The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-10-17
SWORN IN, THEN UNStAItD.
PROBABLE FATE OF CONGRESS-
MAN ROBERTS. POLYGAMIsT.
Precedent Favors the Utah Repre-
sentative-Elect. hut Public Senti-
ment Will Force House to Refuse

Special Dispatch to the Post-lnteligencer
WASHINGTON, Oct. ls-Renewed inter-
est In the case ~ Con gressrna Il Elect Roo
erts. OF Utah. poiyrar1ist. has been caused
cnieby oy the fact that Miss Helen Gould
has taken So active part in he movement
TO prevent his admission as member 10
Inc house. II practically Uniform line Of
precedents is followed. Mr. Roberts VII
Re sworn in: subsequently,. Il now seems
robanie ne VIII be unsea,ed by a vote Of
the house.
This Is not because OF any technical legal
disqualification Mr.. Roberts rnay possess.
SO mucn as IL is because there is AT over
whelnling public sentiment. especially
among the women OF the United States.
against the seating Of polyganlist Ia con-
gress.
Ar. Roberts will come 10 congress with
regular credentials of his governor ami
secretary OF state, certifying in proper
form that he has been elected member
| OF the house. These credentials upon
their face. should beat him. Under the uni
form practice OF the house. Mr Roberts Is
| as much entitled 10 De sworn in as the
member who may make objection.
House Must Seat Him.
The question has been raised frequently
In the organization of the house OF repre-
sentatiyes. but 1t has always been settled
as once stated By Hon. George F. Hnar.
only question for the house 10 consider was
whether the credentials were In regular
form ard whether the officer certifying IL
was entitled by the law OF his state to the
usages OF the house to give him these ere
dentials''
Judge David q. Culberson. former repre-
sentative from Texas. and now a member
OF the codfying commission who was fer
many years chairman OF the house judi
ciary committee, and Is ore Of the ablest
constitutional lawyers In the country. has
ttsA go
Roberts case that ii is only necessary,
when Mr. Roberts appears III the bar Of
the house TO be sworn In. that some mem
Der offer an objection. whereupon IL will be
the duty of the speaker 10 request Mr.
Roberts TO stand aside while the oath is ad-
mihistered TO the other members. Then
MS case shall be referred to the committee
on privileges and elections, ~ which an
investigation shall be made and report sub
mftted 10 the house.
Under The constitution each branch Of
congress is judge Of the qualifications of its
own members. II really matters not at all
what qualifications statutory law may pre-
scribe. for the house or the senate may
vote TO seat or unseat in spite Of any such
statutory provisions That is the weak
ness OF the case OF Mr.. Roberts In the
lace OF the powerful public sentiment
ments of American women. II is scarcely
possible that majority OF the members
OF the house OF representatives will vote TO
seat known polygamist.
PoIyxnmists Have Held Seats.
But poiygamis:s have sat In congress.
with their rights unquestioned. That waS
the case with Mr.. Cannon a delegate from
Utah. to whom objection was made In his
nfst term. II is TRUE. but who finally, after
some years of service was ,nseated Ths
cases are not Identical for Mr. Cannon
was simply delegate, as Utah at that
time was territory, and was not entitled
TO a vote while Mr.. Roberts case Is
congressman from one OF the states. The
history Of the Cannon case is interesting
az affording precedent in the contest
which undoubtedly will be made against
Cannon case are related by Mr.. Henry
| II. Smith of Washington. capable con-
gressional historian:
"On December 2 1873. on the day Of the
| organization Of the house OF representa-
| lives Of the Forty-;hird congress. after
| the representatives elect had all been
| self ut the bar Of the house with the other
| Delegates elect from the territories TO take
| IN oath OF office as delegate from the
| territory Of Utah Mr. Merriam OF New
| York. objected 10 his being sworn In at
| that time, and In accordance with Speaker
! Paine's request Mr.. Cannon stood aside
until the oath Of office was administered
| to the eight other delegates Senator E.-
| kns being among the number as dele
| gate from, New Mexico M Merriam
thereupon offered the. Following preamble
/ and resolution. and demanded the previ-
| Gus question thereon;
| Whereas, II is alleged that George O
| Cannon. OF Utah. has taken oaths !ncon-
| sistent with citizenship Of the United
| states and with his obligations as dele
| tinues 10 be. guilty Of tho practice In vio-
| iation ana defiance ~ the laws OF the
| United States. therefore.
| Resolved Tia, the credentials az the
| said Cannon. and his right 10 a seat in
! this house a. delegate from Utah be re-
| ferred TO the committee Of elections: ana
! that Cannon BE- not admitted 70 n seat
/ IN this house previous TO the report from
MIR COZ. ~ New York. demanded the
| reading 81 the credentials. and the same
his demand for the previous question.
| which the house refused 10 order. and Mr.
/ COX was given the floor. Mr., Cox stated
| that he d'd not raise any moral questions
here that he cared nothing about Nor
! monlsm; that Mr.. Cannon had a .Tima
! facie right to his seat. ana The adoption
| of re pending resolution would So
! dangerous precedent Mr.. Cox was fol-
| lowed by Gen. Butler. Of Massa chusstts
| who repeated in a more compact way the
| argument % Mr.. Cox adding tha, the
| moment fhe house broke away from the
| wcu established rule ana principle ~ seat
| !rE n member or delegate who presented
! prouer credentials, Their chaos followed for
/ n high parry excitement the house could
Gen. Butter vas followed by Mr. George
| Aoar. ~ Massachusetts,. ~ho stated
/ C"iF more clearly arr fNNt-H rat have
! above quoted from his refrarka Mt
! C}srksan y Potter. ~ New York. Gre ~
/ tha ATTEST "a wYers ~ that house followed
/ M ffoar ant AS5e1; 1naf ths dif1c,lftv
! wt'h NJ Her-tau's obtecficn was TIA:
/ t%e statute has prescribed certain q8al.f5-
/ raSlens FOR :ss office o, delegate from he
/ TERRITORY tut among those qualifications
/ 10 rot .urscency n respect - practices 70
! which ny friend alivdes
Matter Was Tabled
Mr. Potter c'teA r-eredfo. n re
! Fortv-trs. cNf s~sss 3Grrc.iy IN point aa4
I hold that where tvs certificates war pre-
; ssrts3 AH3 there ~ss contest. r>sn 81
+ w>iiA ~ u~0rer - refer both CYseten tisis
/ ana -he Whole question - Ire committee
; - elections Nj MAYNARD = Tennessee
a. ahlz lawyer ara A veteran. foiioast s.
Z tNe ssr1~ N@~ s-d then. IN tse ygot on -
NJ Mo q Indiana another able
Z lzvyvr aH5 rneTr,tar g i2ng standing .n4
! p~v4r1t r. ara resolution were I'D 20 tha
liable ~ practically UNANIMOUS vote
ara NJ Canaan tock Re other e., osftre
On E'oh~uavv lS-7 II tha }as. session
+ - rnst t'onEvs&s NJ Smith ~ New YORK
rhas-frAs - tpe eosrsa. = 90 aT sI~c:3 - "a
/ . f~tt5.aEst} question. frft-.-s -he follow