The daily morning Astorian. [volume] (Astoria, Oregon) 1883-1899, 1898-12-30
III; PoIIgamOus Practices Not
Sufficient Cause to Keep
Him Out.
Mr.. FLEMlNG'S VIEW OF IT
Says a Two-Thlrds Vote Is the Only
Thing Which Could Prevent HIN
From Holding HIS Seat.

Now YORK. Dec. 2D.-A dispatch 10
tba Herald from Washington says
Representative. Elect Roberts tho Nor.
mon congressman from Utah. will prob.
ably bo confronted upon hiH arrival IN
Washington 10 take hiB scat IN the bgth
congress by n proposition OF expulsion
bccaiIso ~ his alleged poligamouA prac.
ticns,
H0mo 0f tho ablent constitutional law
yerH In the house who have studied this
nov celebrated casa declare that there
II nothing In tho constitution Of the
United atatea to prevent Mr., Roberts
from taking his prat. but they add that
tho house by two-lhirda vote may eI.
pei him on lhs grounds that he II living
In violation d tho general laws which
govern thu United States.
Representative F1emhg. of Doorgia.
who IN a c0aa student OF constitutional
law. and who Ia familiar With tho Utah
case said that In his opinion Mr. Roberts
had 40 much rigfr 10 take his scat IN
tho ns1l congress AZ Speaker Reed. ~
have looked into tho oahs OF SIR. Roberts
with grySat care, and have examined tho
constitution regarding such matters, and
have no hesitation IN saying that he
cannot bo prevented from appearing b.
fore the bar Of thu house and taking his
scat when tho 9th congress ASSEMBLIES
While am not upholding Mormoninm.
nor attempting 10 defend polygamy In
any manner. I Wow tho subject from a
utirriy judicial standpoint
According 20 tho constitution N the
United States. tho governor of every state
sends 20 the clerk OF tho house OF rep
res-niailycs tho names of tho men who
aru elected 10 mombcrship. Tho names
then ara entered upon tho roll u Tho
houHr. and person 90 named becomes
by law a :nomber OF tho mouse. and he
cannot ba prevented from taking hiH
scat. subsequently,. hia right to continue
occupying tho sea, might bo contested
or after no has taken hln seat and par
tlrlplird IN tho deliberations OF tho house
no may bo oHpcilod from congress by
two .'.da vote u tho duly qualified
members
In all tho meetings and discussions
hsnrd on Tho subject none N tho OBJ
jectors TO Sir Roberts seem 10 have rec
osniEed this later constitutional pro.
vision. but have based their opposition
20 him solely on the fac, that he n a
Mormon and. therefore. they declare be
should not ba admitted 10 congress
"if Moruoninm In his religion" added
Mr Fleming. "and the constitution Of his
state Stands Tor that religion. tho people
of that state have q right 60 select him
~ their representative In congress,
~ not brlova tho charge that he IL a
Mormon will interfere 10 a marked de-
gree In hla political work. or dcmor-
allIo tho average representative Of Il
In congress.
"if man has married three women
with tho conscts Of tho church and In ao-
roriapco with tho laws of his state.
would II be Just and proper for him TO
discontinue TIM support OF two OF 'hc
Wumen-or Of all ~ them-becaunc n
number OF pcopie object 10 him for mat |
reason AH q representative In congreHsi |
For ono | say aHsurcdly not II he did |
W he would 10 human brute beneath |
Inc conicmH Of all honorable mcn, My |
Judgment IL that he will retain his seat"
Rrpr, sentative James Hamilton Lcwis.
u Washington II of tho opinion that Mr..
Roberts cannot bc denied his sea, In the
,ouSo VI representatives on the mere
ground tina, hc IL a polygamiSt and has
,c,n living with thrce or more wives In
.anh. Mr. Lewis IL firmly convinced that
when MIR Roberts appears OF the firT't HcS-
lion OF tho next congress. he must be
allowed to take the oath as a member
II tho house
"it In possible however" said Mr.
.owis. "tha, contest might be inS,l-
uted on tho ground that by living In
,olygamy MIR. Roberts waS disqualified
'run election. Just rs a con,es, mlgh, bo
'alsed on sho ground that man was a
minor when elected to congress,
MIR. Roberts might also be liable To
prosecution under tho Edmundson law u
,o should live with more than one W1tc
N tho District OF Columbla."