The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-10
ROBERTS LEGAL ARGUMENT.
GAVE FoUR REASONS AS TO WHY
HE SHOULD BE SEATED.

Alleged a Violation of His Constitu-
tionaI RiEhts-Crime, Even III
Proven, He Says, Is Not Sufficient
to Deprive Yim of His seat-An Op-
pOnent Told of Roberts Three
Wives-They May 3e SUMMONED to
Give Testimony.
Washington, Dee. 9.--The constdera ton
Of the case of Mr.. Roberts of Utah. was
resumed at 10 o'clock this morning by the
House Investigating Committee, Mr.. Rob
erts being present to plead to certain spe-
cihc interrogatories. which had been
framed The proceedings continued to be
behind closed doors.
Mr.. Roberts was first asked if he con-
eeded the existence of the court record
wherein he pleaded guilty In 1889. under
the Edmunds-Tucker law. This he con-
ceded.
He was next asked whether about 1889
or since 1890, he had married plural wives.
and had lived in polygamous relations In
violation of law.
To the whole of this charge Roberts
pleaded not guilty, and then demurred to
the jurisdiction of the committee for the
following reasons.
First. On the ground of violation of
constitutional rights in that 1t attempted
TO try him for crime without present.
ment of indictment by grand jury, and
without trial before jury and due press
Of law.
Second. That It was an attempt TO de-
prlve him of his vested property that he
held in the emoluments of an office for the
full term.
Third. That the only evidence that could
be rightfully considered In the committee
was court record establishing the guik,
confessed or proven, of the representative
elect, and that the committee has no right
to consider any other evidence.
Fourth. That the crime alleged namely,
that of unlawful cohabitatlon, even IL prov
en-, would not constitute a sufficient crime
to bar a member or deprive him Of his
seat, because innocence of polygamy or
unlawful cohabitation is nowhere enumer-
ated In the constitution as a qualification
for the Office of member of Congress-, nor
is it named in any United States law ap-
plicable to Utah or any other state.
Mr.. Roberts argued these points for
nearly two hours, referring 10 law books
and answering queries II was legal
controversy throughout, the facts not be-
ing gone into at length. Mr.. Roberts con-
cluded by asking that his prifna facie right
TO a seat be at once considered. as the
present status denied to a sovereign state
representation in the House at a time
when Injurious legislation affecting that
state might take place.
Many at Public Hearing.
The first of the public hearings in The
case began at O'Clock. At the hour the
committee room was crowded with mem
bers,. representatives of the press and a
delegation representing the Gentle ele-
ment of Utah. Mr.. Roberts sat at the
foot of the long committee table, with doc
uments piled up before him. His eecre-
tary was near at hand, bringing him books
and other data of reference.
Chairman Tayler announced that per-
sons who had participated in framing the
charges were present and he asked that
they be heard.
Mr.. A. r. Schroeder, one of the Gem
tile delegation from Utah, said IL could
be established that Mr. Roberts had main
tanned and Is now maintaining the status
Of polygamist; that in 1889 he pleaded
guilty of unlawful cohabitation and had
since that time continued In that rela-
ton.
Specifically, Mr.. Schroeder said it could
he established that there had recently
been born children to his polygamous
wives among them being twins born to
Celia Dibble Roberts, the reputed second
wife of the congressman-elect. These
children were reported to be born, he said,
Aug. II, 1897 and until this morning, he
had understood were acknowledged by
Roberts as his.
1t could also be shown that he has been
holding out DR.. Maggie Shipp Roberts as
a wife and is now maintaining the status
of husband toward her: that during all OF
these times he had living a lawful wife,
Louisa Smith Roberts, who also has
borne him children
May summon His Wives.
1t is understood that the opposition to
Roberts has suggested that the wives
with whom he Is alleged to have maintain
ed pogygsmous relations, he summoned as
witnesses. The first wife, It Is said, would
be exempt from testifying against her
husband, as she has a legal status as wife,
but this exemption would not extend be-
yond the first wife.
A subcommittee, consisting of Messrs.
Morris, Littlefield and Miers. has been ap-
pointed to get up forms of subpoenas, etc,
in connection with the summoning OF wit
nesses.
The public hearing went over until
Tuesday morning at 10 O'Clock, and the
committee held private session.
Mr. TayIer said after the executive ses-
sion that the committee was considering
whether It should go to Utah or have the
ard that no Harfafog,