The record-union., 1899-12-09

WASHINGTON, Dec. S-The COM
mittee which is to inquire into the
status of Roberts of Utah held pro-
tracted session behind closed doors to-
day. During the early hours of the
meeting Roberts was present, and made
a. statement as to his general wishes
in connection with the inquiry. He said
he specially was DESTROYS of having the
committee first go into his prima facie
right to a seat, afterward taking up
the general merits of the subject. He
said he favored open sessions. He had
indicated also that he desired to pre-
sent testimony relative to the manner
in which the charges against him were
prepared.
Roberts then retired, and the COM
mittee proceeded in private session UNI
til 1870 p. M, when a. recess was taken
until 2 D. m.
The o'clock meeting was brief and
was adjourned until 10 o'clock to-mor-
row. No announcement was made ex-
cept that Chairman Tayler Of Ohio said
the work was progressing satisfactorily
and smoothly. 1t is understood that
some question exists as to whether
Roberts shall be treated as a contesting
member or be asked to plead as in a
trial, and the committee will probably
hear him further before reaching a con-
clusiOn.
ROBERTS STATEMENTS AN
SWERHD BY GENTILES.
WASHINGTON. Dec. S.-Representa-
tive-elect Brigham H. Roberts address
to the American people" was answered
to-day by a delegation representing the
Gentle element in Utah. who are here
to oppose Roberts. The answer is as
follows:
"In this mornings papers Mr. Roberts
makes an appeal for sympathy, in
which are many statements needing
correction, while many facts are sup
pressed.
Mr.. Roberts claims that the prece-
dent made by his exclusion is both new
and dangerous That it is not new was
conclusively shown by Mr. Tayler in
his able legal argument before the
House, and not a single precedent to
the contrary was cited where &c
ground of objection was ineligibility.
Neither is the precedent dangerous.
Whenever a prima facie case is made
against the members citizenship, show
ing that under a conviction for felony
against the laws of the United States
he is disfranchised, and further, that
by reason of his present maintenance
of the status of a polygamist he is
again suffering from civil disability I'M
der the Edmunds -polygamy Act,
such a member, refusing even to deny
the charge, should be excluded. Nor
is this dangerous, for it is not likely, as
Mr. Roberts seems to assume. that an
entire minority or all Representatives
of a large State are coming to Congress
carrying such a burden. In other States
men who flaunt their violations of these
laws of decency in the face of the pub
lie are sent . the penitentiary. 1t is
only in Utah where such indecency ever
added to ones eligibility, and served as
a recommendation to political prefer
ment.
Mr.. Roberts contention that no evil
dence of his guilt can be received ex-
cept judicial record of his conviction
in Utah, as a matter of law is errone-
GUS, and as a matter of practice dan
gerous, because Mr.. Roberts and his
powerful and inspired priesthood can
prevent such conviction if they con-
slider it worth while.
Mr.. Roberts claims that whatever
were his civil disabilities before State
hood, they were removed by the adop-
ton of the State Constitution. If at
the time of the passage of the Enabling
Act Mr. Roberts was. as he seems in
his appeal to admit, disfranchised by
Act of Congress, and therefore not a
full citizen of the United States as by
the Constitution he must be to become
a member of Congress, then he is still
in the same condition, because the Con-
stitution of Utah could not restore him
to Federal citizenship, and the En-
abling Act did not do it. The Enabling
Act of Utah, unlike that of some other
ed States as a qualification for voting,
and did not confer that citizenship upon
those then not such citizens. Hence
Mr.. Roberts statement that by Utah
becoming a State he was rehabilitateo
with the wanting attributes of citizen
ship is unwarranted.
MIR. Roberts says he has not been
convicted since Statehood. 1t does not
follow that he is innocent. He is now
a fugitive from justice in Salt Lake
County on a charge of unlawful CO.
habitation, and in Davis County, Utah,
where resides one of his polygamous
wives, with her illegitimate twins, born
August IL, 1897, q charge of adultery
Ca felony under the laws of Utah) has
been for two months pigeon holed by
Mormon Prosecuting Attorney.
"Mr. ~roberts, in his attempt to be-
little his crimes. insists that he is only
charged with a misdemeanor. He knows
better. He knows that he has been
under oath and before the proper prose
cutting officers charged with the felony
of adultery, as well as the misdemeanor
of unlawful cohabitation He asserts
that in 1889 he pleaded guilty to a mis-
demeanor only, and also says that if
he were guilty of the same acts in the
District Of Columbia, even fiagrantly
So that as a member of Congress he
could not be arrested therefor, for it
is only a misdemeanor. Here again
Mr. Roberts states what is not true, and
he ought to know it. Unlawful cohabi-