The Case of Senator Smoot
Concerning the case of Senator Smoot, of Utah, Senator Hoar has made a point that can hardly fail of recognition, to say nothing of the merits or demerits of the Smoot case. Mr. Hoar makes the point that the question of Smoot's eligibility is before the Senate as a judicial body, and, therefore, popular petitions for his removal are as much out of place as they would be if presented in a case before the Supreme Court. There is more to this point than many people are willing to admit. They seem to forget that Smoot is already a member of the Senate, having been sworn in at the special session last spring. It matters not that consideration of charges that he is a polygamist was specially waived, he is now a member of the Senate. Therefore any charges against him, designed to unseat him, must be in the nature of an impeachment. In an impeachment case the Senate sits as a court of justice, and must be governed by evidence introduced in a regular way, and not by popular petition. In an ordinary court of justice one who would try by simple petition to influence the decision of the court in any given case would be liable to punishment. There is no doubt that Smoot gained a decided advantage when he was formally admitted to the Senate, whatever his character may be. If the Senate did not purpose to retain him in his seat, it would have been proper and better to have deferred his admission until such time as the question of his eligibility could have been fully considered.