The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-10-16
auAY AND ROBERTS.

The Quay and Roberts cases, which are
again being discussed. are in no wise sim
/ liar, except that in each a seat in Con-
gress is involved, one being in the Senate
and the other in the House. In the Quay
case the question is whether or not he
/ shah become a member Of the Senate. Ia
the Roberts case. the question is whether
or not he shall be permitted to retain the
seat to which he mas been elected aud
properly certified.
That Mr.. Roberts is already a member
OF the House there can be no doubt. His
election was regular and his papers from
the Governor of Utah are regular There IS
no contest against him. But there is a
protest which seems to be growing in vo e.
ume. 1t is based upon the ground that
he is a poiygamist that TO permit him to
remain member of the highest legislative
body in the land would be a recognition of
polygamy. which has been outlawed, and
which IS against public policy and cool
morals. Under the law Mr.. ROBBERS IS
entitled to take his seat along with other
members Of the House. Neither the clerk
who makes up the roll of the body nor the
House itself has any discretion in The mat
ter. But il Is within the power OF the
House 10 take steps 10 expel him. A vote
for expulsion would have to be two-thirds
10 become effective. Recently the claim
has been put forward by the attorney for
Mr.. Roberts that he cannot be charged
with having violated any statutory law.
the anti-polygamy act, with the violation
OF which he is charged, having force and
effect only in the territories and the Dis
trict of Columbia The attorney also d.
reefs attention TO the fact that the House
has heretofore invariably decided that Of
fenses against the moral law were not with
in the jurisdiction of the House. In OPP
position. however, will be the overwhelm-
ing mass of public opinion, protesting
against what is regarded as an assault up
on morality and the home.
Senator Quay viii ask the Senate TO seat
him upon the authority of an ad interim
appointment by the Governor of Pennsyi-
vania, the Legislature of that state having
failed to elect. The Senate has repeated
ly held that Governor has no authority
TO make an ad interim appointment under
such circumstances. But Senator Quay's
friends hope that the Senate may be In
duced to reverse itself for Quay's bene-
fit. because of his personal popularity.
The Quay partisans, however, have re-
Gently sustained a disappointment. Taey
are not going to have some Of the able
workers on their side that they were cal
culating upon. Senator Hoar is one of
them. He says he believes Quay will not
be seated, because it was the tacit agree
ment at the time the vote on the Corbett
case was taken that it should stand as a
precedent. Senator Hoar recalls the fact
bett and other Western senators for the po-
Itical reason that they were in favor of the
free and unlimited coinage of silver; never
theless he is at loss 10 see how senator's
can reverse themselves and override pre-
cedent on fundamental questions merely
because a certain individual is desired to
be benefited. Senator Hoar is a man of
ability whose opinions are held in high re-
spect by his colleagues. His opinion,
therefore, may have considerable influence
upon the determination of the Quay case.
Still, II would probably not be safe to pre-
dict the defeat of the Pennsylvania boss
upon that opinion alone. Quay is poiti-
| cally strong himself, and he has some pow
can be brought to bear i'm his behalf will
be exerted.