The herald., 1898-12-30
Mr.. ROBERTS RIGHTS
INCLUDE THAT TO A SEAT IN
THE HOUSE
RoLYGAMY WON'T PREVENT IT
But May Afford Reason for Summary
Expulsion After the Member
Has Been Seated
Associated Press Special Wire.

Associated Press Special Wire.
NEW YORK, Dec. pa dispatch to the
Herald from Washington says:
Representative-elect Roberts, the Mormon
Congressman from Utah, will probably be
confronted upon his arrival in Washington
to take his seat in the Fifty-sixth Congress
by proposition of expulsion, because of his
alleged polygamous practices. Some of the
ablest constitutional lawyers in the House,
who have studied this now celebrated case,
declare there is nothing in the Constitution
of the United States to prevent Mr.. Roberts
from taking his seat, but they add that the
House, by two-thirds vote, may expel him,
on the ground that he is living in violation
OF the general laws which govern the United
States.
Representative Fleming of Georgia, who is
= close student of constitutional law and fa-
miliar with the Utah case, said that, in his
opinion, Mr.. Roberts had as much right to
take his seat in the next Congress as Speaker
Reed. Il have looked into the case of Mr..
Roberts with great care, and, I have exam
lned the Constitution relating to such mat
ters, and have no hesitation in saying that
ne cannot be prevented from appearing be-
tore the bar Of the House and taking his seat
M..Sa. VIC rllty -sfAtu SOtiSItES dcsVIuDits
While am not upholding Mormonism, nor
attempting to defend polygamy in any man
ner, viewthe subject from judicial stand
point.
According to the Constitution of the
United States, the Governor of every State
SENDS to the clerk Of the House of Represen-
Satives the names Of the men elected to mem
bership. The names are then entered upon
the rolls oi the House,an person so named
becomes by law member OF the House, and
ne cannot be prevented from taking his seat
subsequently, however, right to continuing
the seat may be contested, or, after he has
taken ms seao and participated by his pres
ence IN the deliberations OF the House, he
may be expelled from Congress by two
third vote Of the duly qualified members.
In all the meetings and discussions had
upon the subject none of the objectors to
MT Roberts seem to have recognized this
latter constitutional provision, but based
!neir opposition solely upon the fact that he
ls Mormon, and therefore they declare be
should not be admitted to Congress.
1T Mormonism is his religion" added
Mr.. Fleming, "and the Constitution of his
State stands for that religion, the people of
that State have right to select him as their
representative in Congress. / do not believe
the charge that he is Mormon will interfere
to any marked degree with his special work
or demoralize the average representative in
Congress- Ii man has married three wo-
men with the consent of his church and in
accordance with the laws of his State. would
It be Just and proper for him to discontinue
the support of two of the women-or of all
OF them-because number of people object
TO him for that reason as 81 representative
in Congress! For one | say assuredly not.
# he did so, he would be human brute
beneath the contempt of all honorable men.
My judgment is that he will retain his seat"
Representative James Hamilton Lewis of
Washington is of the opinion that Mr.. Rob
erts cannot be denied his seat in the House
OF Representatives on the mere ground thai
ne is poygamist and has been living with
three or more wives in Utah. Mr.. Lewis is
firmly convinced that when Mr.. Roberts ap-
pears at the first session of the next Con-
gress he must be allowed to take the oath
as a member of the House.
1T is possible, however" said Mr.. Lewis.
that a contest might be instituted on the
ground that by living in polygamy Mr.. Rob
erts was disqualified from election, lust as
q contest might be raised on the ground
that man was minor when elected to
Congress. Mr.. Roberts might also be liable
to prosecution under the Edmunds law if
he should live with more than one wife in
the District of Columbia"