Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

House and TO recommend sucn action
on the part OF the House as shoulu seem
proper. They reported that the charge
was established, and recommended
the exclusion OF the delegate. Ihe ma
iority were OF the opinion that IL Woulu
be inpolitlc and dangerous 10 exoel
delegate. or representative, having the
qualifications prescribed by the Con-
stitution. on account Of alleged crimes
or immoral practices, unconnected win
his official duties or obligations, ana
recommended the discharge OF the conf
mittee from the further consideration oi
the resolution. The House by vote
OF 20 yeas. nays not counted, refused
TO consider the report OF the committee
when submitted. and II was not after
wards considered" (Paine on Elections,
mar III Maxwell V. Cannon, Cannon
case. Smith, 259. Smith, lS2.
II may be contended, however, that
I'm the Forty-seventh Congress MT can,
non was refused seat, on the srouhu
OF heinz a polygamist which he then
admitted. and the seat OF the delegate
FOR the Territory Of Utah was declared
yacon, THAT occurred under the fol-
loving state OF facts: Mr.. Cannon was
n contestant for the seat, the governor
certi0cate having been given TO one
Csmnbell. although he had received put
1 900 votes. as against Cannon receiving
1s 600 Clslng round numbers). Ana tne
committee reporting the case declared
campbell not TO be elected, and cannon
IN ba elected. but refused except IN the
renort Of the minority 10 say that ne
was entitled TO the seat, The DEBATES
in the case occurred al various times IN
the House from early in December, 1881,
until Ire 18th OF April, 1852. Meantime
the rAtnunds law, creating and defining
Inc nffense OF unlawful cohabitatlon,
and making those proved guilty OF II
inelIelble 10 vote or hold Office IN the
Territory OF Utah Qhe law taking ef-
fect ON the 22nd day Of March, lSS2),
was passed and its discualifications
FOR voting and holding Office were made
operative upon Mr.. Cannon "A numper
of msmbers declared their reason Tor
voting 10 exclude Mr. Cannon 10 De the
passage Of the Edmunds law that had
been enacted pending the decision OF
the confess. and which they now pc
lleved applied directly TO him the as
qualifying provisions thereof Others
! held hat such discualificauons could
be made 10 operate upon delegate
from q Territory, while they could not
operate against a representative, LOT
| the reason that a delegate was crea-
ture OF the law which defined ms Quali-
fcatlons, while a representative was
nrotected by the specific qualifications
p,,rescrihed in the Constitution OF the
| tfnt,o6 states and which acted In eX-
J c,,sion of All others A delegate Is not
a cors,itutIonal officer. while repre-
serta,ive Is. and can not be affected
! hy statutory law, which may operate
nnon n delegate, as 20 his qualifications
VI.
In further contention that the misde-
,,aonnr ~ unlawful cohabitatlon, even
~ nroven aralnst Roberts would not
constitute a disqualification for the OF.
Ace Of representative, II Is here heid
tbat Ia make IL a disqualification would
no IN exceed the power OF the House
| ara NJ course. of this committee
The qualifications OF representatives
are Gxcd by n higher authority than
! sbe blouse OF Representatives VIZ: Inc
| Constitution Of the United states
IN He must be twenty-five years Of
age. ,.,. o., IN. INIT.
ed states for seven years;
fg) lie must be an inhahitant OF th'
state fron which he Is chosen. (Con'
stltution. Art. !. sec. v. veu
No other or additional qualification
con he prescribed. Ex-senator George
r Fdmunds. IN a signed article pup
ilshed in the New York Journal Janu'
arv isae and later In a statement pup
iished bI his authorization In the New
York Herald OF November 29th, 1879
/ is authority FOR The following:
aThe Constitution fixes and describes
the qualifications necessary Tor mem
her al the House OF Representatives
think the House has no constitutions
right to add others, either aifirmaiivell
or negatively, and. therefore. / thlni