The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-12-30
POLYGAMY NOT A BAR.
Constitutional Lawyers Say Roberts
MAY Take His Scat I'm Congress.

May Take His Seat I'm Congress.
NEW YORK, Dec GA dispatch to the
Herald from Washington says Repre-
sentatMe-elect Roberts, the Mormon con-
gresham from Utah, will probably be con-
fronted OH his arrival in Washington to take
his seat in the Fifty-sxth Congress by
proposition of expulsion because of his al
legged polygamous practices. Some of the
ablest constitutional lawyers in the House,
who have studied this now celebrated case,
declare that there is nothing in the Const-
tuition 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 a close student of con-
stitutional 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, and l have examined the Con-
stitution relating to such matters, and have
no hesitation in saying that he cannot be
prevented from appearing before the bar of
the House and taking his seat when the
Fifty-sixth Congress assemblies. While 1 am
defend polygamy in any manner, shape or
form 1 view the subject from a purely ju-
dicial standpoint.
According to the Constitution of the
United States, Mr.. Fleming continued, the
Governor of every State sends to the clerk
of the House of Representatives the names
of the men elected to mmbership. The names
are then entered upon the rolls of the House.
ana person so named becomes by law
member of the House, and he cannot be pre-
vented from taking his seat. Subsequently
his right to continue occupying the seat may
be contested, or after he has taken his seat
and participated by his presence in the de-
liberations 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 directors to MIR. Roberts seemed to.
have recognized this latter constitutional
provision, but have based their opposition to
him solely upon the fact that he is a Nor
mon, and they declare he should not be adj
mitted to Congress.
:" If 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
that the charge that he is a Mormon will
interfere to any marked degree with his po-
litical work or demoralize the average rep
resentatiVe in Congress. If a man has mar
rted three women with the consent Of his
church and In accordance with the laws of
his State would it be just and proper for
women-or of all of them-because a number
of people object to him for that reason as a
representative in Congress? For one, / say
assuredly not. If he did so he would be a
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
on the mere ground that he is a polygamist
and has been living with three or more wives
in Utah: Mr.. Lewis is firmly convinced that
when Mr.. Roberts appears at the first ses-
sion of the next Congress he must be al
lowed to take the cath 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.. Roberts was disqualified from election
Just as a contest might be raised on the
ground that r an a 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