Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-11

rhs speaker
~ ..u,p from Utah viii be heard
-,'r was no objection.
poberts Of Utah. Mr.. Speaker |
~, The document which l now
t,o ,he Clerks desk be read
=. clerk read as follows
800 n citizenship, United States
america. Territory Of Utah, ss'
remembered, that on the 9Th
Il september in the year Of our
40 thousand eight hundred and
,.y.,vo. Brigham II. Roberts, late
Island in the Kingdom Of Great
hI al nresent Of Centeryille, IN the
49, eforesaid, appeared In the
riicial district court Of the United
~, m and Tor Utah Territory
\. ~, .onlIed TO the said court to be ad..
=. u ~ hpeome a citizen of the United
~ N America, pursuant 20 the d.
80 and requirements Of the sew
.c,s nj Congress in relation there
aud the said Brigham H. Roberts,
40 tbereupon produced to the court
~ evidence. made such declaration
"a rsnunciation and taken slch oaths
80. =, hy the said acts required, there
- n was ordered by the said court
n, 10 said Brigham II. Roberts be
s-,,tsl and he was accordingly ad-
800 by the said court, 20 be ciu-
-,f the United States of America.
I, testimony whereof the seal of the
"A s5uyt is hereupon affixed, this 9Th
Sg q September. IN the year one
sand EIGHT hundred and eighty-two
,siis tbe year Of our independence the
= hniredth and seventh.
i.sU A. c. EMERSON
N n, court Clerk.
NJ Niers Of Indiana. Mr. Speaker /
~ 10 a question Of privilege IN
t-oire seats some members were I'M
i,unate CROUCH TO be called late and,
IN only few seats were left were
.-bsled 90 take seats In front. Now,
nose gentlemen who were more for
rate win take the seats they selected
rl thus not obscure our view
The Speaker. That Is a question OF
llsf and gentlemen VIII please re-
ans their seats
NJ Roberts Of Utah. Mr.. Speaker.
occurs % me that the question now
k.E, the House Is most eXtraordin-
M one. and the discussion has al
rs5y been remarkable. Already at the
,.fks desk the credentials OF the MEM
N from Utah have been read. The
usiion Of his citizenship having been
| 'f.el upon the floor OF this House, |
Ought It proper that the prlma facie
nlence Of that citizenship should also
' rad.
Nog. sir following those two docu-
-snls. I wish to submit a citation from
8 recognized authority relative 60 the
Ms q the House In such cases, based
g,ol rs precedents for more than a
lgird years ! read from "McCrary's
law q Elections, chapter A.
Sc !0i Where two or more persons
cain the same Office. and where a
l!itial Investigation is required to set
d The contest upon the merits, II Is
eisa necessary 10 determine which Of
D. claimants shall be permitted 10
| qLlty and % exercise the functions OF
| De Office pending such investigation
\ he office were 10 remain vacant
ftang the contest II might frequently
hlpen that the greater part OF the
ltm would expire before It could DE
lied and thus the interests Of the peo-
might suffer for the want OF the
y1iccs % a public officer. Besides, II
% mere Institution OF a contest was
b deemed sufficient 10 prevent the
Nstrng In Of the person holding the
Hgal credentials, II is easy to see that
lai great and serious injustice might
Y done
Y This We're the rule. IL would only
heessary for an evil-disposed per-
~ 70 contest the right OF his success
~ nFal and TO protract the contest as
~ as possible. In order 10 deprive
y after Of his Office for at least part
The term. And this might be done
contest having little or no merit
nv side. for Il would be impossible
aseoyer, In advance OF an investlga-
~ me absence Of merit. And, again,
ne party holding the ordinary Gre
.'lu..s 70 an Office could be kept out Of
=. once By the mere institution Of a
aNst the organization of a legisla-
W. body SUCH for example, as the
a'.'e o. Representatives Of the United
A,sA might be altogether prevented
nsuIutihg contests against a ma
w VI the members, or, what Is more
y appTehended, the relative strength
willeal parties in such body
.su b changed by instituting
N'',s against members Of one
me other OF such par
These considerations have
% II necessary to ADOPT, and
,silhtie 10, the rule that the person
-lt lhe ordinary credentials shall
s.allied and allowed 20 act pending
mes al, and until a decision can b.
q wv gentlemen, that Is the statement
WV Who Is learned in the law Of
+,lohs one whose book is authority
a ~, ~ =, country. And " Il Is the rule
AZ, .~ nous 81 Representatives In cases
a,ise 70 the dignity OF a contest,
bnhl'ely more should that rule be
~, 'tu Ehen only a mere protest ~
80 against a member who presents
- 70 take his oath OF office?
"A. - proceed t0 the consideration OF
~. .n.iees that are supposed 10 Justify
Nv,us gentleman from Ohio mir.
~, NJ himself Comedies to b. an I'M
= M preceding, and which my friend
:. r sde' MI. Richardson. Of Tennes-
H.. sls Demonstrated 10 be an UNI
~, rented proceeding. The gentle
,,., - 'ipm OHIO bases his charge upon a
NJ word 10 the effect that some
49, years ago the member from Utah
drs.ea guilty TO the charge Of a mis-
d.isa,aof. The gentleman seems to be
srs ~ 70 he fact that since the date
\, a,esed court record on this sub.
So. nave had two presidential am
ga. pfoclalmed that have been ap-
rr,,e 70 men disqualified under the Ed
-,,los.Tucker act N Wv
hrs..lNe sIand-and gentlemen who are
..us VIII certainly appreciate the
ghv 'he lact-that the presumption
hssnr. y thal people keep the law. The
s,rl - p.lon u That they are innocent
Nrs,t sle proven 10 be guilty. This
hnsis however, win not reach the
"a ssee or Che sense Of Justice u
ntls, uastnan upon this floor. ana am
i.os, !, ppolnled 10 find that the gen.
,srlsv.s' ',m Tennessee, In quoting in
o ~, lI"m The Dress, did not refer
al. remark. ! refer 10 a remark
\ sno,s gentleman from Iowa. who
aySy ~ IA he press Of this city as
I'm MAJ unless the member-elect
b 49, Proves hls innocence, that
iises.a vote against himl
eat Sir, that the practice under