The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-12-30

Ceaertssmskflect Roberts CsR Mt h
Kept frem Qualifying.


New York, December GA Herald dis.
patch from Washington says: Rcpresenta-
ttve,elcct Rokcrts, the Mormon congress-
man frem Utah, villa probably be confront
ed upon bis arrival In Washington TO take
his seas in the Fifty-slxth congress by q
proposition OF expulsion because Of his al
legged polysamous practices. Some OF the
abltst constitutional lawyers In the house
who have studied this now celebrated caee
declare that there is nothing In the Goa
stituticn Of the United States to prevent
AIR. Roberts from taking his seat, but they
add that the house. by a two-thirds vote.
may cNrsl him on the ground that no IL
living in violation OF the general laws
which govern tho 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 hal as lnuSa right
to take bis seat In the next congress as
Speaker Rccd.
II have looked into the ense OF MIR. llob-
ctss With great care ana have vxaminsl
the constitution relating 10 such matters,
can not be prevented IRON Appearing Ge-
fore the bar Of the house and hiding hts
seat when the FfttyS6sXth congrAss Assem-.
bes. White MN not uphOldlns Mormon
ism. nor attempting TO defend poiygamy In
any manner, shape or ioim. | view the
subject from purely judicial standpoint,
According 20 the constitution Of the
United StaNes, MIR. Fleming continued,
''the governor Of every State sends to Che
clerk OF the mouse OF representatives, tie
names OF the men cledted 10 membership.
The names are then entered upon the rolls
of the house, and n person 10 named be-
comes BY law a member OF the hogSe and
he cen not be prevented fro,9 saking Ills
scat. subsequently, his right to continue
occupying The seat iuay ba contested, or
after hc has taken his scat and partici-
pated by h.s presence Ia the deliberations
OF the house, he may be expelled from con-
gfess by n two-Shird- vote OF tile duly
qualified members.
In all the meetings aud diseusso had
upon this subject none OF the objecsois 10
Mr.. Roberts seemed 10 have recognized
this latter constitutional provision, but !
have based their opposition 10 him so,ely
upon THE fact that he is u Mormon and
tiey declare he should not be admitted to
congress.
~ Aoimnnism Is his r,iigion,' added
MIR. Fleming, "and tho constitution oi Ills
State stands fur that religion, the people
OF tina; Stale have n right TO selcct him rs
their representative IN congress. do NOT
Believe the charge THAT he Is ii Mormon viii |
Interfere 10 amy married degree with his
political work or domofalize Che average
In conersgR
IF man has ptari'd three women |
with the consent OF his church and III as-
with Che laws OF his state, would |
I, be JUS, and proper for him TO dIscon- |
inue tine support OF two of The women |
II sd OF lhen--i1acause a number OF peo- |
he object to him for tina, reason az a |
representative In congress- For one, | say |
issuredly not If ne did so he would be d |
human brute, beneath tim contempt Of all |
men. nv Judgment is that no |
VII retain his seat
Representative James Hamilton Lewis |
II Washington is OF the opinion that Mr. |
Rcberte can not be denied his seat In the
,ouse of representatives on che more
'round that he Is n polygamist and has
'ccn living with three CT more wives In
Jiih. Mr.. Lewis is firmly convinced that
When Mr.. Roberts apreant at the first sea-
ion OF the noyt congress he must he nj
owed to take The oath as member OF the
cuIse.
N is possible however said Mr.. Lew.
:. that contest might be instituted on
he ground that by living IN polyeamy MIR.
ioberts was disqualified from election just
s a contest might be raised on ina grosnd
bat man was minor when elected to
Mr.. Roberts might also be Liable
. prosecution under the Edniuntls law If
2 should livc with mere than one wife in
be District Of Columbia"