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Show Tin: cr i:nr:rr. : Commercial Tribune. Can Heed Sraoot be ousted from the Senate because of belief or Intent? The testimony of Treeldent Smith painly shows that. Interiorly, the Mormon put hla church above the civil law and that he still believes in the righteousness of polygamy, prohibited though It Is by the Constitution of -Utah and by the enabling en-abling act of Congress under which Utah became a State of the Union. But President Smith further testifies that polygamy Is not now practiced and ha not been practiced In Utah for years, notwithstanding the Mormon believes la it and regards adverse organic and statutory legislation affecting It ao tyrannical ty-rannical and abhorrent. 8 moot denies that he is pi u rally married. mar-ried. Can he, therefore, be ousted from the Senate because of a belief which he does not put In practice? The question of intent determines the criminality of an action, but it must' be an Intent embodied em-bodied in, an action and not merely kept In the innermost recesses of the human mind. The criminally Inclined can not be punished for merely intending to burglarize a bank or fire a barn, and can a Senator be ousted because be merely believes In the righteousness of polygamy, notwithstanding the Constitution Consti-tution of his State and the acts of Congress Con-gress have declared polygamy, to be punishable as a felony? Undoubtedly that wUl be the defense made and relied upon by Smoot. Whichever Which-ever way It may be decided the question Is of deep hiterest. If decided adversely to 8 moot It would disqualify each and every adherent of the Mormon church from holding any office of trust or profit under the Constitution of the United States, notwithstanding it might be shown that one marriage had always been enough for him, and that he had never perpetrated polygamy. TO SUPPRESS POLYGAMY. Philadelphia Press: National policy and national law propose to suppress polygamy. polyga-my. If it can be dona In no other way, a constitutional amendment will undoubtedly undoubted-ly pass. The investigation thus far by the Senate committee has not yet proved Mr. Reed Smoot's personal complicity with polygamy or a conspiracy to nullify the Federal statutes against plural marriage, but the inquiry steadily draws near this proof. The president of the Mormon church still practices polycamy. Neither he nor the Mormon public disapproves this. They glory in it The absolute prohibition pro-hibition of polygamy which It was supposed sup-posed would be secured when Utah was admitted has been evaded. Plural marriages, mar-riages, it Is asserted by President Smith, are no longer practiced. If this Is true, the vile practice will In time disappear. But President Smith's testimony also shows that while plural marriages may or may not be practiced, the entire influence and authority of the priesthood are exerted ex-erted in their favor, and that an "apostle" surrenders his will on certain matters to a majority vote of his colleagues, and in particular those which relate tp Mormon practice. The Intent by the organisation of the Mormon hierarchy to form an oathbound conspiracy which could be used to nullify Federal statutes on polygamy Is clear. Whether this Intent is actually carried out, and whether it includes Mr. Reed Smoot. is not yet established. This waits on evidence, as does the issue whether plural marriages actually occur; but enough evidence exists already to justify the investigation, to put Mr. Reed Smoot on his defense and leave It an open question, with the weight of testimony against hhn. whether he is qualified to be s Senator. A BROADEK SWEEP. 'New York Herald: It will be observed that moet of the testimony elicited thus far has little direct bearing upon Mr. Smoot. and that the Investigation assumes as-sumes a much broader sweep. These significant sig-nificant facts, however, have been brought out during Mr. Smith's examination that Mr. Smoot has been in close social relations rela-tions with him, as well as administrative relations, the accused Senator being one of "the twelve apostles;" that neither Smoot nor any other "apostle" ever made any objection to the polygamous life of the witness In violation of the law: and that Smoot had to ret the consent of Smith and of his associate "apostles" before be-fore he could go before the Legislature to be chosen as united States Senator. It is to these points the alleged interference of the Mormon church in politics and whether a Mormon Senator or Representative Represen-tative is a free agent that the committee's commit-tee's attention will be most keenly directed. di-rected. As the Constitution makes each house of Congress judge of the qualifications qualifica-tions of its own members, the power of expulsion is unquestioned; but whether Mr. Smoot shall stay or go is of comparatively compara-tively little Importance in comparison with the broader and more vital questions brought up by this Investigation. QUESTION" OF INTENT. Cincinnati Commercial Tribune: Smoot denies that he is plurally married. Can he, therefore, be ousted from the Senate because of a belief which he does not put in practice? The question of Intent determines de-termines the criminality of an action, but it must be an intent embodied in an action, ac-tion, and not merely kept in the innermost inner-most recesses of the human mind. The criminally Inclined cannot be punished for merely Intending to burglarise a bank or Are a barn, and can a Senator be ousted oust-ed because he merely believes in the righteousness of polygamy, notwithstanding notwithstand-ing the Constitution of his State and the acts of Congress have declared polygamy to be punishable as a felony? Undoubtedly Undoubt-edly that will be the defense made and relied upon by Smoot. Whichever way it may be decided the question is of deep