Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-26

sented by any one whom the people see
III TO elect, provided ne possesses the
three qualifications required by the
Federal Constitution until he shail De
| expelled from the House. II he has been
| guilty OF any misconduct, by the re-
| quisite two thirds vote.
1T Is an interesting fact that Mr. Rob-
erts participated In the organization OF
| the Fifty-sixth Congress, so far as TO
vote for the Democratic candidate for
Speaker, The Revised Statutes OF the
United States provide that before the
| first meeting Of each Congress the clerk
| OF the next preceding House OF Repre-
sentatlves shall make roll OF the Rep
resentatlves-elect and place thereon the
names OF those persons, ana OF such
| persons only, whose credentials show
| that they were regularly elected In ac-
| cordance with the laws of their states
respectively. or the laws Of the United
States. Alexander Mcdowell. the clerk
OF the last House, prepared roll or
the new House in accordance with this
provision OF law, and upOn that roll
appeared the name Of Brigham " Rob
crts OF Utah. The vote for speaker was
taken before any Of the Representa-
tives-elect were sworn in After Mr..
Hendersons election, the oath Of Office
was administered TO him by Mr. Har-
mer Of Pennsylvania, the Representa-
tive longest In continuous service, and
the Speaker then proceeded to admin
lister the oath TO the members and dele
gates-elect, who presented themselves
In front OF the Speakers desk, as their
names were called by States and Terri
tories.
"The swearing In Of the Speaker and
Representative Is regulated by this
provision OF the Revised Statutes, the
substance Of which was originally en-
acted in 1889:
AT the frst session Of Congress af-
ter every general election OF Represen-
tatives the oath of Office shall be adj
ministered by any member OF the House
OF Representatives TO The Speaker; and
by the Speaker 10 all the members and
delegates present. and TO the clerk,
previous 20 entering on any other bust
ness: and to the members and dele
gates who afterward appear, previous
to their taking their seats
strictly speaking. the requirement
that the Speaker shall be sworn in by
a member Of the House cannot be COM
piled With. for a member-elect does not
become a member until he has taken
the oath OF Office. A reasonable inter-
probation Of the provision which We
have quoted demands that II shall be
construed TO permit the oath 10 be adj
mlnlstered to the Speaker 10y any one
whose credentials show him TO have
been lawfully elected a Representative.
Under this construction, Mr.. Roberts
could have administered the oath to
Speaker Henderson just as lawfully
and just as properly as Mr.. Harmer.
And il is also TO be noted that 1t was
only the mere incident OF alphabetical
arrangement that enabled large ma
jority OF the Representatiyes-elect to
qualify as members before the name or
Mr. Roberts was called, and objection
was made TO his taking the oath. II
his name had happened to be the first
In the delegation from the State first
on the roll. there would have been no
qualified member present TO object TO
his admission, with the single exception
OF the Speaker himself
THE Republican party has often truly
boosted that Il Is a party Of courage.
We regret 10 observe that IL is not act
ing courageuusly in this matter OF
Roberts. Nothing can be more ride
ulous than to charge one with sympa-
thy with polygamy because he insists
that the rights Of a Representative
elect shall not be flagrantly disregarded
in plain violation Of the provisions OF
the Constitution. 1t would be just as
sensible to accuse a person Of ,ndiffer-
ence 10 murder because he preferred
an orderly trial and lawful execution
in cases Of felonious homicide to the
wicked methods Of lynch law"