The times., 1899-12-11
MONDAY. DECEMBER II. 1899.
Rohert. nnd His stntus.

Roberts and His status.
Il is most pleasing evidence of the
results Of a change IN the Democratic lead
ersbip OF tbs House of Representatives that
q, the first clash between the parties on
The floor. Mr.. Richardson has succeeded
iu putting the Republicans in an attitude
which they are practically compelled TO
admit is iudefensibla
Demoralized by popular waves Of ex-
element and hysteria, and with timid eyes
looking back over their shoulders at clam
orous home constituencies, they have besn
scared and prodded into the political blum
der OF denying to a legally elected mem
Der his seat and TO one Of the States Of
the Union its constitutional representation.
Whatever hereafter may be proven as 10
Brigham II. Roberts unhtness 70 remain in
The House is not pertinent 10 the present
situation He was regularly elected to
Congress. and, by virtue of that election,
appeared in his place as the sole repre-
sentative OF a sovereign State. He WIS as
much entitled to be sworn in on his ap-
pearsnce as was Speaker Henderson, Mr..
Richardson, Mr.. TayIer. or any one Of the
other three hundred and ffty-three mem
bers 10 whose seating no objection was Of
ferea.
There is not a lawyer on either side Of
The House who dos not know that the
vote denying seat 10 Mr. Roberts, who,
On the strength Of his credentials. and in
The utter absence Of proof that he was not
legally elected. and was at the time OF such
election not citizen Of the United
States Of proper age, was an mex
cusable and dangerous mistake, and not
that alone but violation Of at least the
spirit Of The Constitution. There is not a
Republican lawyer in the body today who
does not realize this fully, and who would
rot If he could or dared recall the hasty
action in question. The best indication
OF this is found in the evident foundering
Of the Tayler committee and its obvious
desire 10 find some way to avoid the final
establishment of a precedent in principle
100 subversiye Of one Of the chizf safe
guards thrown around our scheme Of rep
resentative government to be tolerated
without menace TO the whole fabric.
We are not arguing the case Of Roberts,
except as il happens TO be incidental 10
The greater one Of institutional integrity
against public ouJery. II the evidence that
The present claimant is in fact a poIyg-
snist and as such is a criminal in the eye
Of Anglo Saxon civilization and American
law. there should be no trouble whatever
il securing the majority necessary 10 ezpeI
him from Congress. But assuming his
cTiminaIity, he still has initial rights, and
so has the State which has commissioned
him ITS representative. 1t is no answer to
this proposition TO say that polygamy is
such moral atrocity that one guilty Of il
should not be allowed to take a seat in
Congress no matter how legitimate his
claim TO one may appear under the forms
of law and procedure adopted and designed
10 cover the cases Of all members-eIect
alike II Roberts OF any other recognized
member-eIect were chargeabIe with crimes
or subject 10 disabilities the law and the
rules provide means for their judicial as
certainmeut and power 10 expel one found
unfit for membership But. in the mean
time. that respect which is due to a cor
stiluent American State demands that its
acts and credentials. when regular on their
face. shall have credit and acceptance.
Ia short. while there is apparent ground
for the belief that Brigham II. Roberts
should not be allowed 10 hold his seat in
the House OF Representative for a single
day after taking it, there is no doubt
whatever that be is entitled to be sworn
in as a member. and TO be heard in his
own defence from his seat on the hoor on
motion to expeI him. In any event. il is
perhaps not improper to warn the House Of
Representatives that il needs TO be careful,
in trying to Keep negligible Mormon our
that it does not al the same time violate
the Constitution Of the United States.