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

reference 10 tue elhAlila 70 wv
gresham from Utah. Interest In th'
Presidents message was entirely over
shadowed by the debate on this ques'
ton. The plan to prevent his taking his
seat was shrewdly laid and promptly
carried out. II Is evident that II the
member-eleet had been permitted "a
take the oath Of Office and occupy the
seat to which he Is clearly entitled the
scheme to Dust him would have failed
This was admitted by Mr. Tayler OF
Ohio who led the attack and voiced
the wishes Of the millions Of people
who, without understanding Of the
facts in the case raised their voices
in concert against Mr. Roberts. He
asked
rs II wise n the acts be az alleged,
unless we are absolutely without power
20 keep Roberts out, to subject his case
60 the doubtful process OF eXpulsionf
Doubtful for two reasons inst be-
cause II requires the concurrence Of
lWo-AlliINr 10 fhiEl liitlf tN''hAf w
cause very eminent lawyers from the
beginning Of the government down 10
the present time. have taken the POSI-
tion that the House has no right 10 eX-
pei except for some misconduct while a
member, and relating to his office as a
member"
This accounts for the extraordinary
effort admitted to be unusual, TO deny
n seat in Congress to a member duly
elected, having the constitutional quail
ihcatlons and against whom there was
no contest Mr., Tayler claimed that
though this procedure was unusual, II
was not without precedents; but Meth
a. Of the cases which he cited as pre-
cedents bear any resemblance TO that
Of the member. elect from Utah.
The speech made by Mr. Roberts, a
pretty full synopsis Of which appears
70 be given by the Associated Press,
the text Of which win be found In an
other part OF this paper was brief
but concise statement Of his position
and one particular point he presented
covered the whole legal ground Of OBJ
lection urged by Mr.. Tayler. 1t was
this:
Tho Enablire Act passed by Congress
for the admission Of Utah as a State
Aunuiled by a repeating clause, all the
preceding Gets OF Congress relating to
the franchise OF citizens in Utah on
which Mr. Tayler placed so much reli-
once. Persons who were, under those
previous statutes, deprived OF the
right to vote and hold office, were res
tored ty the Enabling Act to the eX-
orcise Of those rights so far as being
permitted to take part In the organlza-
ton OF the State government and
framing constitutional provisions for
thu future exercise OF the voting and
oillce-holdiug power. That not only re-
moved all the disabilities Of the Ed
munds and Ldmunds-Tucker acts, but
rendered Unnecessary, so far as the
elective franchise was concerned the
provisions o, the amnesty proclama-
tions that preceded It.
There can be no doubt that many Of
the members who voted Tor the Tayler
resolutions simply yielded 70 the force
Of public opinion, and thrust aside the
rules Of the House. the constitutional
rights Of the member-elect. and their
own convictions Of the proper course 10
pursue. The doctrine enunclated by
Mr. Tayler was accepted and they
agreed most OF them, beforehand. 10
follow his lead. He declared:
we are the servants Of the people
empowered. thank God, under the Con-
sttution TO do the right as We see the
right, that Is the law 10 US. The pub
lie eye Is on us the pub
Tic conscience quickens us In that
presence and before such a Judge we
can do no wrong q We but obey H."
According TO that reasoning. the llml.
tations and restrictions Of the Const-
tuition Of our country amount 10 moth.
ing when popular clamor is considered.
What the people, or a large number OF
them, demand when agitatod by strong
prejudice and blind as TO actual facts.
Is to BE- paramount and the Constltu.
ton Is 10 be regarded as thing OF
naught It Is repetition Of the CRY.
The people are the Constitution now.
a.days."
Some Of the most thoughtful papers
oi the country have reached the con.
elusion after weighing both sides N
the question, that there is positively
no authority under the Consultation or
The rules Of Congress 10 justify the ex.
elusion Of the member from Utah from
mKlhs his seat though there may he
abundant reason for his expulsion ~.
"r"ard. They regard the eytabl,.b.
neh' Of a new method Of procedure as
dangerous precedent which VIII l..
eer,ain to arise some time TO ysx us
u'ho's. That no doubt is true But An.
sos'''he advanced by Mr. Taylsr ana
.n'orsed by the applause from ms Ia.
VI 'ne House Is stnI more daDgerops
Wv l'4usht with evil to this nation
b., va pOpui' when aroused to passion
a. a. osen proven by history to i. WOW
s'Aooh 1t Is also aokle and sblf,,nn
Va. WIND. Two scenes at ,hs ono.
plustrs, ,Ia christian era afford an apt
o. ~" ', Of this fact The voices
besrS "a - multitude which one day Were
o assra IN concert Blessed Is Ne @ ,sa,
s''ne'h In the name Of the I,o,5 ''' Ina. maj
p,'nl branches were strswn n -. WV" ,,.,,
u nun that rode in honor into NJ 'I pa, pam
Wv Gays later were raised in