The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-12-29
CAN'T KEEP ROBERTS OUT.
Though the House May Vote Him Out
After He is In.


After He is In.
New York. Dec ga dispatch to the
Herald from Washington says:
Representatfve-ele elect Roberts, the
Mormon congressman from Utah. VIII
probably be confronted upon his ar
rival in Washington to take his seat
in the Fifty-sixth congress by pro-
position Of expulsion because OF MS al
legged poIygamOus practices. Some OF
the ablest constitutional lawyers in the
house who have studied this now cele-
brated case declare that there is nOth-
ing in the constitution OF the Unlleo
states to prevent Mr.. Roberts from tax
ing his seat, but they add that the
house by a twO-thirds vote may eXpe!
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.. Rob
erts with great care, and 1 have ex-
amined the constitution relating to such
matters, and 1 have no hesitation in
saying that he can not be prevented
from appearing before the bar OF the
house and taking his seat when the
Fifty-sixth congress assemblies While
I am not uphOlding MOrmOnism or at
tempting to defend polygamy in any
manner,I view the subject from pure
" judicial standpoint
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 The names
are then entered upon the rolls of the
house, and a person so named becomes
by law q member of the house and he
cannot be prevented from taking his
seat. Subsequently his right to con-
tinue occupying the seat may 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
had upon this subject none of the OBJ
jectors to Mr.. Roberts seem to have
recognized this latter constitutional
provision. but have based their OppOsi-
ton to him solely upon the fact that
he is a Mormon and therefore they de-
clare he should not be admitted to con-
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. I do not believe the charge
that he is a Mormon will interfere to
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
discontinue the support of two of the
swomen-or of all Of them-because a
number of people object to him for that
reason as a representative in congress-
For one, I say assuredly not If he did
50 he would be a human brute beneath
the contempt of all honorable men. Ny
judgment is that he will retain his
seat
Representative James Hamilton Lewis
Of Washington is of the opinion that
Mr. Roberts can not be denied his seat
in the house of representatives 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 ap-
pears 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 MI
Lewis, that a contest might be in
stituted on the ground that by nving
in polygamy Mr.. Roberts was disouali-
fed from election, just as a contest
might be raised on the ground that a
man was a minor when elected to con
gress- Mr. Roberts might also be liable
to prosecution under that Edmunds law
If he should live with more than one
in lot r,FC