The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-06

pieQ 10 men 0lSqu3llf1ed by the Gu-
munds-Tucker act. l understand gem
fact, and they will certainly appreciate
the weight of it.
The gentleman from Ohio has no
court record TO show that l was ever
arraigned or condemned of crime
whatsoever since the PRONUNCIATION OF
the amnesty proclamation of the presi-
dent of the United States. The gen
tleman seems also to forget the fact
that since the confession of that mis-
demeanor to which he has referred,
there was passed by congress an en-
abling act authorizing the people of the
state of Utah to form a state govern
ment That enabling act also had
provision embodied in 1t that qualified
all citizens within the limits of the ter
ritory to become citizens OF the United
States. and was particularly framed to
remove the disqualifications and disa bill
tiles which had been created by the
Edmunds- Tucker law.
Satisfied the President.
1.-THE gentleman seems to forget also
that the state constitution of Utah was
satisfactory to the president and his ad-
visors. ana Utah has been acrnrtted as
a state into the Union. and has taken
upon itself the responsibilities of a SOW
ereign state, declaring under its con-
stitution who of the people residing in
its borders shall exercise the elective
franchise and be qualified for office as
citizens of that great commonwealth.
The second charge. which is sup
posed to go TO the question of eligible
fty of the member from Utah, is made
upon affidavit and other papers in his
possession The gentleman from Ohio
says that ever since 1889 have been a
persistent law breaker in the state Of
Utah. If that be true. let me ask why
it is that l was not punished for law
breaking? Certainly there was no dis
The war office today received the fol-
position not to execute the law on the
part of the people of Utah. Its adj
ministration was in the hands of nom
Mormons, of those who had no SYM
pathy with men of my religious faith.
All the machinery of the law was in the
hands of federal appointees. How is 1t,
then. that / could be an open and de-
fiant law-breaker and yet escape the
penalty of law?
THE gentleman's objections are
based, not upon the court record, but
upon affidavits and papers that have
been supplied him by these people.
Was In Reach of the Law.
And new as to the manner in which
these charges are made. 1t has been
about fifteen months since they began,
since the representative from Utah was
heralGed throughout this land as a de-
faint law-breaker. And yet l walked
the streets of Salt Laks,City in open
day, within easy reach of the law, and
my faults lay open to the law if / We're
guilty of transgressing.
"Other men were arrested before the
courts of Utah and were fined for the
very offense alleged against me, and
yet no complaint was made against
me.
NO, it did not suit the purpose of
those who had this present agitation in
hand to vinGicate the law quietly, and
by the usual methods. They desired
particularly to have this case upon
which apparently to arouse the senti-
ment of the country Not until my
business called me east did they I'M
dertake to make any charges against
me.
But the moment. or shortly after.
my departure they began this agita-
ton, resulting in the present sentiment
of the country now aroused against me.
1 call your attention next to the fact
that the only charge against me. even
by the present opponents of the reso-
luton. is that of a nlisdemeanor. They
do not charge felony.
Privileges Denied Him.
OF understand that the members of
congress are granted certain privileges
while in attendance upon this house.
1t would be impossible to arrest any
one of the members upon the charge
of a misdemeanor. And yet you would
deny me the privilege of being sworn
as a member of this house. upon the
allegation of the existence of some
charge or other that I was guilty of a
misdenleanor.
For the thing for which the law it,
self could not lay a, hand on me while
in attendance upon this house, you pro-
pose-I speak of the little coterie of
men who have entered into this con-
spiracy-to crowd this question to the
front at this particular time, and for
the reason that they are fearful that
if the matter should go to a. considera-
ton under a resolution to expel the
member from Utah, they could not
marshal the necessary two-thirds vote
to accomplish their purpose-to pass
the present resolution.
Il understand. sir. that these immun-
tiles are not given for the benefit or
the individual members. They are
given rather as a protection to his con-
stituency. who are entitled to his ser
vices as their representative.
Demands His Rights.
.
ton that is given to the constituency
of a sovereign state against the pro-
ceciings they are instituting here to
deprive me of the privilege of being
sworn in as a member of this house.
Privilege, did / say. sir. L am not
asking any privilege in this house.
am not asking any favcrs of the MEM
bers of this house. Under the shadow
of the constitution of the United
lor
self and for the people of my state the
protection that is due us-and it is
a demand and it is asking no favors.
(Great applause on the Democratic side
and in the galleries.)
Mr.. Roberts next called attention to
the precedent in the Forty third con-
gross in the case of Mr.. Cannon, add
ing:
Il can add nothing to the force of
that gentleman's remarks. except this,
that in the case of Mr.. Cannon the
house was dealing with a delegate from
a territory, not the representative OF
the people of q sovereign state. They
were dealing with delegate who was
created by statute passed by the con-
gress of the United States. And
throughout the discussion it was alleg-
ed as reason for taking exceptions to
him that they could DO so because he
YVES unprotected by the provisions OF
the constitution.
The Case OF Mr.. Cannon.
Ard yet. sir. Notwithstanding he was
but creation of law, still they ad-
initted him as member upon the floor
of this house. 1t is TO be remarked IN
this connection that, strange to say.
the course of nature was not disturbed.
Notwithstanding an alleged poiygamist
was permitted by the vote of Repub-