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Lethbridge Herald Newspaper Archives

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Lethbridge Herald (Newspaper) - February 28, 1907, Lethbridge, Alberta >  nltod States senate. This was decided today by a vote of 12 to 23, ending a long contest. Kightoon senators were paired, making the actual standing on the resolution 51 for and 87 against. Senator 8moot did not vote and Senator Wottnor? wak absent and not paired. r i Washington, Feb. 11-Senator Knox today addressed the senate in oppow,. tlon to the resolution reported from the committee on privileges and elections, "That Hood Smoot is not en* titled to a seat us a senator of the United States from rtnh." He was accordod the closest attention I Mica u so of his discussion of the legal questions involved on the point of expulsion, which would require two-thirds of the senate, or exclusion, requiring only a majority ol the votes, lie contended thut nothing less than two-thirds of the entire membership of the senate could unseat the Utah senator. Mr. Knox said: He should not be expelled for be* Moving in the Mormon religion. Tho irrevocable ordinance expressly, and with Mormons in view, guaranteed religious toleration in the state of Utah, lie should not be expelled for being a member or officer of the Mormon Church for tho same reason. He should not be expelled for the vindication of . Utuh's law, violated by certain Mormons continuing polygamous relations with Senator Smoot's consent or approval, sup -posing he did consent or approve; for tL'tah, without being ignorant of the facts, elected him, and the senate would not be Justified in going out of its way to enforce respect for tho formerly expressed will,of Utah em* bodied in its taw against poly gam -oua relations by defeating its later expressed wish in its olecting Smoot.' After arguing that there is no federal law against polygamy or polygamous co-habitation applicable in Utah, now that Utah is a state, and that when she was admitted to the Union of states Jt was known that there would and could be none, Mr. Knox asked and answored his point-ed question. He said: "Bocause, first, it is claimed ho is vicked in this, that some of .his friend* having co-hablted with sov -eral women bo/oro Utah became a state, are continuing to do so until death and that he approve* of them a officer* of tho church which does not chastise tnem for so doing; and, second, because he Is a Mormon, and Us Morjuou church la "a hierarchy disloyal to our country, whoso will he is bound to obey/* Mr. Knox said that he had intentionally referred to the proposed action aguinat Senator Smoot as ex-I pulsion as he did not think the sen-j tito would seriously consider there was any question of Senator Smoot possessing the qualifications pr esc rib ed by the constitution end therefore he could not Ire deprived of his sent by a majority vote. Ho declared tho t { it Is not in the power of the senate to say to the states, "These are not enough, we require other qualiflca -tlons, or to say that we cannot trust the Judgment of the state in tho selection of senators, and we therefore insist upon the right to disapprove thorn for any reason.*' Subject to the limitations imposed by the constitution, said Mr. Knox, tho states are left untrammcled in their right to choose their senators. Ho recited tho fact the constitution itself our country involved in the conten-tlon that a senator of the United States may be deprived of his sent whenever the majority of the senate ccncludes that there are doctrines 'taught, or have been taught in the past, by some church organisation to which he belongs, which that majority believes to be, or have been, dangerous. "It is an easy step after the first one is tuken, because of a man's religion,to take the next and logical one of exclusion because of a man's politics, end then because of his notions upun economic questions and then because of his attitude toward certain legislation, "1 know of no defect in the plain rule of the constitution for which I am contending. I know of no case it does not reach. "1 cannot hoo that any danger to the senate lies in the fuel that nn improper character cannot be expelled without a two-thirds \Qte. It requires the unanimous vote of a jury to convict a man accused of crime it should require, and I believe, that it does require a two-thirds vote to eject a senator from his position of honor and power to which ho has been elected by a sovereign state" Mr. Knox said that il he were asked to state concisely the true theory of the constitution on the important point of the qualification of a sen -ator, he would unhesitatingly say: That the constitution undertakes to prescribe no moral or mental qual Ification and in roNpect to such qualification* us it does prescribe, tho senate by a majority vote shalljudge of tholr existence In each case, whether the question. Is raised before or after the senator has taken his scat. That as to all matters affecting a man's moral or mental fitness, tho states are to be the Judges in the first instance, subject, however, j to tho powor of the senate to reverse their judgment by a two-thirds vote enable* tho senate to protect against improjwr characters by ex-pulfing them by a two-thirds vote 't they are guilty of crime, oflonsUn immorality, disloyalty, or gross ii>i-| propriety during their term of sor-I vice. ile specified these reasons he said, because he could not imagine the senate expelling a member for n cause not falling within one of them. Calling attention to the fact that Pennsylvania was the first to take steps to approve tho constitution he prayod that sho "will bo the last to acquiesce in the Invasion of rights involved in this heresy of senatorial t power to add to the constitutional qualifications of senators and kindred modern heresies of local construction. Continuing he said: "The perfection of human liberty undor low wilt only bo attained un . der tho American constitution when its dual sovereignties within its sphere exerts its powers to the utmost limits for the public welfare, when the states are artificial bodies they have crotftcd, cease