The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1899-12-06

Resolved, That without expressing
any opinion as to the right or propriety
of his retaining his seat in advance
of any proper investigation thereof, the
said Brigham H. Roberts is entitled to
be sworn in as a member of this House
upon his prima facie case.
Resolved further, That when sworn
his credentials and all the papers in
relation to his right to retain his seat
be referred to the Committee on Judic-
larry, with instructions to report there
on at the earliest practicable moment
Tayler then opened his speech in
favor of the adoption of his resolution.
He would not urge its adoption, he said,
were he not prompted by a high sense
of duty. The Constitution was com
sistent, he continued, if it was con-
tended that the limitations it imposed
were not to be added to. The power
of Congress to halt the claimant at the
door, he insisted, was clear. The in
eligibility created by conviction for
crime was a power inherent in govern
ment irrespective of the Constitution.
He cited several cases to show that as
punishment for crime the Legislature
had ample authority to disqualify a
man from holding Office.
When Tayler began to speak Mr..
Roberts left the seat he had been occu-
plying and took a seat near the main
AISLE where he could hear with greater
ease Throughout Tayler's remarks he
sat facing his accuser, except when he
turned to his desk to take notes of the
points to which he desired to reply.
Continuing, Tayler read a decision of
the Supreme Court defining polygamy,
which stated, irrespective of whether a
man had contracted a plural marriage
after the passage of the Edmunds Act,
and irrespective of whether he had
since cohabited with a plural wife, he
was guilty of polygamy if he still main
tanned the relation of husband to more
than one wife.
Referring again to the two procla-
nations of amnesty, he argued that the
claimant was in no better position than
he would have been had no such pro-
clamation been issued. But higher than
the civil law was law of civilization,
which demanded that one so tainted
should be excluded.
There were precedents for such an
appeal to the higher law. He cited the
case Of Whittemore, who had been
guilty of selling cadetships, and who
upon his appearance at the bar of the
House was rejected as unfit to sit in
the House. The power and the right
were inherent, said Tayler. 1t was only
a question of propriety, of wisdom and
of precedent. In all his investigation
and study of precedents, Mr.. Tayler
no hod foil cd To find a
where the House had hesitated to as
sert upon proper occasion its right TO
halt a member at the bar, when his
qualifications for a seat were ques-
toned He quoted extensively from
"McCreary on Elections" in support Oh
his argument. He reviewed the cases
of Proctor Knott, Boyd Winchester and
John M. Rice of Kentucky, who had
been stopped at the bar of the House
on the ground that they were disquall-
fed because they had been disloyal.
I'VE are told said Mr.. Tayler, in
conclusion, his voice ringing out clearly
that we are about to create an un-
happy precedent. Why, Mr.. Speaker
we are doing this in the open gaze or
the whole world, not in clustered
court We are the servants of the peo-
pie, empowered to do the right as we
see it. The public eye is upon us, the
conscience uuickens US. In that pres
ence we can do no wrong if we do but
obey it,
Taylers concluding words were
greeted with storm of applause, both
from the floor and the galleries.
Richardson, the minority leader, fol-
4 into ND
said. to discuss the merits of the case
The question at issue was as to whether
the Representative-elect, Roberts, had
a prima facie right for his seat. He was
not willing to reject a Representative
elect who appeared at the bar of the
House with his credentials in due form
If he was denied admission a precedent
would be created which would rise to
plague the House in years to come
The only constitutional objection raised
against the member ELECT related to his
naturalization, and that, Richardson as
serted, would not hold.
He defied the other side to produce
single precedent where objection was
raised to the administration of the oath
except on constitutional grounds. The
precedents cited were made during the
war. and were not to be relied on
Richardson declared that the minority
was in nowise bound by his position
He spoke for himself alone. He was
willing to say that if the charges
against the member-elect were proven,
he should favor his expulsion
IF there is one thing the American
people are a unit on, he said, 1T is
that the American home shall be pre-
served in all its loneliness, sweetness
and purity" (Applause)
But" he proceeded, ''it is not wise 10
permit our judgment to be warped by
public clarnor. To do so amounts to
condemnation without trial"
Richardson then brought forward sew
eral precedents in support of his posi-
ton.
Roberts himself took the floor in his
own defense, after Richardson had con-
cluded. He occupied a conspicuous
place Immediately in front OF the
clerks desk. Several legal documents
were piled up in 'front.' and bunch OF
carnations lay on his desk. The most
interest was manifested as he arose.
Members crowded about but were COM
pelled to return to their seats. IN"
galleries were hushed. The occupants
leaned over to listen, eager to let no
word escape.
Roberts first sent to the Clerks desk
and had read his naturalization papers.
He then began to speak. HIS voice
was soft and low, but his enunciation
was distinct, and in the stiffness could