The Topeka state journal., 1899-11-29
NOT AN EASY NATTER.
A Caucus to Lay P ans For Unseat-
ing Roberts

a Caucus to Lay P ans For Unseat-
ing Roberts
New York, Nov. ga special to the
Herald from Washington, D. c., says;
THE methods of procedure to be
adopted by the house of representa-
tives in getting rid of Mr.. Roberts. the
pOlygamist represent -elect from
Utah, is to be considered at a confer
ence of Republican leaders to be held
Friday in the room of the committee
of interstate and foreign commerce.
This conference has been called by
RepreSen tat1Ve Hepburn OF Iowa, VINO
has devoted considerable attention to
the case. Among those who will par
ticipate will be Representative Payne
of New York; DalzelI of Pennsylvania;
GrOsVenOr and Taylor of Ohio Mr..
Taylor was the chairman of the COM
mittee on elections in the last con-
gresS, to which were referred all the
petitions and protests against the seat
ing of Mr.. Roberts received before the
adjournment in March At the request
of Mr.. Henderson, he has been making
a careful study of the case and of pre-
cedents. He is not willing to discuss it
in any way, however, at this stage of
the proceedings.
Former Speaker Carlisle and Mr..
Harry H. Smith, the parliamentary ex-
pert, two of the counsel retained to rep
resent the opposition to seating Mr..
Roberts, will present the result of their
Investigations as to precedents at Fri
days conference. Mr.. Smith has made
a careful and exhaustive study of all
the precedents since the foundation Of
the government. 1t has resulted in his
reaching the conclusion that Mr. Rob-
erts must be sworn in on his certificate
of election, and that he can only be I'M
seated by a resolution of expulsion un-
der unconstitutional power of the house
to expel a member by a two-thirds
vote. Mr.. Smith has found that there
are in all sixty cases on record in which
attempts have been made to prevent
the swearing in of representa- tiVeS- elect
n
every case in which there was not a
contest between rival claimants of the
seat
Mr.. Carlisle is expected in Wash
ingtOn tomorrow. He will be accom-
panied by President Strong and Secre-
tary TOlman of the league for social
service, which is the organization that
has engaged the counsel to present the
case against Mr.. Roberts. Miss Helen
Gould has supplied this league with the
sinews of war which has enabled it to
employ such an array of high-priced
counsel as has been engaged In addi-
ton to Mr.. Carlisle and Mr.. Smith, for
mer Senator Edmunds has been retain
ed and retainerS have been offered to
former President Harrison and former
Speaker Reed. Mr.. Reed was forced
to decline, owing to the pressure of
other business. Mr.. Harrison has not
yet been finally heard from.
Represent ative Galusha A. Grow of
Pennsylvania. the Oldest member Of
the house, a former speaker of that
body and one of the best informed
men on parliamentary precedents in
the United States, said today;
If there are sufficient reasons to
expel a member from the house the
same reasons provided they exist when
the member-elect appears to be sworn
in, would justify the house in refusing
to permit him to take his seat The
house is, under the constitution, the
sole judge of the qualifications of its
mem bers.'
Representative Bailey of Texas, ar
r-fy~ ~ad har- las 15craf f-
perfectly clear to his mind that the
swearing in of Mr.. Roberts cannot be
legally prevented, in view of the fact
that he comes to congress with the pro-
per credentials and without a contest
formally made against him.
Former Senator EdmundS, discussing
the constitutional rights OF Brigham H.
Roberts of Utah. in a statement to the
Herald said: