The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-13
TO TAKE TESTIMONY TODAY.
Mr. Roberts Files His Brief With
Chairman of Committee.

chairman OF committee.
Washington, Dec. 1.-THE Roberts in
vestigation committee resumed its ses-
sion today behind closed doors. This, il
was explained. was To permit the COM
mittee to receive and discuss reports on
procedure, form of subpoena. etc Mean
time Mr.. Roberts himself and a gather
ing of Mormons and Gentiles stood out
side the committee door awaiting adj
mission.
MIR. Roberts was prepared to con-
tinue his argument on the demurrer tc
the right of the committee to try him.
The Gentle delegation was more nu-
merous, including the white-h haired Rev.
DR.. Tiff, Mr.. Schroeder, TO whom Mr..
Roberts interposed rather sensational
objections Saturday, and the others
who have come on from Utah to direct
the proceedings against him.
The committee remained in private
session until noon. when an adjourn
nent was taken until 10 o'clock tomor-
row, when the actual hearing of wit
nesses viii begin. Mr.. Roberts saw Mr.
Tayler as soon as the committee ad-
jouned and submitted his brief.
Mr.. Roberts brief is a lengthy legal
argument against the rights of the
committee. He urges that the constitu-
ton gives protection against trial with
out the process of law; also against
taking property, such as the salary OF
an office. without due process of law.
Mr. Roberts summary is as follows:
From the foregoing established doc
trines and rights OF members of con-
gress it follows that the proposed pro-
ceedings of this committe would be sub
versive of the rights of the member
from Utah.
Il. In that he is to be adjudged
guilty of crime without due process of
law.
- That he is to be adjudged dis
qualified by disabilities created by en-
actments OF congress and applicable to
the old territory of Utah. but not APP
plicable to the state of Utah. which dis
abilities have been removed fa) by
amnesties of two presidents: (b) by the
enabling act passed by congress; (c)
by the transition of Utah from a ter
iitorial condition to that of statehood.
"3. 1t further appears that the crime
alleged against the representative from
Utah does not constitute 2 disqualified
ton for member of congress, unless
the house and its committees are pre-
pared TO assert their power and right
TO add to the qualifica lions prescribed
by the constitution of the United States
I. And further the proposed proceed
ingS by this committee would deprive
tAc AAfNiAAbti llblAl 1ldn OF the CONSI-
tutional right to a trial by a court of
competent jurisdiction and by jury
OF his peers within the state and dis
trict where the crime is alleged to
have been committed and would de-
prive him of property and rights with
out due process of law.
The member from Utah. therefore
asks the committee TO stop its present
proceedings and consider the prima
facie right of the representative from
Utah to be sworn in as member OF the
house of representative of the Fifty
sixth congress.
As TO the protests by certain sec
tartan ministers from Utah, Roberts
holds that the committee ought not TO
consider them for the reason that the
affidayits presented by them bear
dates as follows:
Thomas J. Brandon, Feb. IS. 1899:
Ray T. Brandon, Feb. Is. 1899: Luella
p. Miles, Feb. %, 1899; Mrs Marie Z.
McDougall. May ~ 1899; all dates be-
ing several months prior TO the de-
parture of the representative from
Utah for the east.
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 Brandon affidavits
were drawn up by A. T. Schroeder.
and therefore. said protestants had
ample time TO institute proceedings be-
fore the courts of Utah which were
and are open for the prosecution of the
charges made in the past.
IF the protestants have sufficient
evidence they should have established
the guilt Of the member from Utah as
TO the misdemeanor charged and come
here with court record and bring
their charges, although the question
would be debatable as to whether the