The Portland daily press., 1899-12-13
MR.. ROBERTS BRIEF.
Argues Legal Aspect Of
His Case.
Edmunds Law Disabilities Have
Been Removed.
Has a Right to Trial
by Jury.
House Has No Jurisdiction In
the Case.

Washington, December 1a-1hs Rob-
erts's investigation committee resumed
Its session ~ ten o'clock today. This 10
was explained was TO permit the commit
tee to reo,ive and discuss reports ON pro-
cedure, form Of subpoena, etc. Meantime
Mr.. Roberts himself and quite gathar-
ing OF Mormons and Gsntilss stood out
eide the COMMITTEES door awaiting the re-
suit ss to their being admitted. Mr..
Roberts was prepared to continue bis ar
gumsnt on the dsmurrer to tbs right of
the committee to try him.
The committee remained In privats ses-
sion until noon when an adjournmsnt
was taken until tomorrow wnen the
actual hearing Of witnesses will begin.
Mr.. Roberts saw Mr.. Taylor as soon as
the committee adjourned aud submitted
his brief. Mr.. Roberts's brief Is . lengthy
legal argument against the rights Of the
committee.
Mr.. Roberts's summary Is a. follows;
"From the foregoing established doc-
trines and rights Of members OF Congress
1t follows:
"That the proposed procsedings Of this
committee would be snbversive OF the
rights Of the member from Utah.
"i-In that he Is to be .djuds sed guilty
Of crime without due process of law.
"2-Ihat he Is TO be adjudged disquali-
fisd by disabilities created ty enactments
Of Congress and applicable TO the terri
tory OF Utah, but not applicable to the
State Of Utah, which disabilities have
pssn removed (a) by amnssties OF two
Presidents; (b), by the enabling act
passed by Congress; (c) by the Transition
Of Utah from territorial condition to that
Of statehood.
"3-It further appears that the crime
alleged against the representative from
Utah does not constitute qualihcation
for member OF Congress unless the
House and Its committee are prepared to
assert their power and right to add to
the qualifications prescribed By the Con-
stitution of the United States.
"4-And further the proposed proceed
ings by this committee would deprive
the member from Utah Of the oonstitu-
tional right to trial by court OF oom'
petent jurisdiction and by jury OF bis
peers within the state and district where
the crime is alleged to have been com.
mittsd and would deprive him Of proper
ty and rights without due process OF law.
"Ths member from Utah. therefore,
asks the committee 20 stop its present
proceedings and consider the prima fscie
right of the representative from Utah to
be sworn in q member OF the House OF
Repr resentatives of the 56th Congress The
msm ber from Utah Is prepared to submit
his certificate of election to the commit
tee, his certificate of citizenship issued
by q United States court Of competent
jurisdiction as is ready to affirm under
oath that he possesses all the qualifiea-
tions prescribed BY the constitution for Q
representative, and is willing to take the
oath of o1fice prescribed by the constitu-
ton.
"As to protests BY certain seotarian
ministers from Utah, Roberts holds the
committee ought not to consider them
for the reason that the atiidavits present.
ed by them hear dates as follows; Thom-
as J. Brandon, February Is, 1859; Ray
J.. DdnuOns robtuu 40, Ao'os Aeeho q
Miles, February "a. 1890; Mrs. Marie L.
McDougaii. May 81. 1899; all dates being
several months prior to the departure OF
the representative from Utah for the
East. For more than year after the
charges began to be made again st him.
the member from Utah was in and about
Salt Like all the time. and feven months
after the Bandon affidavits were drawn
up by A. I. Schroeder and therefore said
protestants had ample time to institute
proceedings before the courts Of Utah,
which were and are open for the prose-
cution OF the charges made In the PAST.
II the protsstants have sufficient evidence
they should have established the guilt OF
the member from Utah as to the misde-
meanor charged and come here with
court record establishing their charges.
although the question would still be de-
batabls as to whether the misdsmeanor
alIsge, II proven. would be sufficient to
bar him from the House, and on that
subjsct the member from u tab has al