Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1899-11-29
Counsel Against Roberts.
SOME OF THE BEST LEGAL, TALENT
IN AMERICA WILL con-
TEST HIS CLAIM


Herald from Washington says: The
method of procedure to be adopted by
the house Of representatives in getting
rid of Mr.. Roberts. the polygamist rep
resentative-elect from Utah. is to be
considered at conference of republi-
can leaders to be held Friday in the
room of the committee on interstate and
foreign commerce. This conference has
been called by Representative Hepburn
OF Iowa. who has devoted considerable
attention to the case Among those who
will participate will be Representative
Payne of New York, Dalzell of Pennsyl
vania, and Grosvenor and Taylor Of Ohio.
Mr.. Taylor was the chairman of the
committee on elections in the last con-
gress, to which was referred all the Pc
titions 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 in 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
observations 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.. Roberts
must be sworn in on his certificate of
election, and that he can only be un-
seated by a resolution of expulsion under
the constitutional power of the house to
eXpel a member by a twO-thirds vote.
Mr.. Smith has found that there are in
all 60 cases on record in which attempts
have been made to prevent the swearing
in of representatives-elect and that the
attempt has failed in every case in which
there was not contest between rival
claimants Of the seat.
Mr.. Carlisle is expected in Washington
tomorrow. He will be accompanied by
President Strong and Secretary Tolman
of the League for Social Service, which
is the organization that has engaged the
counsel to represent the case against
Mr.. Roberts. Miss Helen Gould mas sup
piled this league with the snews of war
which has enabled ii to employ such an
array of high priced counsel as has been
engaged. in addition to Mr.. Carlisle and
Mr.. Smith, former Senator Edmunds has
been retained, and retainers have been
offered 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.
Representative 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:
"lf there are sufficient reasons to expc!
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 it's membership" :"
Representative Bailey of Texas ar
rived here tonight and says it is perfectly
clear to his mind that the swearing in
of Mr.. Roberts cannot be legally pre-
vented. in view of the fact that he comes
to congress with the proper credentials
and without contest formally made
against him.