The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-06

conviction for crime was power inheren
Z in, soverDu1ent irrespective of the consti
tuition. He cited several cases to show
that ss punishment for crime the legisla
ture had ample authority to disquaiify
man from holding Office
When Mr.. Tayior began to speak, Mr..
Roberts left the seat he had been occupy
ing aud took a seat near the main aisle
where lie could hear with greater ease
Throughout Mr.. Taylor's remarks he sal
facsag his acouser, except when he turned
20 his desk TO take notes OF the points tc
which he desired 10 reply
Continuing, MIR, Taylor read from a de-
cison OF the supreme court defining polyg-
amy which stated that irrespective OF
whether man had contracted plural
marriage after the passage OF the Ed
munds act and irrespective OF whether
he had since cohabited with. a plural wife,
he was guilty OF polygamy II he still main
tanned the relation OF husband 10 more
than one wife. Referring again TO the
two proclamations OF amnesty he argued
that the claimant was N no better posi-
ton than he would have been had no such
proclamation issuea. But higher than the
civil law was law OF civilization which
demanded that one so tainted should be
excluded. For opposing the higher law
a member was answerable only to his con-
science, his country and his constituents.
There were precedents for such AN appeal
to the higher law. He cited the case of
Whittemore. who had been guilty of sell
ing cadetships and who, upon his appear
ance at the bar of the house, WAS
jected as UNIT TO sit in the house. The
power and right were inherent said Mr..
Taylor. 1t was only question OF pro-
priety, of wisdom and % precedent. In all
his investigation and study of proeedents,
Mr.. Taylor said he had failed to find a
single case where the house had he5itated
TO assert upon proper occasion its right
to hal. member ut the door when his
qualifications for a scat were questioned.
He quoted from "Mccreary on Elections"
in support OF his argument. He reviewed
the case Of Proctor Knott. Boyd Winches-
ter and John II. Rice OF Kentucky. who
had osen stopped at the oar of the house
on the ground that they were disqualified
BECAUSE they had been disloysl.
I'VE are told" said Mr.. Taylor in con-
tiDuatiun. his voice ringing clearly. that
VIC are about TO create an unhappy prece-
dent. Why. Mr.. Speaker, We are doing
this in the omen gaze OF the whole world,
not in a clo= tered court We are the
servants OF The people empowered to do
the right as we sec IT, The public eye
is upon us the public conscience ques
tons us In that presence We can do no
wrong II we do but obey it,"
Mr. Taylor's concluding words were
greeted with storm Of applause both from
the floor and the galleries. Few demo-
Gratis. however. Joined In the applause
Mr. Richardson. the minority leader. fol-
lowed Mr.. Taylor. He did not intend he
said, to discuss the merits of the ease.
Tho question at issue was as 10 whether
Representatiye-elect Roberts had a prma
facie right % his seat. He was not will
ing to reject representative elect who
appeared at the bar OF the house with his
credentials in due form II he was de-
MED Admiration precedent would be Gre
ated which would rise TO plague the house
in years 20 come. The reasonable con-
stitutional objection against ths member
relative TO his naturalization MIR Rich
ardsou asserted, would not hold He de-
ned the other side TO produce a single
precedent where objection was raised to
the administration OF the oath, except on
constitutional grounds. The precedents
cited were made during the war aud were
not TO be relied upon. In those daya the
consultation was written with the sword
They had all been since overruled after
the passions that followed the war had
subsidized. Mr.. Richardson declared tho
minority was in nowise bound ny hj posi-
tion. He spoke for himself alone lie
was willing 10 say that II the charges
dSslISl Abt iuthDeE-eiecl were proved ne
should favor his expulsion. If there Is
ore thing the American people are a unit
upon he said. at il that ne American
nome shall be preserved in ali It's love-
illness, sweetness and purity. (Appiause).
But" he proceeded. at is not wise to per-
nit our Judgment to be warped by public
elamor. To do so amounted 10 condem-
nation without trial" Mr.. Richardson
then brought forward several precedents
IN suppor' % his position The first was
the ness Of George Q. Cannon. who ap-
PeSred ia the house As a delegate elect
from Utah in 1873. Mr.. Cs-inon
was republican. Almost iden-
tically the same charges now made
against Mr.. Roberts were made
against Mr.. Cannon. He read from the
speeches G; S. :. Cox or New York aud
other prominent democrats opposing de-
nying seat to Mr.. Cannon on the ground
ii woul' osts bIifh dangerous precoudeut
and produce chaos IN the future. Those
democrats" he seid rose above party
prejudice and stood by the constitution
and right" Democratic applause He
also cited the case al RAINY, colnred ra-
publican. from South Carolina IN the
Forty NTH congress, where the democrats
had insisted that he should have tho oaih
administered to him. He also quoted the
late President James A. CARRIED in sap
port OF his contention that where croden-
tails presented are regular IL form. there |
is TO power In the house to exclude him, |
Richardson read the words OF Mr. Garfield |
tt