The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1899-12-06
THE CASE OF MR.. ROBERTS.

The Outlook for November IS, con-
tains a leading article on the case OF
Mr.. Roberts, the Polygamous Con-
gresham, which puts the duty of de-
nying him a seat in the House III a
clear light. The Outlook takes no the
two legal questions involved: Has
the House any Constitutional author
iJy TO exclude Roberts?' If so, are
there adequate grounds for his exclu-
sion?"
| The two provisions of the Constitu-
ton which bear directly on the Rob
erts case are Article |, Section 2,
which declares that mo person shall
be representative who shall not have
attained TO the age of twenty-five
years, and been seven years a citizen
Of the United States, and who shall
not, when elected, be an inhabitant of
that State in which ne shall be chos-
en- and Article /, Section ). which
provides that leach House shall be the
judge of the elections. returns and
qualifications of its own members .
The protagonists of Roberts insist that |
under these provisions he has a right |
to hold his seat, being able. as he is. |
TO meet the stated requirements. That
is TO say he is twenty-five years old.
has been a citizen of the United States
for seven years, is a resident of the
State he claims TO represent and has
been duly elected by that State.
In rebuttal the Outlook properly in
sists that the United States Constitu-
ton is not TO be interpreted as though
there were no precedent history. 1t is
an outgrowth of the unwritten organic
law OF Great Britain which makes the
House OF Commons the sole Judge of
the qualifications of it's members.
This privilege was not surrendered by
the Trainers of the federal Constitu-
ton but it was added TO as respects
elections and returns and only modi-
led as regards the Constitutional pro-
visions quoted. This view. the Out
ook holds, is confirmed by the pecu-
lar language of Article I, Section 2,
which does not say that any man may |
De Representative who is twenty-five {
rears OF age, etc.; it says that no man :
shall be Representative unless he is |
years of age. etc. Neither c
House can admit men who do not pos /
;ess these qualifications; il does not e
ollOw that it cannot exclude men who i
ire. in its judgment. otherwise dis /
Qualified Suppose admission should Il
,e claimed by Representative afflict- 3
d with an incurable, loathsome, and I
Infectious disease, as leprosy for exam v
lie; must he be admitted? Suppose a J.
state or States should attempt TO break Q
Up the Union of States, and for this n
purpose should elect Representatives n
Who should come to Washington for p
he avowed purpose of aiding in this p
Ittempt; must they be admitted to a
hare in the councils of the Nation?
suppose the State of Missouri should n
end up Jesse James. a convicted felon, C
IS a Representative, must the House fl
stAGAI AAON NAShSeS'huAhS IAiO YIN Z
eded fact that he was still directing "
he operations of his gang of train rob- s
'ers? Must the House admit such n d
and trust 10 the ability a
fterward to eXpel him by a two-thirds e
-ote?" The point is well-taken and if A
| has not heretofore been established s.
" American precedent that is because II
Congress has not often been inflicted
nth members who deserved exclusion.
But precedents may be set up at any n
lme without the necessity of looking d
Dr. anterior ones. Lei
Now as to the propriety of keeping I;
Ir. Roberts out we have a definite ca
-arrant for it in certain established ii
acts The Utah Representative-elect o.
lade himself ineligible to holding Of n,
ce under the United States by con- W
racting a polygamous marriage after ia
ne passage of the law of 1882 forbid Fl,
ing such unions; he did not become s,
ligible under the amnesty proclama-
ons because he neglected to comply
18th their rules. He made himself sc