The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-30

New York, Dec. "a dispatch to
the Herald from Washington says:
Representative-elect Roberts. the Nor
mon congressman from Utah. will
probably be confronted upon his ar
rival in Washington to take his seat in
the Fifty-sixth congress by a PROPOSE
ton of expulsion, because of his alleged
polygamous practices. Some of the
ablest constitutional lawyers in the
house, who have studied this now cele-
brated 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 Il
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 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.
L have looked into the case of Mr.
Roberts with great care. ana l have
examined the constitution regarding
such matters, and L have no hesitation
in saying that he cannot be prevented
house and taking his seat. when the
Eifty-Sixth congress assemblies. While
am not uDholding MormOnism. nor
attempting to defend poiygamy in any
manner, i view the subject from a
purely judicial standpoint.
According 10 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. The names
are then entered upon the rolls of the
house, and person so named becomes
by law Il member of the house and he
cannot be prevented from taking his
seat. Subsequently, his right to con-
tinue occupying the seat might be con-
tested, 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
heard on the subject. none of the OBJ
jectors seemed to have recognized this
latter constitutional provision, but have
based their opposition to him solely on
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, "and the constitution
of his state stands for that religion, the
people of that state have a right to
select him as their representative in
congress. l do not believe the charge
that he is a Mormon viii interfere to
any marked degree with his political
work or deaOraliZe the average repre-
sentative in congress.
If a man has married three women.
with the consent of his church and in
accord with the laws of his state. would
it be just and proper for him to dis
continue the support of two of the
women-Or of all of them-because q
number of people object to him for
that reason as a representative in con-
gress? For one, 1 say assuredly not.
If he did so, he would be a human
brute beneath the contempt of all hon
Orable men. My judgment is that he
will retain his eeat."
Representative James Hamilton
Lewis of Washington is of the opinion
that Mr.. Roberts cannot be denied his
seat in the house of representatives on
the mere ground that ne is a DOlyga-
mist and has been living with three or
more wives in Utah. Mr.. Lewis is
firmly convinced that when Mr. Rob
eTts appears at the first session of the
next congress. he must be allowed to
take the oath as q member of the
house.
1T is possible. however" said Mr..
Lewis, that a 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 man
was a minor when elected to congress.
Mr.. Roberts might also be liable 70
prosecution under the Edmunds law if
he should live with more than one wife
in the District of Columbia