Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30
CONGRESSMAN ROBERTS DEFENSE.
,rrrInnrrfo

be prohibited. and that is all that was
done. All his appears in the officially
reported and published debates OF the
convention. (See Report of Constitu-
tional Debates, pp. l1Ss-l7i9D That was
the settlement OF this question. That
Is the COMPACT between the United
States and the people Of Utah. Those
were the terms. so far as polygamy
was concerned on which Titan was ad-
mltted into the Union And | affirm
positively that that compact has been
kept on the part OF the people OF Utah.
The ueople OF Utah are not covenant
breakers as her enemies charge There
T. no ATTEMPT made 70 repeal or an
null the uarts OF the Constitution pro-
hibtins poygamous or plural mar
RACES. There Is no desire 10 disrupt
that compact with the United states.
The mormon" Church has not vio-
lated he compact and has no desire te
annul IL. but, on the contrary. the VEN
cradle head Of the Church hes oficial-
Is avowed his determination , adhere
to this settlement Of the question.
The representative TO Congress from
Utah has not violated this compact
the assertion Of his enemies 10 the con-
trary Notwithstanding.
CONCLUSIONS.
From the foregoing established doc
trincs and r.hts Of members OF Con-
rriss Il follows. That the proposed pro-
ceedings % this committee would DC
subversive OF the rights Of the member
from Utah:
/. In that ne is to be adjudged
guilty % crime without due process or
law The proposed proceeding py ms
committe, wo ID deprive the memDer
from Utah Of the constitutional right
40 "A tr,a bv court OF competent jur-
isdiction. and by jury OF his peers
within the state and district where the
crime is alleged to have been COM
mitted. and would deprive him OF prop.
erty and rights without due course or
law.
That be Is 10 be adjudged dis
! qualified ~ disabilities created by en-
/ artmonts of Congress and applicable
/ To- The old r r.itory Of Utah BIT MT ap-
nlicahle I'D ,hc state OF Utah, which
| disabilities ovp been removed. ta) by
/ amncsiies OF two Presidents OBJ by the
/ Tn9hllrg Act passed by Congress' tc)
! by the transition Of Utah from Terri
/ tcr.al condition 10 that OF Statehood.
g. Il further appears that the crime
alleged against the representative
from Utah does not constitute dis
qualification for member OF Con-
/ gress unless the House and It's COM
mittee are prepared to assert their
po,yer and right to add to the qualihca.
| lions prescribed by the Constitution OF
the United states.
The member from Utah therefore asks
that the commItte stop It's present pro-
ceedlngs. and consider the prima facie
right of the representative from Titan
10 lie sworn In as a member OF the
House OF Representatives Of the FIFTY
sixth Congress.
The member from Utah is prepared 10
s,blait his certificate Of election TO me
committee, his certificate OF citizenship
Issued by a United States court OF COM
petent jurisdiction. and Is ready to ar.
frin under oath that he possesses All
The qualifications prescribed by the
constitution for a representative, and
Is Wiling 70 take the oath OF office pre-
scri1ed by the Constitution.
As TO the protests by certain Sec
tartan ministers from Utah, Roberts
holds that the committee ought not 10
consider them, for the reason that the
siIldavits presented TO the committee
by them bear dates as follows: Thos.
T. Brandon Feb. 10, 1899; Ray 7. Bran
don Feb. 10, 1893; Luela =. Miles. Feo.
II. 1899; Mrs Marie +. McDougal. May
". 1899, all being dated several months
prior to the departure OF the represen :
tatlve from Utah for the East For
more than a year after the charges be-
gan to be made against him, the mem :
Der from Utah was In and about SAT-
Lake all the time, and seven months
after the Brandon afiidavits were drawn
up by A. T. Schroeder, and. therefore
said protestants had ample time TO IN.
stitute proceedings before the courts OF
Utah. which were, and are, open Tor
prosecutions Of the charges made. ~
these protestants have sufficient evil
dence they should have established the
guilt o! the member from Utah as 10
the misdemeanor charged, and come
here with court record establishing
their charges; although the question
would still be debatable as TO whether
the misdemeanor alleged II proven
would be sufficient 10 bar him from the
House; and on that subject the mem.
her from Utah has already expressed
HIS belief and presented argument N
this paper. The member from Utah
again asks that he be allowed to take
, the oath OF office.
/. Dpc 70 1893