The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-12-13
BEHIND THE DOORS.
The Committee Discussed the Case Of
Mr.. Roberts.
TESTIMONY WILL BEGIN TODAY
The Mormon Has Prepared a Lengthy
| ~ Brief.
THE COMMITTEES RIGHT.
RRenews il. Have Prima facle
=" = pat
PROTESTS AGAINST CERTAIN AFFlDAyITS
within Cali Of the Courts. but
No Prosecution Followed.

Washington, December i2.-The Rob-
orts investigating committee held II short
sessionbehind closed doors this morning
and at noon adjourned until 10 o'clock
tomorrow. when the actual bearing OF Wit
nesses will begin.
Today's meeting, it is explained, was
TO permit The committee TO rccs;ve and
discuss reports On procedure, forms OF
suhpoeras, etc. Quite gathering OF Nor
mons and sentiles waited outside the
committee room, expecting 10 he called
in, but at noon tic committee adjourned.
Mr.. Roberts saw Mr.. Taylor MS soon as
the committee adjourned and submitted
his brief. 1t Is Il lengthy argument against
the rights OF the committee. lie urges
that the Constitution gives protection
against trial without The process of law.
also against taking property sucn as the
salary OF an officer without due procese
Of law. He sums UP as follows:
From the foregoing established doc
trincs and rights OF members of congress
il follows Tha. the proposed proceed
ings OF this committee would be slibvers-
i've of the rights of the meni.er fror,
Utah.
l. In that he is to be adjuIged guilty
OF crime without due process Of law.
| ?. That he is to be ldjri,,l disqual'-
! fled by disabilities created by enactments
of congress and applicable 20 the old
Territory of Utah, but not applicable to
the State of Utah, which disabilities nave
been removed, la, by amnestlss of two
presidents; tb), by the enabling act PASSED
by congress; (c). by the transition ci
| Utah from a territorial condition to thai
of statehood,
3 1t further appears that the crime al.
legged against the representative from
Utah does not constitute a disquali6sa. or
for member OF congress unless the
house and its committee are prepared IL
assert their power and right TO al! 10 tn
| qualifications prescribed by the Copstitu
tion of the United States.
| 4. And, further the proposed proceed
| inss by this committee would deprive
the member from Utah of the constitu-
tional right to trial by a court of com
petent jurisdiction and by u jury of his
peers within the State and district where
the crime is alleged to have been commit
ted and would deprive him OF property
and rights without due process of law
The member from Utah, therefore. asks
the committee to stop its present proceed
ings and consider the prima facie right
Of the representative from Utah to b.
sworn in as member OF the house o
representatives OF the Fifty-six con-
gress.
As to protests by certain sectarian min.
listers from Utah. Roberts holds that tn,
committee ought not to consider then
for the reason that the affidayits present
ed by them bear dates as follows: Thoma!
j. Bandon. February 49, 1897; Ray T
Bandon. February 10. 1885, .uella p,
Miles, February q, 1893; Mrs Marie NJ
McDougall, May 81, 1899; dates being sew
eral months prior to the departure of tn
representative from Utah for the East
For more than year after the charge
began to be made against him, The mem
her from Utah was in and about Saul LAX
City at all times, and seven Of the Bandol
affidayits were drawn up by 4. L. Schroe
der and the protestants had ample tim
to institute proceedings before the court
of Utah which were and are open TO
prosecution of the charges made in tn
past. If the protestants have suffcien
evidence they should have established tn
guilt of the member of Utah as to tn
misdemeanor charged and come here witt
a court record and bring their charge
although the question would stiil be de
batable as TO whether the misdemeanor al
legged. II proven, is sufficient to bar hlI
from the house and on that subject tn
member of Utah has already espresso
his belief and presented his argument
The member from Utah asks that he b
allowed to take the oath of office.