Interest. In-terest. If decided adversely to Smoot it would disqualify each and every adherent Of the Mormon church from holding any office of trust or profit under the Constitution Consti-tution of the United States, notwlthstand- ' ing it might be shown that one marriage bad always been enough for him, and that he had never perpetrated polygamy. A STRANGE SCENE. Philadelphia North American: A strange scene for the twentieth century is that presented before the Senate committee com-mittee which is weighing the right of Reed Smoot to a seat in the chamber. The patriarch of the Mormon church, a graybeard, calmly declares that for fourteen four-teen years he has deliberately broken the laws of his State, and justifies himself on grounds of duty. It cannot be denied that there Is something attractive In his courage. cour-age. Confessing himself a lawbreaker, he declares Ills reaiiness to suffer the penalties penal-ties provided, ami sturdily maintains that in his deflnm-e he has fulfilled a higher obligation than obedifnee to the statutes. But in spite of all this, in spite of his manly devotion to what he deems his duty, the conditions'. he exposes are repulsive re-pulsive to the normal mind. No heroic defiance de-fiance can make him otherwise than grotesque, gro-tesque, or the system he defends otherwise other-wise than abhorrent. But the disclosures are important chiefly as bearing upon the case at trial the eligibility of Reed Smoot, who was duly elected, to a seat in the United States Senate. Against this man, it must be understood, no accusation accusa-tion of unworthy conduct has been sustained. sus-tained. The somewhat violent aspersions of women's organisations do not alter the facts that he has never practiced polygamy, polyga-my, asd In public and private life has been a citizen of exemplary character. The charge, therefore. Is not that he Is personally unfit to hold the office of Senator, Sen-ator, but that the system which he represents, repre-sents, condones and defends is so radically radi-cally opposed to the law and public policy m that his participation in the making of laws would be an sbsurdity snd a dangerous dan-gerous precedent. Mr. Smoot. while himself him-self innocent of personal Infractions, stands for these illegal and subversive principles, and virtually asks admission to the United States as a member of a law-defying body. ON A KEEN SCENT. . St Paul Globe: The 8enafi ha gone far afield from the case of Senator Smoot. It has almost forgotten him in following the keen scent of the old. primitive trail, i It has even lost temporarily its horror of polygamy and its place as protector of the family under the spur of that compelling ' instinct that has Inspired the heretic hunt-1 hunt-1 er, the public persecutor In all ages sines men began to five together and be subject to some form of common law. Obviously the only question presently paramount with the Senators in charge of this inquiry in-quiry is whether a devout Mormon regards re-gards the law of the land or the mandate of his chsrch as possessing the higher sanction, and wtuch of the two hs would obey if they were to Impel him in contrary con-trary dlrecttoss. This question, perhaps the sternest that can be set before any human soul, does not attaok to Mormon-tarn Mormon-tarn in any secular way. It ass really no inherent connection wtth that or any other form of church government, policy or doctrine It has been ssked by those in authority ever since authority erected itself upon an austere but savage individualism. indi-vidualism. Life cannot escape It, because it sets over against each other the two highest choices and asks the trembling being, be-ing, hovering between two eternities, with his soul's future In ths balance, to make hir election. It is the question that the cavalier asked the Puritan, and that the Puritan tossed back to him on the point of bis pike; it is the question that temporal tempo-ral snd spiritual authorities flung In each others' face for ten centuries; It is the question of the Roman empire to the trembling Christian; nay, it is the cms of every dim. religious instinct since first the ideal of s God trembled Into shadowy being in the soul of man. PLURAL MARK-TAPE ISSUE. Chicago Tribune: Ths case of Senator Smoot has become extremely interesting. The proceedings of the committee which Is Investigating him are read with more attention than all the other Washington news This is peculiarly true of the women, wo-men, who ordinarily care nothing about the right of a Senator to his seat. They have an intense hatred of polygamy, and do not believe the plural wives of Utah are telling the truth when they say they are happy. American women and many men have made up their minds after reading read-ing the testimony of the bead of the Mormon Mor-mon church that Senator Smoot. who is an apostle in that church, ought not to be allowed to remain in Congress. On the whole it is wiser to suspend judgment for a time. Additional evidence will probably show whether Smoot baa set his faoe against polygamy in his church. If he has done that he should be welcomed by the sentiment of the country as a most effective recruit against polygamy. On the other hand. later evidence may show that, although Smoot himself is the husband hus-band of but one wife, he has directly or Indirectly approved of plural marriages among his friends and followera In that case he should unquestionably be expelled from the Senate. AS TO REVELATIONS. San Francisco Call: Again the church has a Smith at its head,. and he discourses interestingly and under oath about revelation, revela-tion, lie says that a revelation may be followed or not. as one is inclined. It is evident that the revelation business is a fast and loose affair. The revelation enjoining en-joining plural marriage was obeyed in a spirit of resignation and alacrity. But the later revelation