Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-15
NEITHER "sANr" Non "sArE.'

The Now York Mall and Express in
opposition 20 the Views Of the Now
York Times on the power % exclusion
vested In Congress. quotes the Worlds
OF Or. Lyman Abbott. whom It lauds
~ "a distinguished clergyman ana
cosent rcasouor." and saysi
"Dr. Abbotrs contention. which sup
ports our own nv heretofore expressed,
n this. The intent 81 the Constitution
~ that no man shall be admitted un-
less he posscfaes the pualhcaunna
which Il cnumeratcs. Aside from thls
limitation, which the fathers deemcd
fundamentally essential, Il leaves either
house ~ Congress free TO exclude for
the absence % any other qualifications
the possession Of which II may deem
necessary 10 ita own dignity ana the
common welfare. In other words, the
Constitution does not Intend 10 conhne
Congress 10 consideration of the quail
flcations for admission set down, but ~
make OF these sine qua non Tor
mcmbcr-cloct.
This Is the sane and the safe view
the View taken BY the liourc. without
regard to party"
That may be the sane and the safe
view" Of this question. but II II either
safe or sane to assume that when no
other qualifications than those required
by the Consultation exist In form of law,
either house Of Congrcfs can Impose a
now qualification. simply on the OBJ
lection OF a member against another,
based solely on popular sentiment
Suppose n IA conceded that Congress
has full power TO decide what dualin-
cations. In addition TO those named In
the Constitution. IT may deem neces-
Hary to Its own dignity and the COM
mon welfare" VIII Il be- claimed by
any 'sane' person that such quallflca-
tons can be- required. before they have
been passed upon In the form Of law
or rule properly adopted by that
body7
In the case under consideration. no
such adt 'donal qualifications had been
enacted, or adopted. or even proposed.
4 member elect. possessing nll the
qualifications required Of other mem-
beers. wa. prevented fiom taking tho
same oath as was administered 10 them.
by an Objection from one who had been
sworn IN. and that objection ala not
relate 20 the absence Of any duailhca-
zion required by law. or rule. or rcgu-
lailon 10 existence.
II this can be made offcotual in the
present insiance. what Is there 60 hin.
dei It's being carried out against Other
members. who may be- tho subjects OF
popular aversion aroused by their -.
i'glous or political enemies? Whore I,
the safety or the sanity" q such d
proceeding? A law or rule or a re.
qulrcmcnt OF any kind, TO be legal mus,
hay" been passed upon and adopted
before II could be required OF any por,
scn. II does not take any great famili,
oiity with constitutional law or IN,
rules Of legislative body 90 eoe TIL
simple point IL only needs it'll,
common sense.
We are asked whether n Mr.. Roberts
when he presented his credentials. ha,
been AFFLICTED with smallpox or bubonl
plague. tho House would have beel
bound 10 receive him. We answer mos
certainly. He would be entitled 10 hi
scat although Il might have been foun
necessary 10 submit his case 20 medl
cal examination and attention befor
allowing him TO minElc with his fello,
members, II he were insane enough I
attempt to do No. knowing his own con
dltlon. but his right TO the seat I
which he had beon duly elected. coul
not be disputed On the ground Of Nj
III health. for that II not diaquai
flcation 10 the onico OF Rcprcsentntl,
IN Con- sess. member may be nd
Judged as fully outitled 20 n seat
Congress, although conditions may I
such that he must not Cor the time bl
Ing occupy that sont Thorc ~ no pa
nllcl between such case and that ui
der consideration.
Tho same sage authority that ask.
the silly question which We IA,
stopped 20 answer announces its bell
that any position which ulnc-tcnths
mon Of all parties decides Is right nur
not 10 Doe questioned" We 1ra than
ful TO say that We de- not coincide $50
this vlow. II lH neither "slue" d
"aafe." We Join with tls leading Iirf
Of the country, lnmi, lounallsuc ul
judicial, In tho firm conviction e.
pressed by many ~ 90. Conrrosrm
themselves, that IN excluding tho MOI
her from Utah who possessed eve
qualification required hy existing IA
great mistake was mndo and that
was occasioncd hy shameful panderi
to a populur outhurst aroused by
liglous iunntics and political consph
tors Thfro ~ no valid excuse for
outrage which has boon porpetrat
upon The excluded member and M
the sovereign State Of Utah.
----z
A COMMON MISTAKE.