The record-union., 1898-12-30
coNGREssMAA-ELEcT ROBERTS.
May BE SEATED. BUT LATER
ON EXPELLED.
Views of House Members Concern
ing the Status of the Case of
: the Utah Po1ygamist.

NEW YORK, Dec. pa dispatch to
the Herald from Washington says:
Representative Roberts, the
Mormon Congressman from Utah, will
probably be confronted upon his ar
rival in Washington to take his seat in
the Fifty-sixth Congress by PROPOSE
tion of expulsion because of his alleged
polygamous practices Some of the
ablest constitutional lawyers of the
House, who have studied this now cele-
brated case, declare that there is moth
! ing in the Constitution of the United
States to prevent Mr.. Roberts from
taking his seat, but they add that the
House, by a two-thirds vote, may ex-
pei 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 a close student of constitutional
law and familiar 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.
| II have looked into the case of Mr..
Roberts with great care, and I have
examined the Constitution relating to
such matters" he said, "and I have nc
hesitation in saying that he cannot be
prevented from appearing before the
bar of the House and taking his seat
Ewhen the Fifty-sixth Congress assem-
| bles. While 7 am not upholding Nor
monism, nor attempting to defend
polygarny in any manner, I view the
subject from a purely judicial stand
point.
| According to the Constitution of the
! United States the Governor of every
State sends to the Clerk of the House
| of Representatives the names Of the
men elected to membership. These
names are then entered upon the rolls
OF the House, and a person so named
becomes by law a member Of the House
and he cannot be prevented from tax
| ing his seat Subsequently his right tC
| continue occupying the seat may be
| contested, or after he has taken his
seat and participated by his presence
| in the deliberations of the House, he
| may be expelled from Congress by a
| two-thirds vote of the duly qualified
members.
'In all the meetings and discussions
had upon this subject none of the OBJ
jectors to Mr. Roberts seem to have
| IGCOSI1 ILLS -1dlAGI COfSClLQltO1A1
provision. but have based their oppo-
sition to him solely upon the fact that
he is a Mormon, and therefore they
declare he should not be admitted to
Congress.
IF Mormonism is his religion" add
ed Mr.. Fleming, land the Constitution
Of his State stands for that religion,
the people of that State have right to
select him as their representative in
Congress. I do not believe the charge
that he is a Mormon wiu interfere in
any marked degree with his political
work or demoralize the average repre-
sentative in Congress.
"If a man has married three women
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
womerl-or all of them-because num-
Der of people object to him for that
reason as representative in Congress
For one, say9assuredlysnet. If he did
so he would be a human brute, be-
meath the contempt of all honorable
men. My judgment Is that he will re-
| tain his seat" 95%a2
Representative James Hamilton Lew
| is of Washington is of the opinion that
| Mr.. Roberts cannot be denied his seat
in the House Of Representative on the
mere ground that he is ID polyganist
and has BEEN living withvthgeefor more
wives in Utah. Mr.. Lewis IS firmly
convinced that when Mra Roberts ap-
| pears at the first session. of the next
| Congress he must be allowed to take
| the oath as member OF the House.
| 1T is possible, however," said Mr..
Lewis, that contest might be insti-
tuted on the ground that by living In
polygamy Mr.. Roberts was disqualified
| from election, just as a, contest might
! be raised on the ground that a man
was a minor when elected to Congress.
Mr.. Roberts might ALSO be liable to
i prosecution under the Edmunds law ii
he should live with more than one wife
| in the District of Columbia t