The tense situation in the Reed Smoot case in the first seven weeks of 1907 is thus described by B. H. Roberts, who it will be noted was a member of the eight-man committee appointed by the First Presidency (as given below) to review the speeches being made on the floor of the United States Senate as the Reed Smoot case reached a final "showdown."
"The case was called up in the senate on the 13th of December, 1906, when Senator Dubois, of Idaho, made an exhaustive speech supporting the resolution of the committee, viz: 'that Reed Smoot was not entitled to a seat as a senator of the United States from the state of Utah. And from thence to the time that the vote was taken upon the resolution-20th of February, 190"-many senators made speeches upon the subject, and Utah affairs were fully discussed through all that timeÃÂ. '
"Had the vote been taken in the senate upon this resolution in that form, a majority voting would have determined the question. But an amendment was offered by Senator Hopkins of Illinois, making the resolution read: "Two-thirds of the senators present concurring therein,' and on the resolution so amended the vote stood; yeas 28; nays 42; not voting 20. 'So the resolution was rejected, two-thirds of the senators present not voting therefore' and Mr. Smoot retained his seat."
[Source: 1907-January 4-Original letter. Reed Smoot collection, in Clark, James R., Messages of the First Presidency (6 volumes)]