Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-12-09
THE ROBERTS CASE
Congressman Roberts Made a Speech
of Two Hours Before the House
Committee.
DENIES CHARGE AGAINST HIM
He Maintains That the House Has No
Right to Deprive Him of His Seat
Even If0harges Against Him
Are True.

w washington, december 9.-Ine CoH-
sideration Of the case Of Congressman
Roberts of Utah was resumed at III
o'clock this morning by the house in
vestigat ting committee, Mr. Roberts be-
ing present to plead TO certain specific
interrogatories which had been framed
The proceedings were continued behind
closed doors.
Mr.. Roberts was first asked If he eoa.
ceded the existence of the coirt record
wherein he pleade. gut i, 1889 under
the Edmunds- Tucker law. This he con-
ceded. He was next asked whether,
about 1890 or since 1890, he married plu-
raj wives, and lived with them since
that time as wives To the whole Of this
charge Mr.. Roberts pleaded not guilty,
and then demurred to the jurisdiction
of the committee for the following rea-
sons:
/. On the ground of the violation Of
his constitutional rights, in that it at
tempted to try him for a crime without
the presentment of an indictment by
jury and due process Of law.
2. That it was an attempt to deprive
him Of vested property he held in the
emoluments Of office for full term.
3. That the only evidence that could
be rightfuly considered by the commit
tee was the court record and establish
ing his guilt, confessed or proven, as
representative elect, and that the COM
mittee has no right to consider any 9TH
er evidence.
4. The crime alleged, namely, that of
unlawful cohabitation, even if proven,
would mot constitute a sufficient crime
to bar a member or deprive him of his
seat, because innocence of polygamy or
unlawful cohabita ton is nowhere emu
merated in the constitution as a quail
tication for the office of member of con-
gress, nor is it named in any United
States law applicable to Utah or any
other state.
Mr.. Roberts argued these points near
iy two hours. 1t was a legal controversy
throughout, facts not being gone into
at length. Mr.. Roberts concluded by
asking that his prima facie right to
seat be at once considered, as the pres
ent status denied to a sovereign state
the representation in the house at
time when injurious legislation affect
ing that state might take place.
AT the conclusion of Mr.. Roberts
statement the committee held an execu-
tive session, and then adjourned until
p. m. The chairman announced that
the subsequent meetings will be open,
and the public was given the official
stenographer's reports of this mornings S
session.
At the afternoon session A. T. Schroe-
der, one of the GENTLE delegation from
Utah, was about to address the commit
tee, when Roberts, waving his hand in
protest, said: II object to this witness If
he comes here as an attorney. l object
to him if he comes as a witness, on the
ground that he is unworthy of conf
dence, and because he is a common
swindler. And 1 propose to establish by
the records of the supreme court of
Utah that he is utterly unworthy Of be-
lief" After some explanation Schroeder
was permitted to proceed.
Schroeder declared it could be estab-
lished that Roberts Is now maintaining
the status Of a polygamist; that chill =
dren have been born recently to his
polygamous wives, among them being
twins born to Celia Dibble Roberts, Au
gust II, 1897. 1t could also be shown,
he said that Roberts has been holding
out that DR.. Maggie Shipp Roberts was
his wife, while he had a living, lawful
wife in the person Of Louisa Smith Rob-
erts. After Roberts demanded from the
committee a ruling on his demurrer and
an opportunity to present authorities,
the public hearing was adjourned until
next Tuesday.