The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-11
AN UNLAWFUL COURSE
Congressman Dinsmore Denounces
Action Of the Eouse.
CONSTITUTION VIOLATED
REFUSED TO VOTE FOR THE
RESOLUTION.
Member From Arkansas Decided to
Stand By His Oath to Support the
observation-disclosures Could Not
Be Convicted Upon Mere Rumors
The Proper Way.

OBSERVATION-DISCLOSURES C0u1Q mo-
Be Convicted Upon Mere Rumors
The Proper Way.
During the course of the debate upor
the Roberts resolution in the house last
Tuesday, Mr.. Dinsmore of Arkansas
said:
Mr.. Dinsmore-Mr. Speaker, it is per-
| fectly clear to all. that could say noth-
ing to throw any light on the legal
aspect of this question in the short time
allotted to me. / shall not, therefore,
undertake to discuss the question at
length confess. frankly, that 1 oc-
cupy the floor for the sole purpose Of
making my own position and my vote
! thoroughly understood by the country
and by my constituents.
| l regret, sir, exceedingly that it did
not so happen that the majority in the
house should have adopted another
procedure in connection with the dis
position of the pending question. 1
may be permitted to say that it was in
the air.. 1 have no authority, of course.
for speaking for the majority and do
not undertake to do SO. nor do / under
take to question their action or have
anything whatever to say with refer
ence to their caucus but it was in the
air that there was some doubt as to the
proper method of procedure in dealing
with this case, whether to object to the
member from, Utah taking the oath of
office or to permit him to do so and
then to move for his expulsion. But
the majority have pursued the course
which seemed fit and proper to them.
and l have no question to make about
it. it
Could Not Support It.
Mr.. Speaker / cannot vote for the
pending resolution. Much as l sympa-
thize with the general purpose it has
in view, 1 cannot vote for il for rea-
sons which l wish briefly to state. My
own constituents are in full sympathy
with the purposes sought to be accom-
plished here, and if the question arose
on a proposition after the swearing in
of a member on evidence disclosing the
fact that the charges made against
him by member of the house are true
l should not have hesitated to cast my
vote for his expulsion, because | think
if the facts alleged are as stated he
would not be fit and would not be al
lowed to be member of this body.
/, Mr.. Speaker, with my constituents.
believe in preserving the purity and
the virtue of American homes. We re-
gard with adherence the possibility of
any man sitting in this body who is a
notorious public adulterer, who fla
GRAVITY lives in illegal Capitalization with
a plurality of women. But in view of
the fact that the constitution of the
United States prescribes the conditions
of eligibility. namely. that the candi
date must be % years of age, must be
seven years a citizen of the United
States, and an inhabitant of the state
from which he is chosen, which are the
only conditions prescribed that make
him eligible, / do not feel that l can
go behind them and vote for the adop-
ton of the resolution proposed by the
gentleman from Ohio. 91
State Denied Representation.
/ do not believe that we have a
right to do so. and thereby deny to
sovereign state her representation for
a moment, without a fair trial and in
vestigation. My position conforms
strictly with the presidents of the
house-with every precedent deserving
Of consideration-and conforms with |
the opinions of the most learned states
men and Legislators who have occupied (!
seats on both sides of this chamber IL /
conforms, as | am told cannot speak |
ACKNOWLEDGEMENTS the opinion of the |
llustrious counsel employed by the /
league for the prosecution of this case |
two distinguished lawyers, one a Re- |
publican and ore Democrat, Mr. Ed i
and Mr.. Carlisle, both of whom
insist that the proper method is by
expulsion and not by the adoption of
he course proposed here-that the
mousse has not the power when a mem
Oer-elect comes with certificate of |
election from the proper source uncon-
-ested, to refuse to administer the oath
If office
Mr.. Speaker. when 1 took the oath of
)ffice as a member of this house Il /
of the United States As
lave already stated, the constitution
)rescribeS only three conditions of
ligibility-namely, that the member
,lect shall be 25 years of age, seven
Tears a citizen of the United States,
md shall be an inhabitant of the state
rom which he is chosen. 1t may be
# this house.
Adjudged Without Trial.
From hearsay evidence, and even
rom public statements purporting to
Re made by the member himself, / be-
eve him to be an adulterer and that
lie lives and has lived in illegal cohab-
Iation with more than one woman:
nd if this be true. he is unfit to sit in
his house. But shall he be adjudged
Without a trial? Shall we accept run,or
4 his condemnation? To what end? II
he charges are true, may we not expel
i'm. and Immediately after the house
egins the business of the session? Is
not better to do this than to subvert
very precedent of the house desery-
lg of respect and to entail upon our
elves the danger of presidents that :
lay arise in the future to vex and .
arass us when questions of graver
nport than the one under considera-
on shall arise?
The people have asked us not to do
iolence to the time-honored course :
dopted in proceedings in this house !
Y refusing the defendant the priv
eye of being sworn in as a member and
epriving his state of the privilege of
in the organization of
ne house; they have asked us. if the n
roof shows the man guilty. that we a
spel him from membership. This am
aady to do. not only in obedience to
leir behest. but in response to my own
we of the purity of the domestic fire
de.