The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-09
An uNcoNsTrrurIoNAL ROUTE.

/ AN uNCONST1TUTiONAL ROUTE.
The refusal OF congress to allow Repre-
sentative elect Roberts OF Utah to take
the oath of Office, prescribed by statute in
support OF constitutional right, has re-
suited In the establishment of a precedent
full OF menace. Commenting in advance
of the success of the Taylor resolution
which resulted in the ousting OF Repre-
tentative Roberts, the Chicago Timos-
Herald. republican. and a staunch organ
OF the administration, submitted the fol-
lowing clear and lncontrovertible presenta-
tion OF the houses statutory and constitu-
tional prerogaiives in these premises
Republicans of the house altogether pisn-
tarpret popular sentiment II they THINK that
its opposition to Congressman Roherts OF
Utah will justify or tolerate any VIOLATION
OF the constitutional rights TO exclude MIN
from congress. Presenting himself, as ne
will. with his certificate oil election the
statute requires the clerk to put ms name ne
on tho list of members There can be no
variation from this procedure. Neither ran
the speaker refuse TO swear IN any MEMBER
who presents himself with a properly verihed
certificate Of election, He can not so be-
Il must be remembered that under tho
constitution each house shall be the Judge
OF the elections returns and qualifications OF
its own members Each house determines
the rules Of its own proceedings. The rules
of one congress remain those OF succeeding
congresses unless otherwise ordered
The house is called to order by the clerk
Of the last house. who hy statute is required
in making out the roll OF members elect Ito
place thereon tho names Of those persons,
and OF such persons only. whose credentials
show that they are regularly elected in nc
cordance with the laws OF their states re-
specuvely. or the laws of the United States. y
The clerk can not exercise any discretion in
When the roll has been called to ascertain
the presence Of quorum the house. with
the clerk stu acting as presiding officer
proceeds to tho election OF q speaker when
this is done the speaker directs the clerk
to cali tho roll Of members ~ States, and
each member as his name is called approaches
the chair aud takes the oath to support tho
constitution of the United States
Up TO this point there is no authority any
where to object 10 the swearing In OF any
member whose name is ON the roll Obviously
the danger from the abuse NJ sdch authority
is too great to he risked
Not until the house Is completely organized
is II actually invested with authority TO In
CURE into tho qualifications OF It's members
Under the constitution
Each house may determine the rules Of
rs proceedings, punish its members for
olsordoriy behavior, and with the concur
renee OF two-thirds expel q member
THIS power was interpreted by the Judi
ciary committee Of the Forty. fourth congress
aS evldehtiy given to enable each house to
exercise its constitutional functions unob-
strueted and not to vest IN congress n
jurisdiction 80 try a member for an ofIense
committed before his election: for such Of
fense u member, like any other citizen IL
aniehahie 10 the courts alone
II therefore appears that the only legal
ana constitutional procedure for the unseat-
ing 81 PoiyEamlst Roberts is hy expulsion
after tt shall be proved that his nffense
lLs been committed or persisted in since
ms election. II he has three wives today he
~ a bisamtst. and congress can not tolerate
inc crime Of biEamy among its members
americans abhor poiygamy and have de-
,srminen to wipe out the ab0mifation But
tney WIZ 90 u under the law and not through
any breach of the constitution.
Southern democrats. particularly. who
voted for the Taylor resolution, by which
a certificate of election from sovereign
state was rejected, must have bean I'M
mindful OF the infamy of 1876 under tho
enactment OF which the election returns
OF number of States were ignored In
Migrant violation OF the plain letter and
absolute spirit OF the constitution. The
precedent in the establishment OF which
they have inconsiderately aided is m,
only indefensihle, hut markedly vicious
II Roberts Is "A polygamst. In the sense
that he has plurality of wives. he Iq
under the law bigamst and amenabIe 10
the punishment OF the courts.
Again. If a bigamist. the fact is Gambia
OF establishment by proof and investlga-
ton nor is his right to seat in CON
Fress, provided In a certificate of election
from a sovereign State i'm
periled thereby, so far as the law and the
constitution goes. trial or investlga-
tion OF the charge OF polygamy. upon
which public sentiment has indicted the
OFFENDING representative of Utah. to follow
the orderly recognition OF his credentials.
presents an entirely different proposition
as well as the only safe ground upon which
congressman sworn to obey the constitu-
ton, and assumed to understand It. could
and eoundly predicate the expul-
sion OF the disagreeable member.
In their calmer moments members who
were driven by excitement and impetuous
public pressure to the support of the Tay-
lor resolution, must see that they have
repeated the farcical and commonplace
performance OF riding a popular hobby
with the pommel of the saddle turned to-
ward the rear of the ungainly beast