Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-12-06
First Committee Hearing on the
Roberts Case.
FORM OF PROCEDURE UNDECIDED
Likely That the Sessions viii Be
Public.
WHAT MIR. TAY LER SAY S

The committee appointed to investigate
the Roberts case has been called to meet
at IL O'Clock tomorrow. Mr.. Tayler the
chairman, said this morning that he had
not yet thought over the question of form
OF procedure in the committee the num-
Der OF witnesses to be examined or how far
the committee would go in taking testi-
mony. The committee. he said. would hold
an executive session tomorrow to consider
and decide upon the course of procedure
and until then nothing could be known as
to the method and limits of the investiga-
ton.
Laying Out Program.
The committee will meet in the room of
elections committee No. l of the House
The first meeting will be devoted to lay
ing out a program of work.
1t is probable that Mr. Roberts will he
present with counsel at the subsequent
sessions OF the committee.
Demand for Public HEARINGS
While nothing has been decided yet. it is
probable that the public pressure will be
so great for full reports that the commit
tee will feel constrained to have all the
sessions open to the press
Mr.. Tayler thinks tnat the committee will
act eXpedltiously and bring in Il report
upon the case without unnecessary delay.
May Appeal to the Courts.
1t is said that Mr.. Roberts, if deprived
OF his seat without the form of expulsion
VIII carry the case to the courts and at
tempt to get a judicial decision on the
ground that his constitutional rights We're
abridged in that he was not permitted to
take the oath.
Not to Leave the City.
There are number of witnesses in Wash
ington and some in Utah. but it is proba bic
that the committee will not leave Washing
ton, although there are some precedents for
extending an inquiry to other points
Mr. Tayler said the arguments in election
cases We're usually open to the public. but
ne mad som" doubt as to whether the
hearings. particularly such parts as in
NolVed family matters, should be open.
These details will be determined by the
committee, Mr. Tayler saying that the es-
sential question was to secure calm and
unprejudiced consideration of the eligibility
of the claimant.
Must Prove Innocence.
In spite of the protest of Mr.. Roberts
against being required to prove his own in
nocence, this is exactly the requirement.
that will be made of him
Some of the best lawyers in Congress
among them members of the minority who
are opposed to Roberts being denied his
right to take the oath, hold that the aIIega-
tions against Roberts being of the char
acter they are, it is incumbent upon him
to disproVe them This apparent reversal
of the theory of law that a man accused is
innocent until convicted is based upon the
of law that where by the nature
of the charges the knowledge of the fact
must of necessity rest only with the ac-
cuSed the accused may be made a witness
against himself.
The facts in the Roberts case are so much
a matter of general understanding that it
is anticipated that they will be assumed nv
the committee, unless Mr. Roberts presents
evidence to disprove the allegation or
himself declares under oath that he is not
guilty Of continuing the practice of polyg-
amy.
The Fact to he Ascertafned
The fact to be ascertained by the COM
mittee is simple one of whether Roberts
has maintained his poyeamous relations,
and he will be expected to answer as to
this fact under oatn. If he denies it the
committee will have 10 extend the inquiry
SO as to ascertain the truth or falsity of
the denial. If he admits the fact, how
ever he may attempt to justify 1t, it Is ex-
pected that the committee will find it un-
necessary to go further into the investiga-
ton, and will make it's report to the
House adverse to his being seated. In this
event it is dc ubtful if there will be a minor
ity report. and there may not be one in any
event. If Roberts refuses to testify under
oath as to whether he is maintaining po-
lygamous relations 1t is believed that the
committee will regard this as equivalent
under the circumstances of the case to a
confession and as sufficient basis for re-
port adverse to his admission a member
OF the House. Legal precedents for the
sumption will be presented to the commit
tee.
MIR. Roberts About the House.
Mr.. Roberts was about the House dur
ing the day. There was no session, and
he was engaged most of the time in chat
ting with groups of members and visitors
who showed d friendly disposition toward
him. He said he had no comment to make
on the course of the House. He will prob
ably look after his interests in person be-
fore the committee of inquiry.
The Pay of Representative Roberts.
Whether the pay of Mr. Roberts of Utah
is stopped as result of the action of the
House in refusing him a seat has not been
passed upon by the House officials, and
will not directly arise until the January
pay certificates are issued by Speaker Hen
derson, by which time it is expected that
the case will be permanently settled. Mr..
Roberts drew his pay up to December 3,
the day before Congress assembled, on the
certificate of Clerk Mcdowell that he was
a member-elect. With the opening of Con-
gress the Issuance of certificates devolves
on the Speaker, the monthly certificate
reading that there is due the member "a
stated sum 'as a member of the House of
Representatives of the Fifty-sixth Con-
gress." Whether this certificate could be
issued to Mr.. Roberts "as member is
open to doubt, but it Is believed that the
final action of the House in the Roberts
case will remove all doubt before January
g. when the next certificates are issued.
A Proposed investigation.
Senator Rawlins of Utah presented res
olution today providing for a full invesu-
CATION of alleged polygamous practices in
the United States, and whether the Pres
ident has appointed polygamists to federal
offices.
1t was referred to the judiciary commit
tee.
Personal Mention.
Cant +. E. Chadwick. commanding the