The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1899-12-13
HIS SALARY AT STAKE
ROBERTS FILES A PROTEST. WITH
THE HOUSE COMMITTEE.
He Contends Congress Has Ma Right
to Take Away His Pay
Due Process Of Law.

| WASHINGTON, Dec. 12.-The Roberts in
| vestigation committee resumed its session
to-day behind closed doors. This, it was
explained, was to permit the committee to
receive and discuss reports on procedure,
| form of subpoena, etc. Meantime, Mr.. Rob-
erts himself and quite a gathering of Nor
| mons and Gentiles stood outside the COM
mittee door awaiting admission. Mr.. Rob-
| erts was ready to continue his argument
on the demurrer to the right of the COM
| mittee TO try him. The Gentle delegation
was more numerous, including the white
haired Rev. DR.. Tiff, Mr.. Schroeder, to
whom Mr.. Roberts interposed rather sensa-
tional objections on Saturday, and the 9TH
| ers who have come on from Utah to direct
the proceedings against him.
The committee remained in private ses-
sion until noon. An adjournment was then
taken until 10 o'clock tomorrow, when the
actual hearing of witnesses will begin. Mr..
Roberts saw Mr.. Tayler as soon as the
committee adjourned and submitted his
brief. Mr.. Roberts's brief is a lengthy legal
argument against the rights of the commit
tee. He urges that the Constitution gives
| protection against trial without the pro-
cess of law; also against taking property
such as the salary of an office without due
| process of law. Mr.. Roberts's SUMMARY is
as follows:
From the foregoing established doc
trines and rights of members of Congress.
it follows that the proposed proceedings
or this committee would be ~SubverSive of
the rights of the member from Utah.
"First-In that he is to be adjudged gull
ty of crime without due process of law.
"Second-That he is TO be adjudged dis
-,,. Z, H. At
ments of Congress and applicable TO the
Old territory OF Utah. but not applicable to
the State of Utah. which disabilities have
been removed: (a) By amnesties of two
by Congress-; () by the transition of Utah
from a territorial condition to that of
statehood.
"Third-It further appears that the crime
alleged against the representative from
Utah does not constitute a disqualification
for a member of Congress, unless the
House and its committee are prepared to
assert their power and right to add to the
qualifications prescribed by the Constitu-
ton of the United States.
"FOurth-And further, the proposed pro-
ceedings by this committee would deprive
the member from Utah of his constitu-
tional right to a trial by a court Of compe-
tent jurisdiction and by a jury of his peers
within the State and district where the
crime is alleged to have been committed.
and would deprive him of property and
rights without due process of law.
THE member from Utah therefore asks
the committee to stop its present proceed
ings and consider the prima facie right of
the representative from Utah to be sworn
In as a member of the House of Represen-
tatives of the Fifty-sixth Congress-.
GAS to protests by certain sectarian
ministers from Utah. Roberts holds that
the committee ought not to consider them
for the reason that the affidavits presented
by them bear dates as follows: Thomas j.
Randon. Feb. 10. 1899: Ray T. Bandon. Feb.
Is. 1899: Luella Z. Miles. Feb. q, 1899; Mrs.
Marie +. McDougal. May q, 1859; the dates
being several months prior to the departure
of the representative from Utah for the
East. For more than a year after the
charges began to be made against him the
member from Utah was IN and about Salt
Lake all the time. and seven months after
the Bandon affidavits We're drawn up by A.
T. Schroeder; and therefore said profess
tants had ample time to institute proceed
ings before the courts OF Utah. which were
and are open for prosecution of the charges
made in the past. If the protestants have
sufficient evidence they should have estab-
lished the guilt of the member from Utah
as TO the misdemeanor charged and come
here with a court record establishing their
charges, although the question would still
be debatable as to whether the INSIDE
meanOr alleged. If proven, would be suffi-
cient to bar him from the House; and on
that subject the member from Utah has
already expressed his belief and presented
argument. The member from Utah again
asks that he be allowed 10 take the oath
of office"