The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-04-21
NOT 4 .PRECEDENT.''

qualifications as wen as the election of
its members. This is construed by
some papers to include the power to
expel members after they are seated.
And they want to know why Breckin-
ridge, of Kentucky, is allowed TO retain
his seat One argues that If man
guilty of larceny or of burglary in
New York or in Texas were to be
elected to Congress, Congress would
very properly decline to permit him to
be seated
The Herald does not regard a man
who has taken the course which Col
onel Breckenridge admits he has pur-
sued, as a proper person to make laws
for the people of the United States
But there are some points relating to
the action or non-action of Congress
that are referred to as bearing upon
his case in Congress, that are not at
all applicable
AS to the provision concerning the
qualifications of members; That relates
chiefly to those statutory qualifications
which are required by congressional
and state laws, and they do not cover
the case of Mr. Breckenridge. It is
probable that if a member was elected
from any state and he held the stat
utory qualifications, but had been duly
tried and convicted of penal offense,
he would not on proper showing be
permitted TO take his seat. Also if he
had been convicted afterwards, it is
likely that his case would be considered
in the House and he might be expelled.
But that is different from the Breclzin-
ridge matter.
The member was a defendant in a
breach of promise suit which went
against him and he has demanded a
new trial He has not been Tried and
convicted of crime No matter how
guilty he may actually be, he has not
been charged in a criminal court with
a criminal offense. Neither is there a
law of Congress against the conduct
he has admitted. His offense was in
and against the State of Kentucky. If
he violated the law in the District of
Columbia it has not been made SO 10
appear, judicially. And there has been
a judicial ruling adverse to the appli-
cation of the Edmunds Act outside of
the territories The District of Column
bia is not a territory.
It has not been customary for the
House Of Representatives to enquire
into the private lives and moral con
duct of its members. That may be a
very prudent omission An offense
against the rules of the House commit
ted on the floor of the House is another
thing entirely We have not seen any
argument in favor of the expulsion OF
Brechnrdge which reaches his case.
1t would take a two-thirds vote of
the House to expel member. He
would have to be charged with some
offense against the rules of the House
or the laws Of the United States, and
; be proved guilty or adjudged so on
his own admission, or he could not be
lawfully expelled. We do not
think the House of Representatives
is making any precedent by its non
action in this case. The member men
toned is not formally accused by any
r body who has the right to accuse him
: before that body. There is no reason
for action until a charge is properly
= preferred.
The statement over the wires that
there is no cause of action against
r Breckenridge. is not an expression OF
: the House of Representatives on a
1 motion or by vote, but simply ar
/ announcement of what is said TO be the
E general opinion. 1t is probably correct
e And though public sentiment would
doubtless be in favor of his expul.
sion, public sentiment cannot formulate
= rule or law Of Congress, or provide
/ the means and the way by which he
5 can be expelled without trial.
If the congressional district from
which Mr.. Breckenridge halls shall re-
turn him to Congress, it will be sac
comment on Kentucky morals. And OF
objection before his taking his seat, the
House might take some action in hi:
: lease, but tven that is doubtful under
the present rules, and in the absence
l of congressional law touching the of
, tense for which he has been popularity
condemned ON his own admissions il
J a civil suit
ea@1+11H1Esal1s-ln11zz-sHEE-@