The daily morning journal and courier., 1899-12-13
ROBERTS SUBMITS 4 BRIEF.
Makes a Strong Legal Presentation of
 His Case.

Washington, Dec. 12.-The Roberts in- vestigating committee resumed it's ses- sion at 10 o'clock to-day, but contrary to expectation the early hours were be- hind closed doors. MT. Roberts and quite a gathering of Mornons and Gentiles stood outside the committee door awaiting admission. MT. Roberts was prepared to continue his argument on the demurrer to the right of the committee to try him. The committee remained in private seSsion until noon when an adjournment was taken until 10 o'clock tomorrow, when the actual hearing of witnesses will begin MT. Roberts saw MT. Taylor as soon as the committee adjourned and submitted his brief.
 MT. Roberts summary is as follows: 'From the established doctrines and rights of members of congress it fol- lows: That the proposed proceedings of this committee would be subsersive of the rights of the member from Utah.
 "1--In that he is to be adjudged guilty of crime without due process of law.
 "2-That he is to be adjudged dis qualified by disabilities created by en- actments of congress and applicable to the old territory of Utah, but not ap- plicable to the state of Utah., which disabilities have been removed-(a) by , amnesties of two presidents; (b) by the enabling act passed by congress; Co by the transition of Utah from territorial condition to that of statehood.
 "3-It further appears that the crime alleged against the representative from ITtah does not constitute disqualified ion for member of congress until the house and it's committee are prepared to assert their power and right to add to the qualifications prescribed by the constitution of the United States.
 "4-And, further, the proposed pro ceedings by this committee would de- prive the member from Utah of the constitutional right to a trial by court of competent jurisdiction and by jury of his peers within the state and district where the crime is alleged to have been committed and would deprive him of pronerty and rights without due process of law.
 t"The member from Utah therefore asks the committee to stop its present nroceedings and consider the prima fla cie right of the representative from TItah to be sworn in as member or the house of representatives of the Fifty sixth congress. The member from Utah is nrepared to submit his certificate ~ election to the committee, his certificate of citizenship issued by United States court of competent Jurisdiction, and is reedy to affirm under oath that he pos sesses all the qualifications prescribed Inv the constitution for representative, and is willing to take the oath of office nrescribed by the constitution.
 ."As to protests by certain sectarian ministers from Utah, Roberts holds that the committee ought not to consider them for the reason that the atfidavits presented by them bear dates as fol- lows. Thomas J. Bandon, February 13, 1899: Ray T. Bandon, February 13 1899; Iuella P. Mills, February 27, 1899; Mrs Marie F. McDougall, May 27, 1S99-all dates being several months prior to the denarture of the representative from for the east. For more than year after the charges began to be made l oainst him the member from Utah was ;n and about Salt Lake City all the time 1 and seven months after the Bandon af l fdavits were drawn up by A. T. Schroe- | aer and therefore said protestants had | on,nIe time to institute proceedings be- | fora the courts of Utah, which were and | arc open for the prosecution of the l charges made in the past. If the pro-