The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-12-25
|ROBERTS STATES HIS CASE.
Boston Herald.)


Congressman Roberts of Utah and his
eligibility TO seat in congress was as
signed as the subject for discussion at the
meeting last week of the Y. NJ C. U. De-
batting club The form of the question
was: Resolved, That Congressman B.
H. Roberts should not be allowed to re-
tain his seat in congress-
c. E. Westall and j. A Cook the debat-
ers on the negative side, wrote to Mr..
Roberts for information and received a
volurinous reply. detailing his argument
in full as TO its bearings on his case of his
having three living wives. Mr.. Roberts
letter. considerably abridged. but pre-
senting his argument in his own words. IS
appended. together with a summary in
closed with the letter from legal friend
briefly Quilting the law of the case.
Mr. Roberts says. after stating the facts
of his citizensip and election. that he has
already held an office of trust and profit
as delegate to the constitutional conven-
ton. under the enabling act of congress,
1894. which provides:
i Sec. 2.-That all male citizens of the
United tSates over the age of q years
who have resided in said territory for one
year next prior to such election Cor DEL
egates) are hereby authorized TO vote for
and choose delegates to form convention
| in said territory. Such delegates shall
possess the qualifications of such elect
-ors.',
I'm September, $780," he continued,
President MILFORD Woodruff of the Nor
mon church issued his manifesto sus-
pending plural marriages. and counseling
the members of that church to obey the
laws of the United States pertaining to
/ n0lvVa m or hot boI i,rct
been declared constitutional by the su-
Dreme court of the United States. After
the anti-polygamy laws of 1897 were pass
i ed by congress, the Mor;nons thought
them unconstitutional and in a test case
carried the<natter before the court of las.
resort, and upon it's decision unfolding
the law the manifesto was issued.
1.-The law was not resisted by the Nor
mons but they only wanted to test its va
lidity, which is every persons privilege in
this country as to any congressional law.
Since the issuance of this manifesto in
1890, six years before statehood was grant
ed. the Mormons have refrained from
further plural marriages. but there may
have been cases of unlawful cohabitation
the continuance of relations growing out
of former plural marriages, contracted
prior to their prohibition. Since the man
ifesto of 1890 1 have not contracted an
other plural marriage.
Under an Indictment of 1857 I pleaded
guilty TO unlawful cohabitation in 1889.
which, by the congressional enactment
the Edmunds-Tucker anti-poly gamy law
was only a misdemeanor. 1t is now eleven
years since that happened. and there are
two presidential amnesty proclamations-
Presidents Harrison and Cleveland-the
enabling act above quoted from and the
constitution of a sovereign state. which
now prescribes the qualifications of its
electorate, and 1 possess them all. The
enabling act only required that there
should be perfect liberation of religious
sentiment. provided that poygamous or
plural marriages are forever prohibited
There was an effort made by some
members of congress to have it go farth-
er. but without success. The act of living
with plural wives formerly married was
defined as a misdemeanor
I'm the discussion relative to polygamy
in the state constitutional convention.
nothing was said regarding the relations
growing out of former plural marriages.
The very language of the enabling act,
that polygamous or plural marriages are
forever prohibited was put in our state
constitution and made it fully comply
with the enabling act. The status. of for
mer plural wives in the state of Utah are
the same as other women. They vote and
hold Office. One of them at present is a
member of the Utah senate-Dr. Matte
Hughes Cannon
Regarding the opposition to his being |
seated he says: 1.-The real cause of it is I,
on the part of the politicians to defeat
me. and thereby regain the office for one
of their own party. being the only rep
resentative of the state in the lower house |
of congress. On the part of the religious 1
element. it is inspired by hatred toward |
the Mormon people and their religion, I!
using the dead issue of religion as the |
excuse"
The legal statement, enclosed by Mr.. |
Rel e1ts may be summarized as follows: |
Il. II. Roberts, Democrat was nominated |
at a regular state convention on Sept. II, |
1898 by delegates from all parts of Utah,
some of whom were Mormons and some
were not. Alma Eldredge. Republican.
was nominated at convention Sept. %,
1898, some of the delegates being Mormons
and some not. There was no church in
fuence in either convention. Mormon
speakers accompanied Mr.. Eldredge in
thorough canvass of the state.
Tie question of Mr.. Roberts eligibility |
was ra.sei during the canvass on the
claim that he was a polygamist. but the I
result owing to popular disgust at the |
tdc.i-s employed, was the contrary to |
what was expected-tihe large mining |
CAMPS. where the population is largely |
nnn- Mormon, gave large majorities for |
ROBERTS
The governor and secretary of state are
both strong Republicans, but there was
no intimation from them or any other |
official or non-official that the election !
was in any way defective. Mr.. Roberts
has received the certificate of election,
has filed it with the chief clerk of the
house OF representatives. II was accepted
by him, and Mr.. Roberts name has been
placed on the roM of members-elect.
Mr. Roberts is charged with the offense
Of maintaining his family relations with
three wives. married previously to the
passage of the enabling ac+. The Ed
act made the offense a
so that If Mr.. Roberts be
charged with anything tenable. it will be
only g misdemeanor at most. He has not
been placed in jeopardy on this charge
lit is made in newspapers, religious and
social committees and on street corners
orly. If Mr.. Roberts is to be expelled
On a charge of living with more than one
woman as his wife. should it not be first