The San Francisco call., 1899-12-06

farthest corner OF the hall. AS he got into
his argument his voice grew louder. until
on several occasions II rang out until the
echo.
Roberts began by sending to the clerk s
desk and having read copy of his nat
nraHzation papers, as he said that all the
documents In this extraordinary case
should be before the House He then read
a paragraph from "McCreary on Elec-
uons, containing general caution
against hasty procedure in election con-
tests. He continued:
Now. gentlemen. that is the statement OF one
whose book has authority in this country. And
II IL is the rule of the House OF Representatives
In cases that arise TO the dignity OF a contest
how Infinitely more should that rule be OBJ
served when a mere protest is made Against a
member who presents himself TO take the oath
OF office.
next proceed TO the consideration OF the
charges that are supposed TO justify what the
gentleman from Ohio CTaylor) himself comedies
10 be an unusual proceeding. and which my
friends on this side Richardson OF Tennessee)
mas demonstrated 20 be an unprecedented pro
ceeoing. The gentleman from Ohio bases his
charge upon = court record: that some twelve
years ago, IN the midst OF our conflict in the
then Territory OF Utah over the subject Of
po!ygamy, / pleaded guilty TO a charge Of mis-
oemeanor The gentleman seems 10 be oblivious
10 the fact that since the date OF his court rec
ord on this subject we have had two Presden-
tial amnestes proclaimed that have been ap-
piled TO men disqualified by the Edmunds-
tucker act. l understand gentlemen who were
lawyers TO admit this fact. and they Will GER
The gentleman from Ohio has court rec
ORD TO show that / was ever arraigned con-
demned OF crime whatsoever since the promul-
cation OF the amnesty proclamation OF the
President OF the United States. The gentle
man seems also 10 forget the fact that since
the confession OF that misdemeanor 10 which
he referred there passed by Congress
enabling act authorized by the State OF Utah
10 form State government. That enabling
act also had provision embodied IN IL that
qualified all citizens within the limits OF the
Territory 10 become citizens OF the United
States and was particularly framed 10 remove
the disqualincations and Disabilities which had
been created by the Edmunds-Tucker law.
The gentleman seems 10 forget also that the
State constitution OF Utah was satisfactory TO
the President and his advisors, and Utah has
been admitted as State into the Union and
has taken upon itself the responsibilities OF a
sovereign State declaring under its consttu-
ton who OF the people residing IN Its borders
shall exercise the elective franchise and be
qualified FOR office citizens OF that great
commonwealth.
The gentleman from Ohio says that ever
since 1889 l have been a persistent lawbreaker
in the State OF Utah. II that be true. let me
ask why it is was not punished for law
breaking. Certainly there was no disposition
not 70 execute the law on the part OF the peo-
pie OF Utah. Its administration was in the
hands OF non-Mormons. of those who had no
sympathy with men Of my religious faith All
the machinery OF the law was in the hands OF
Federal appontees. How is 1t that l could
be open and defiant lawbreaker and yet
escape the penalty OF law?
The gentlemans objection then is based not
upon court record, but upon afndaNits ana
And now as to the manner in which these
charges are made. II has been about fifteen
months since they began. since the Hepresenta-
tive from Utah was heralded throughout this
land defiant lawbreaker. And yet walked
the streets OF Salt Lake In open Gay; withln
easy reach OF the law. and my faults lay open
10 the law II were guilty Of transgressing:
Other were arrested before the courts OF
Utah and fined for the very offense al
legged against me. and yet no complaint was
made against me. No; IL did not suit the pur
Of " this
hand to vindicate the law quietly and by the
usual methods They desired particularly 90
have this case. upon which. apparently. 10
arouse the sentiment Of the country. Not until
my business called me East did they undertake
ment Of. or shortly after my departure they
began this agitation. resulting in the present
me- call your attention next 10 the fact that
the only charge against me. even by the pres
ent opponents Of the resolution is that OF
| l understand that the members OF Congress
are granted certain privileges while In attend
ance upon this House. II would be impossible
TO arrest any of the members on the charge
OF misdemeanor. And yet you would deny me
the privilege OF being sworn as a member OF
this House. upon the allegation OF the existence
Of some charge or other that l guilty OF
misdemeaEor. For the thing for which the
law itself could not lay hand on while in
attendance upon this House. you propose-I
speak OF the little coterie OF men who have en-
tered into this conspiracy to crowd this ques-
ton 10 the front at this particular time and for
the reason that they are fearful that IL the
"A
resolution 70 eNpel the member from Utah they
could not marshal the necessary two-thiris
vote 10 accomplish their purpose-to pass the
present resolution.
l understand. sir. that these imrnunities are
not given for the benefit of individual mem
bers. They are given rather as a protection
for his constituency. who are entitled 10 his
services their representative And there
fore. ] invoke the protection that is given 20 the
constituency of a sovereign State against the
proceedings they are instituting here to deprive
me OF the privilege OF being sworn in
member Of this House. Privilege. did I saw
sir? i am not asking any privileges In this
House. an not asking any favors OF the
members OF this House; Under the shadow OF
the constitution OF the United States / merely
demand. both for myself and for the people
OF my State. the protection that Is due us
and II is a demand-it IS asking favors
Great applause on the Democratic side and
In the galleries)
Roberts next called attention TO the
precedent in the Forty-third Congress I'm
the case Of Cannon, adding:
can add nothing to the force OF that gen
tleman's remarks. except this: that in the case
OF Mr.. Cannon the House was dealing with
Delegate from a Territory. not the Representa-
tive OF the people OF a sovereign State. They
were dealing with a delegate who was created
by q statute passed by the Congress OF the
United States And throughout the discussion
Il was alleged a reason for taking exceptions
10 him that they could do so because he wa.
unprotected by the provisions Of the constitu-
ton. And yet. sir. knowing he was but a crea-
tion OF law, still they admitted him IS a mem
ber upon the floor OF this House II is 10 be
remarked IN this connection that. strange O
say the course OF nature was not disturbed
Notwithstanding an alleged poygamIst was
permitted by the vote OF a Republican Con-
Eress TO remain upon the noor OF this House. II
oid not transpre, IL is said II did transpire
In ancient Rome little ere the mighty Julius
fell the grave stood not tenantless; the
sheeted dead did not stand and gibber in the
streets OF Rome. Why. sir. the sun was not
darkened nor was the moon turned TO blood
Actually. sir. the rain continued TO fall upon
the just and the unjust alike. daughter and
spplause.)
Gentlemen OF the Democratic party, some few
OF whom may perhaps tremble a little at the
thunderous objection that has been presented
as pretending TO voice the sentiment OF the
country upon this subject. / want to call your
attention TO another thing. and that Is that
notwithstanding a Republican Congress seated
this man. yet the Republican party really sur
vived It's action. Gaughter) Why, IL is here
to-day and believe. gentlemen OF the major
ity that II could survive even II II should seat
the present Representative from the State OF
Utah.
Proceeding he took up the charge that
Utah had broken her compact with the
United States by the election OF an alleged
polygamous Representative. IL that were
true, then Utah had simply followed the
illustrious example OF the present nation
al administration.
81 AFFIRM said he. that there is abun-
dant evidence that objections similar to
those in the present case were made to
the President and the Senate against the
appointment OF certain Federal officials
I'm Utah, but the objections were waived
Ia