in 1890, canceling It, when the divine source of revelation got wind of the Tucker-Edmunds law, has not been accepted with general pleasure. The Gentile Gen-tile world will be surprised that the Mormon Mor-mon president looks upon revelation so lightly. But all must concede the convenience con-venience of the system. If a prophet get a distasteful revelation, he waits till the ticker grinds nut another more agreeable to him. anu then becomes obedient. We are of ths opinion that the enlightenment that will . follow these disclosures will weaken the Mormon hierarchy. It will not destroy the church, but will take out of its practice the mysteries and secret ways, snd conform it more to human reason rea-son and common sense. IMPORTANT PRECEDENT. Butte Miner: The importance of this matter goes far beyond the personal Interest In-terest that Mr. Smoot may hare in hold- -Ing his seat; far beyond even the interest inter-est of the church in which he Is a high ecclesiastical dignitary: It reaches Into and beyond the vital principle behind the cltlsenshlp of every man; and the outcome out-come of the investigation will either demonstrate the right of a man to think as he pleases, so long as his acts conform to the law, or It will establish a precedent under which the religious sentiments of the msjority may in time bar the minority minori-ty from representation In the halls of Congress. If Mr. Smoot can be ejected from his seat because he believes In the sanctity of a practice prohibited by law when he has obeyed the law then It foU lows that the same rule may be hereafter applied to any line of religious thought t which the majority of the people object. THE RESPONSIBILITY. Denver News: If harm comes to the great commonwealth which lies to the westward of Colorado from Its choice of Mr. Smoot as one of Its representatives in the Senate the responsibility will rest upon men like President Smith of the Mormon church and seven out of twelve of ths apostles, who persist In ths sctlvs practice prac-tice of polygamy despite the solemn pledge of the State and the church snd the law of the State, which forbids men to live wtth plural wives, even though such wives were n-srrled to them prior to the manifesto of 1!90. The revelation in the case unquestionably have aroused everywhere : a feeling of disgust for Smith and those other leaders In the Mormon church who adhere to a practice which Is revolting In the eyes of civilised society. If Utah wants . ts escape injury to Its business Interests from the uncovering of such a scandal, let it enforce its law against cohabitation with plural wlvea President Smith and other church leaders who are breaking ths law ought to be proceeded against A QUESTION OF LAW. Leadvllle Herald-Democrat: But even if Reed Smoot, Senator-elect, believes in these things, his right to hold of nee cannot can-not be questioned so long as he does not violate the law. A great many people hold strange beliefs on many subjects, which if carried Into practice would upset the social order and violate the laws. Benjamin Andrews, a college professor, advocates the removal of the lnourablr sick and weakly Infants. If he were to carry out his belief he would probably be hanged as a murdered. But no one questions ques-tions the professor's right to hold to this belief, which is a doctrine quite common among many people. He might even be. elected to the United States (Senate. snd the questions would never be raised. But Jr there is a certain class of narrow bigots" who are anxious to raise the religious issue is-sue against Mr. Smoot. He Is a member of s church which believes In polygamy, therefore he should not be allowed to hold office: This is persecution, pure and aim- ' pie. It contravenes the guaranteed right of the Individual. It is an attempt to bring his religion into contempt and ridicule. ridi-cule. He cannot be brought before any -court, judicial or legislative, to answer for his opinions In matters of religious belief, so long ss he personally has not violated the law. The present attempt to keep htm out of the seat to which he Was legally elected savors of an intolerance widely at variance with the spirit of our institutions. SNAPSHOTS. . -; ' i New Tork Mail and Express: Though polygamous marriages may not now be made openly, they are still contracted through "seallngs'' in the temples The Mormons evade the law as to new unions, and openly defy it as to the old. This t Mr do because thev have Intrenched, under the privileges of s State of the Union, a hieratio government which has no loyaltr whatever to the Union. The "holy-covenants" are too much for the lass of. the land. . - ' . www " New Tork MaU snd Express: Joseph F. Smith seems to have been elected a bus- band by a plurality of .five. Washington Poet: Senator Smoot is not a polygamist, snd deserves special credit for having refused to follow ths example of some of his old associates. Newark, N. J.. News: In the meantime, what has long been suspected has been made very plain. Open infraction of ths law ss to polygamous marriage Is practiced prac-ticed snd audaciously Justified In Utah by leaders of public opinion; and this defiance is Ignored by the authorities on whom Is placed the responsibility of enforcing the law. This Is a pretty serious condition of affairs. - Boston Globe: Does Chief Apeetls Smith write a letter home from Washington Washing-ton each night to each of his five wires, or does he dictate one letter and tell his . typewriter to manifold It? 4 Anaconda Standard: Speaking of Smith's testimony, the ex-Hon. Brigham H. Rob- . erts said In s sermon st Salt Lake yesterday yester-day that he saw "ths finger of God taking this means of putting ths truths of Mor-monism Mor-monism before the whole world." Amen! God moves in a mysterious war, his wonders won-ders to perform, and the' whole world is dead onto the truth at last. |