Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30
STATEMENT OF THE CASE.

a, The questions to be considered are
AZ nrlma facla and final right OF the
saembcr.eiect from Utah TO seat In
~ House Of Representatives, to which
~ was elected by vote which gave
lin ss5 plurality. II In n case In
,sbleh there Is no contest. and where 1t
sanears that the member-elect possess
~, MI the qualifications prescribed by
~. Conetitution; and there In no stat
s,e either In the State OF Utah or OF
me United States. applicable TO the
case. which discualliics the member
from Utah.
sxllnst allowing the member from Utah
taking his seat. alleging that he has
been living In violation Of n statute In
iftah. which defines his alleged offcnse
10 be q misdcmcanor. punishable by Il
fne Of $500. or by imprisonment for six
months In the county prison. or by
both fine and imprisonment In the dis
crptlon Of the court.
az The protestants come here with
no court record Of the fact OF the crime.
though II appears that ample oppor-
tunIty existed 70 far ms time Is con-
eerncd and the ability to reach the
handkerchief from Utah through the
courts Of the State. In the absence
OF court record establishing the al
legged fact OF mlsdemeanor. after trial
by due process OF law, the special
House committe undertakes to establish
the guilt OF Roberts OF the alleged mis-
demeanor BY the examination OF wilt
neaacs, TO which proceedings Roberts
protests and demurs:
Having conceded the facts established
By the record OF the United States Fed
cral court In and for the Third judicial
District OF the chem Territory Of
Utah. to-witi Roberts pleaded quilts
TO a charge Of n misdemeanor under the
- Al 4.
1853. but having pleaded not guilty to
all the other charges alleged against
him In the copy OF charges submitted
by the House committee. Roberts
denies the power OF the House. or this
committee. TO try him for the alleged
mlsdemeanor. and dcmvrs to the pro-
ceedings OF the commlttc. wherein II
contemplates establishing by testimony
either by witnesses personally exam
med or by affidavit, the alleged guilt or
Innocence OF the member from Utah OF
a mlsdcmeanor. namely; polygamous
living with allie :cd plural wives since
1850 and now.
The demurrer In based upon the con-
ien,ion that the committee has no Jur-
lsdictlon or right to act as court or
Jury. TO ascertain the alleged guilt Of
Roberts In the way proposed. as APP
pears from the following:
That the proposed proceedings OF this
committee to ascertain the guilt or In
nocence OF Roberts as TO his having
committed a misdeameanor In the State
OF Utah. VIZ: Unlawful cohabltation,
would be subversive Of his personal
rights as n citizen OF the United States
Guaranteed by the Constitution OF the
United States, to-wit:
~ That no person shall be "de-
80 .Atsf.s mill
out due process OF law" Cart. "
Amendment U. y. Constr
90 That "ln all criminal prosecutions.
the accused shall enjoy the right to
speedy and public trial by an impartial
Jury OF the state and district wherein
The crime shall have been committed"
TART vi, Amendment Constr
AZ 10 the first right here alleged 10
pc violated by the proposed proceedings
Of the House and this committee. the
contention is that Roberts has vested
property In the cmolumcnts Of his OF.
nee for the full term for which he was
elected: and II II here proposed to de-
prive him OF that property without due
process OF law. and by a tribunal who'll
" unknown to usual judicial procedure,
and In an Invasion OF the judicial
branch OF the government by the leg
hlative branch.
AS TO the second right here alleged
10 be violated by the proposed proceed
lngs OF the committee. II In contended
mat by seeking to ascertain by cx-
animation OF witnesses ms In criminal
Proceedings as to whether or not Rob
erts has been guilty OF n misdemeanor
IN the State OF Utah. such proceedings
are In eject criminal prosecution. In
which the accused IN not to be tried by
an impartial Jury. or by Jury at all;
nor In he to be tried either In the State
or the district wherein the crime In al
legged to have been committed: but. on
the contrary, In to be tried outside OF
the State and the district wherein the
crime In alleged to have been COM
mltted.
| quote from Paine:
1T Is one OF the chief merits OF the
American system that all the powers
entrusted to government are divided In
70 three great departments. and that
,he functions appropriate to the legls-
lative. executive, and judicial depart
ments. respectively, are invested In sep
arate bodies OF public servants. II Is
essential to the most successful, prac-
Veal working OF the system that the
lines which separate these departments
be broadly and clearly defined. and that
each OF them be restricted to the cxcr-
Csc OF Its own appropriate powers. In
the main. the Constitution OF the United
states, on which are modelled the fun
uhnenthl laws OF the several states.
has marked out, with great precision
and In bold lines the allotment OF the
power to the legislative. executive. and
judicial departments OF the government,
The constitutional provision that the
judicial power OF the United States
shall be vested In one Supreme Court
and In such inferior courts as Congress
may. from time to time. establish, IL a
virtual declaration that no judicial pow
er shall be exercised by Congress or
either OF Its branches. except In the
lew cases therein particularly specified.
An investigation. which In judicial In
us character. and relates to matters
wherein relief can only be had by
judicial proceedings. Involves the eNer-
else OF n power. which In conferred by
mo Constitution upon the judicial, and
not upon the legislative departments OF
the government The power exercised
by the House OF Representative. under
a resolution directing an inquiry into
the transaction OF certain dealers In
real estate, based on the recital that
insoivent debtors Of the government
were Interested therein. liz judicial
power. not conferred upon the House
by the Constitution. and the House can
not lawfully compel u witness to testi-
~ In such a case, or punish a refusal
to testify by Imprisonment for con-
tempt. The order OF the House, In such
case, declaring the witness guilty OF
contempt and commanding his impris-
onment. by the sergeant-at-0rms. af-
lords the latter no protection In an ac-
ZION for false Imprisonment"
Paine on Elections, iss. Edition. PIP.
IN sfl