Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-06

ward remain By reasons Of section 5
| ineligible 20 be member OF Congress
unless he was pardoned? II he was
guilty " polygaiaous oohabItation b..
| tween Nov. l. 1890. and the date Of the
| Harrison proclamation he was not per.
dOued by that proclamation.
This situation, assuming the fact,
10 pe az allesed, raises several ques-
tions.
"First-If Roberts was convicted as
stated. Is the burden en- him 70 aihrm-
atveiy bring himself within the en-.
| biace of the amnesty proclamation?
second-lf he was guilty Of polyga-
nous oohabtation after Nov. !, 1890. is
ne not without the benefit Of the proc.
lamatlon?
"Third-Ithe continues to b. the he's !
OF more than one family under his orig e.
! ina po!ygamou, marriage contract ar
Ter the lat Of November. $780, end
without po.ygamous Capitalization then
II he not q polysamist under the def.
hlN0n OF the Suppme court IN TIE case
OF Murphy vs. Ramsey?
'Fourth-Msy not he faots n estah-
llshod. and Independent Of airy law cn.-
atlng iHeliGbillty, iG0tify the House In
fct1sing admission 90 RobeTts2
'Fifth-Does rot the compact Great.
ca between the United Statc9 and the
state OF Utah by the proclamation En-
abling Act and Constitution Justify the
House IN refusing 20 admit a represen-
taiive from that Stale who IS today un.
der The deiiaitI9n OF the Supreme court
polyEamist?
"Six,h-May It not be that upon
car"tul examination Of the law Il would
De found that the claimant Is not a
cltztn Of ybe United States. and. IL hot.
OF course ineligible
"SeYenth-ls II wlse, II the acts be
as alleged, unless wc are absolutely
withou, power 10 keep Roberts out. 90
subject his case 10 the doubtful process
Of expulsion?
Doubtful FOR two reasons First, be-
cause u requires the concurrence Of
two-thirds- TO eXpel him. second. be-
cause very eminent lawyers from the
beginning Of the government down to
the present time, have taken the POSI-
ton that the House has no right to eX-
pei except for some misconduct while
member and relating 20 his office az
a member
In the Forty-fifth Congress. in the
Madison case, a committee by an on
but unanimous voice reported that the
House had no power mean and low and
vile as the character OF that man was
exhibited by bis conduct before that
time, 10 eXpel him. because It had no
rlgh' 20 eSpel man for that which
hsd occurred prior 10 his election 10
Congress"
Mr.. Tayler went into legal argu-
La a 81
Congress had the right TO hold Roberts
ineligible TO sit as member Of Con-
gress He contended that the language
OF the Constitution with respect to the
qualifications Of members Of the House
was negative in ITS character, and that
with Congress was left the right 20 add
to these qualifications.
He then cited as presidents for the
present course the cases OF Proctor
Knott, Boyd Winchester and John NJ.
Rice Of Kentucky. who were charged
with disl0yalty after the war, and con-
cluded as follows
MI. Speaker, We are told that this
viii make an unhappy precedent. Pre-
cedent. Why, what we do here We do
before the open and gazing eyes Of the
world, and We are at once dragged to
deeds We are IN no clolster court. We
are no statute-bound tribunal. We are
the servants Of the people: empowered,
thank God under the Constitution to
DO the right as we see the right. That
is the law 10 use. The public eye is IN
US, the public conscience qulckens US.
In that presence and before such a
judge we can do no wrong If we but
4 h..
slde)
The VOTE.
The vote was then taken, first on the
substitute, which was defeated-59-2i7.
The vote then REQUIRED upon the
adoption Of Mr.. Taylers resolution, the
roll being called upon the demand Of
the Republicans.
The resolution was adopted-SO2-
Those who voted In the negative were
as follows:
Adamson. Allen (Mlss.). Bailey Ball,
Brewer Burllson, Carmack. Cooper.
Dayey, Degraffenreid. Dinsmore. Fitz- |
patrick, Fleming Kitchen. Lester. Lew |
is Mcclellan, McCulloch. Maddox, Nor |
ton IS. e.. Rhea. Richardson, Robbins, !
Slayden, Small, snodgrass. Stephens. |
Turner, Democrats. Newlands OF Ne !
vada Sllverite; Loud Of California, Re- !
publican.
The speaker then appointed the fol- |
lowing members Of toe special commit !
Tee under the resolution:
Republicans; Tayler OF Ohio. chair !
man Lands Qnd), Morris Mimi, |
Freer CIV. Va, Lttleheld (Me), Nc |
Phorron Gal
Democrats; De Almond (Mo.). Lam !
ham CTex.), and Meyers Qnd.j