. and no safe rule but respect re-spect for law. "A Senator from tho State of Utah is a Senator of the United States. He legislates for 80,000,000 people who hold as tholr most cherished possession posses-sion such a respect for law, because it is law, as Hoed Smoot, unhappily for him, has never felt or understood from the moment of his first conscious con-scious thought down to the present hour." Judge Taylor concluded hla opening argument at 4:30 p. m., and the commlttco ndjournod until tomorrow, when arguments argu-ments will bo made by counsel for tho defense |