Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1899-11-30
Why MI. Roberts will not take his seat.
committee on interstate and foreign COM

committee on interstate and foreign COM
merce.
This conference has been called by Repre-
sentative Hepburn. of Iowa, who has de-
voted considerable attention to the case
Among those who will participate will be
Representatives Payne. of New York; Dali
Zell. of Pennsylvania: Grosvenor and Tay-
lor. Of Ohio. Mr.. Taylor was the chairman
OF the committee on elections in the last
congress, to which were referred all the
petitions and protests against the seating
of Mr.. Roberts received before the adjourn
ment in March. At the request of Mr.
Henderson, he has been making a careful
study of the case and of precedents. He
is not willing to discuss it in any way,
however. at this stage of the proceedings.
Former Speaker Carlisle and Harry H.
Smith. the parliamentarian expert. two Of
the counsel retained to represent the op-
position to seating Mr.. Roberts, will pre-
sent the result of their investigations as
to precedents at Fridays conference. Mr.
Smith has made a careful and exhaustive
study of all the precedents since the foun-
dalton of the government. 1t has resulted
IN his reaching the conclusion that Mr.,
Roberts must be sworn in on his certificate
OF election. and that he can only be un-
seated by resolution of expulsion under
the constitutional power of the house to
expel member by a two-thirds vote. Mr..
Smith has found that there are in all sixty
cases on record in which attempts have
been made to prevent the swearing in of
representatives-elect and that the attempt
had failed in every case in which there
was not contest between rival claimants
of the suit
Mr.. Carlisle is expected in Washington
tomorrow. He will be accompanied by
President Strong and Secretary Tolman
OF the League for Social Service, which is
the organization that has engaged the
counsel to present the case against AIR
Roberts. Miss Helen Gould has supplied
I'M. tnis league with the sinews OF war which
mas enabled It to employ such an array of
nigh priced counsel as has been engaged
In addition to Mr.. Carlisle and MT. Smith
Former Senator Edmunds has been retain,
ed and retainers have been offered to form
er President Harrison and former Speaker
Reed. Mr.. Reed was forced to decline.
owing to the pressure of other business
from.
Representative Galusha A. Grow, of
Pennsylvania, the oldest member of the
mouse, former speaker of that body and
one of the best informed men on parlia-
mentary precedents in the United States,
said to-day:
III there are sufficient reasons to expel
a member from the house the same reas-
ons, provided they exist when the MEM
ber-elect appears to be sworn in, would jus
tffy the house in refusing to permit him
to take his seat. The house is, under the
constitution, the sole judge of the qualifi-
cations of its members
Representative Bailey, of Texas. arrived
here tonight, and says 1t is perfectly clear
to his mind that the swearing in of Mr.
Roberts cannot be legally prevented, in
view of the fact that he comes to congress
with the proper credentials and without a
contest formally made against him.
NEW YORK, Nov. 2s.-Former Senator
Edmunds, discussing the constitutional
rights of Brigham H. Roberts, OF Utah,
said:
The constitution fixes and describes the
qualifications necessary for a member of
the house of representatives. ! think the
house has no constitutional right to add
others. either affirmatively or negatively
and, therefore, think that If Mr. Roberts
was regularly elected, was of the requisite
age. resided in the state of Utah, and is
willing to take the oath prescribed by the
constitution, the house has no right to re-
fuse to allow him to be sworn in
1T is more dangerous to the rights and
liberties of the people for the house to set
up standards of admission not prescribed
by the constitution than to admit to be
sworn any person whom the people of a
state choose to elect. That done, the con-
stitution has itself provided for the house
ridding itself of any member who, upon
its owr conscience, 1t believes for any rea-
son ought not to continue therein"