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

limited to cases expressly provided for
the power IL necessarily implied from
those constitutional functions and
duties, TO the performance OF which II
In essential (Painc on Elections. $50,
par. 1850
Roberts wholly denies TO the House
OF Representatives, or to Its committee.
the right or power to adjudge him
guilty OF the mlsdcnmor charged, or
any other crime, except upon the evil
dcnce OF tho record Of court OF COM
pctent Jurisdiction to prove the fact
that guilt has been established after
due process OF law.
at may be stated as well-settled
proposition that statutes and constitu-
tlonal provisions making ineligible to
office any person who has been guilty
OF crime or breach OF trust. always pre-
suppoaes that the fact OF the commits
sion OF such crime or breach OF trust
has been asccrtained and ndjudged by
the Judgment OF n court OF competent
Jurisdiction. Such fact can only be
established by trial and judgment In
due course OF law. In which the accused
shall be entitled to full and fair hear
Ing" lMccrary on Elections. 4th Ed,
pa. 3t5)
Paine. IN his work on elections In
speaking OF the act OF July OF 1862.
which prescribed the oath OF office,
known M the "lron-olad OATH" calls
attention to the fact that II was oh.
jccted 10 In the Senate on the ground
that II prescribed. In violation OF the
Constitution. II new qualification for
senators and representatives. lie says:
but the reasons urged In support
Of this enactment embraced no claim,
or pretense. that Congress had any
constitutional power to Tx or alter the
qualifications OF senators or representa-
tlvcs, otherwise than as punishment
for crime after trial, conviction, ana
sentence according to law" tPaine's
Elections. y. i0i. par. 1850
In further discussing this matter. in
footnote. the learned authority re-
marks:
"This decision Is not nm authority for
the position that the House OF Repre-
scntatvcs. In the exercise OF It's pow
err to Judge OF elections. returns, and
qualifications OF It's members. may. by
n mere majority vote. exclude mem
ber-elect charged with. but not con-
vlcted, OF crime. The doctrine OF the
case Ii that the House can not 10 cx-
clude a member. except after convic-
tlon had and judgment OF disquallil-
cation actually rendered according to
law" paine on Elections. los: foot
note.)
In further evidence OF thlA contention
I quote what Paine says OF the Hum
phrey Marshall case;
senator Humphrey Marshall, OF
Kentucky, having been charged by two
OF the judges OF the court OF appeals
OF that State with the commission OF
fraud and perjury before his election,
an investigation was requested by GER
tain representatives OF Kentucky. to
which Mr.. Marshall assented, Hut the
committee were OF the opinion that. In
IA case OF that kind, no person could be
hold to answer for an Infamous crime.
unless on nreaentment. or Indictment
OF a Grand Jury and that. In all such
prosecutions, the accused ought to be
tried by an impartial jury OF the State
aud district wherein the crime had been
committed; that no sufficient reason
had Loen shown why the accused had
not been tried In kentucky. that. UNI
m he was legally convicted, the prln-
oi.les of the Constitution and OF the
common law concurred In prcsnmlng
that he was innocent. and that, as the
Constitution did not give To the Senate
iiriAuiction OF the case, the consent OF
the parties could not give IT, (Palne on
Elections, par. l052)
II MAJ he contcndod that the pres
cnt Proceedings OF the House commit
tee are not to lind II the member from
Utah IL DISQUALIFIED by some express
statute or constitutional provision, and
therefore the authorities quoted above
do not apply. Tho plain answer to such
| a contention would be that, II in a pro-
| ceedin. to ascertain II "A person IL in
| eligible to office under some disquallfy-