Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-26

sentcd by any one whom the people sec
1T to elect, provided he possesses the
three qualifications required by the
Federal Constltution.--untll he shall pc
expelled from the House. II he has peen
guilty OF any misconduct. by the re-
quisitc wo-thirds vote.
ut In an Interesting fact that Nj. Rob
crts participated In the organisation OF
the Fifty-sixth Congress. so far as 20
vote Tor tho Democratic candidate TOT
Speaker. Tho Revised Statutes OF inc
United States provide that before the
first moeting OF each Congress the CLERK
or the next preceding House OF Repre-
sontativcs shall make roll OF the Rep
rescntntivcs.cicct and place thereon the
names OF those persons. ana or auch
persons only. whose credentials snow
that they were regularly elected IN ac-
cordance with the laws OF their stntes
respectively. or the laws OF the United
States. Alexander Mcdowell. the clerk
OF the last House, prepared roll OF
the now House In accordance with TINS
provision OF law, and unon that ron
appeared the name NJ brigham " Ron
orts Of Utah. The vote for speaker was
taken before any of the representa-
tlves-clcct wcre sworn In. After Mr.
Hendcrson's election. the oath ~ oiilce
was administered TO him by MI. llar-
mer OF rennsyivania, the Representa-
tive longest In continuous service, ana
the speaker then proceeded TO admin
lister the oath To the members nni dele
gatcs-cicct. who presented themselves
In front OF the Speakers desk. as their
names were called by states and Terri
tories.
"The swearing In Of the Speaker and
Representatives ~ regulated 10y this
provision OF the Revised statutca the
substance Of which was originally en-
acted In 1850:
"'At the nrst session Of CONGRESS nf-
ter every general election of I,eprcscn-
tatives. the oath OF office shall be adj
minintcrcd by any member OF the House
OF Representatives to the Speaker; and
by the Speaker 10 all the members and
delegates present. ana TO the clerk.
previous to entering on any other bust
ness; and to the members ana dele
Gates who nftorward appear. previous
to their taking their seats
"ftrictiy speaking. the requirement
that the Speaker shall be sworn In by
n member OF the House cannot be COM
piled with. for n mcirber-elcct does not
become q member until he has taken
the oath or office. \ reasonable inter-
probation OF the provision which we
have quoted demands that Il ahall be
construed to permit the oath 10 be adj
ministercd to the Speaker 10y any one
whose credentials show him to have
been lawfully elected a Representatives.
lnutf tulh tonAifhNklnnt NEs h'h'NAH
could have administered the oath to
Speaker Henderson Just AZ lawfully
and Just as properly IN Mr.. linrmcr'
And II il also TO he noted that Il was
only the mere incident OF alphabetical
arrangement that enabled large ma
jority Of the Rerrcsentatlves-elec TO
qualify as members before the name or
STR. Roberts was called. and objection
waa made to his taking the oath. IL
his name had happened 20 be the nrst
In the delegation from the state nrst
on tho roll. there would have been no
qualified member present to object to
his admission, with the single exception
OF tho Speaker himself.
THE Republican party has often truly
boosted that Il Ii a party OF courage.
We regret TO observe that II II not act
ing couragcuusly In this matter OF
Roberts. Nothing can be more ride
ulous than to charge one with sympa-
thy with poiygamy because he Insists
that the rights ~ Representative
elect shall not be ilagrantly dlsrcynrdcd
In plain violation NJ the provisions OF
the Constitution. II would be Just as
sensible 10 accuse q person OF .ndlffer-
encc to murder because he preferred
an orderly trial and lawful execution
In cases OF fcionious homicide to the
wicked methods OF lynch law"