The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-17
MR.. ROBERTS AND CONGRESS.
fspeciaI Correspondence.l

Washington, D. c., Dec. 1S.-John III.
Hazelton, a prominent New York at
torney. has letter in the Washington
Post. reviewing the action of the house
in the Roberts case. He says:
The Roberts case presents three queS-
tons:
First-ShaIl the house of representatives
refuse to seat him as me-nbsr?
Let us see what is the law. l ne con-
Stitution provides:
Each house (of congress- shall be the
judge of the elections returns, ami quail
fications of its own members.
The word qualification. IS here used,
however. evidently does not mean physl-
cal. mental or moral qualifications; II
been set out heretofore specifically in the
constitution itself. viz:
No person shall be a representative who
shall not have attained the age of 70
years. and been seven years citizen of
the United States, and who shall not,
when elected. be an inhabitant of that
state in which he shall be chosen.
If Roberts conforms to these qualifica-
lions. therefore. and If the returns pre-
sented to the house show him TO have
been duly elected. he has a right-so far
as the house is concerned-to his seat.
Were the house. under such circum-
stances, TO refuse the seat to him. ii it.
self would break the constitution.
Second-Shall the house of representa-
tives expel him after seating him as
member?
Let us see what is the law The con-
StitutiOn provides:
Each house (of congress) may determine
the rules of its proceedings. punish MEM
bers for disorderly behavior and. with
the concurrence of two-thirds, expel
member.
This can have but one meaning. A men,
Der may be punished or even expelled,
but only for acts committed after he be-
came member and for acts in or con-
corning congress. In other words. the
jurisdiction of the house in this regard is,
as it ought to be, limited.
The constitution makes the legislative.
executive. and judicial departments
of the government separate and co-equal.
Though these must of necessity be close
ly bound together, each has its particular
sphere. The house of representatives
forms part of the Legislative branch,
whose functions are to enact laws. The
power tabove referred tor given to the
house to punish or even expel its MEM
bers was given simply as a means of
MISREPRESENTATION; mainly for the purpose
of enabling that body TO compel compli-
ance with its rules. Indeed. the house
members without proof of the facts be-
fore either itself or one of its commit
tees. and neither the body as a whole nor
one of its committees has. or ought to
have, the power to examine into COR to
find) facts of the character at issue. But
even if 1t or one of its committees had
such power. .polygamy is a statutory Of
Tense. and the Interpretation of statutes
and the punishment for the infringement
thereof lie. not with the house. but with
the courts-federal or state-as the stat
ute is federal or state.
Third-If. then. 1t is thought that Rob-
erts has broken statute. and the house
of representatives cannot of itself take
any action. what can be done?
We answer:
a. Tho people themselves have one
remedy; they may defeat him at the polls
at the, rsxt election.
b. The representatives of the people. IS
already stated have a second remedy
Roberts may be indicted and, If found
guilty. convicted and punished. Such a
remedy has the recommendation that ii
leaves Roberts innocent until he is proven
guilty. and gives him a trial such as he
ought to have. No hearsay should be adj
mitted; all OF the facts should be weighed:
and all of the laws bearing upon the
question should be considered and con-
strued: Indeed, however much the court
may abhor polygamy or however danger
Gus ne may deem ii to the welfare of our
people tas We do ourselves) he should de-
eide only on the law and on the facts as
proven before him.
The efficiency of these remedies "a and
b.. however. we, OF course. admit depends
courts But we can proceed upon no other
basis The republic was. as all republics
must be. founded upon that principle. A
good republic cannot make good citizens
or good courts; but good citizens and
good courts. and those only can make
a good republic. When a majority of the
people themselves become corrupt the
republic will fall. The people are the
republic. But that tirae, we hope will
never come; and it will be far less apt
TO come IL the congress-which' ought
among the first to preserve the constitu-
not assume to itself powers
which belong to another branch of our
intricate government.