to deny and!01 �*PU�w�. �non �� �r �� resist the rightful and full exercise of l�fl�i�iv* status stands in the period .the national power* aver national'af-Iof *?nato'itU "'vice, and such a fairs; when there are no attempts to can only be made after tho encroach upon the undeniable reserv ,""��*�- "~ taken hi* �eat. od powers of the states for the ag f granditdnent of natipnal power,when (co.n.uc the people discriminate between wise meet the imper atlve needs of modern conditions and demagogic assaults upon the foundations of tho republic for political or personal purposes; when the people shall not bo vexed by unnecessary about their daily affairs and normal conditions are undisturb- gitations-agitations fomented by ignorant and insincere man, misrepresenting the Just eon -stitutional policies of the time vhlch had a due beginning, have a reason for their existence and shall have a due ending when their work is ac -complishcd. xdly proper," Mr. Knox "to adopt a rule of constitutional construction and senatorial action based upon the theory that tho states may send criminals or idiots to tho senate, ttesidos ft does not seem to me to bo conceding much to a stato after it has deliberately and solemnly elected a senator after ' the fullest consideration of his merits to concede on tho first blush of the business, the state's intolligent and honorable conduct by allowing its chosen representative admission to tho body to^ which ho is accredited. "As regards Senator Smoot, all havo agreed that ho is a man of unblemished character, possessing every matter at once. It is only this-he is a member and officer of the Mormon church-nothing more. There is no other charge brought against hltu AH other charges arc included in or grew out of the fact that he in u Mormon, and one of the advisory council to tho presidency of that church. Clearly, that in Itself cannot disqualify him, whereas Justice Story said: "The Catholic and the Protestant, the Calvanist and the Armenian, the Jew and tho Infidel, may Hit down at the common tablo of the national council without any inquisition Into their fuith and mode of vorship." Discussing the doctrines of the Mormon church and the record of Mormons who have held public ofilce since the admission of I'tan to the (I'nion. Mr. Knox quoted Mr. Smoot's testimony, that the law of the laud ib binding if it comes in confiictuith tho church. In tho same testimony, Mr. Smoot said ho t�elievea that revelations were received from God, and summing up his statement, Mr. Km>x said: j "In this country of ours, rellglouv belief is not an offense. A man may believe what he chooses without four of motostation from the law or deprivation of his civil rights. On the other hand, his religious belief will not avuil him us u protection if ho violates the law. "Senator Smoot merely says that he believes It is possible thut he might receive revelations, that is alt. It is a matter of fact ho has never received one', and so testified. Ile merely asserts that he believes ho Is capable of receiving one. Surely this is not a danger of such magnitude and such an imminent character as to Justify expelling him from the senate, and especially under outb that in case he should have such a revelation and it should command him to break a law of the Vnit?d States, he would leave the country before violating the law." Concerning Senator Smoot's tolerance of the continued polygamous relations by certain Mormon officials Mr. Knox said: "The only thing alleged against Smoot is that he allows this sleeping dog lie. If this disqualifies him, every citizen of Utah, Mormon and Gentile, is likewise disqualified, who likewise refrains from prosecuting the old Mormon pulygamlsts-and they all do." Declaring that polygamy is dying out and that polygamous marriages have ended in t'tah, Mr. Knox said: "I do not see how the sanctity of tho American home is at stake inthls Issue. If the Mormon church teaches polygamy and encourages its practice, surely the fact that Senator Smoot is a inonagamiKt and hasfrom his youth set his face and lifted his I -I ICE SELECTED LAN IN THE DISTRICT We Have Exclusive Sale of the Choicest Lands Tit Towuahip 9. Range 18 ; Township 8, Range 17, and a large selection of the best lands in adjucent districts. We contemplate opening several local branch offices in Southern Albeita early the coming season, but at present all our business will be conducted from our General Offices at Dulutb, Minn. The RU8H THIS SPRING will bo the greatest known in the history of Cans dm West, anil we advise intending purchasers U> COME NOW and make your selections BEFORE SOMEONE ELSE GETS YOUR. OPPORTUNITY M. RNOWLES 9 General Agent Duluth, Minnesota. fffff tyWVWWWW WWW w'w-^'w w w w w w www W WW \ Iron Castings and Machine Work Structural Steel Columns, Sashweights MILL AND MINE SUPPLIES TRACTION ENGINE REPAIRS Pipe Bar Iroa Babbit Metal Miner*' Teats L-EIR R PAIRS OF ALL KINDS COMPETENT BOILERMAKER SENT OUT WHEN REQUIRED conHtitutionaJ quiinhcntlon, "for a jvolco ftgiilust polygamy i� conclufilvo i.MK, n,w nron*. BenAtor of tho Unitort StnteB. What, evident that he is fighting by pi*. gtwia of constitution! construction |_ ^ ^ ^ ^ ^ ^ hftBM aaain*t h!r*hureh RgainM hischuich and clrcumsiancua requiring tho greatest mora) courage. If, on the other hand, the Mormon church In not teaching and encouraging polygamy, the argument that tho, sanctity of tho American home is involved hero utterly fails. You may take j either position and it will loud to I Hiwutor Smoot's complete vindica -tlon and to the certain conclusion I have Indicated, that the purity of the I (Continued on page 8.) FOR SALE. $15 Reward Tenders will l* received up to th* 3 *rt of March /or thd purchase ami removal of the lean-to,, which formed the old I/Ujuor store an I warehouse at rear of Liquor stoiv, lw* longing to the Huddou's Hay Vo. and situated on BmlUi Street. There* is a tot of valuable dry lumber in I this building. Apply M�u*gsr, Un*** Bay 0#). h- Will imid to aojroo* relttriiiDf ojio Imy horse, om. bronn 'mwM$i. mui one Ku-y mar*, branded tt oft thigh, to, r . \ S if* Jomvptj MiteUoU, LeiUbridge, ij - * , * 1 4 1 *;f ;