Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-22
WE MEET THE ISSUES.

the action OF the House Of Representa-
tiyos In the Roberts case. os the Des-
erct News has fully explained, relates
to something Of vastly more Import
ance than Its effects upon the Con-
gresham from Utah. ], has bearing
upon the whole country. II In FAR
reaching and affects our national leg.
islntive System. II membcr-elect
huppcns to be the victim Of some popu-
lar within. sufficient to agltate the aver
ngc Congressman. he can. on the pre-
cedcnt now afforded. be confronted
with an objeouon from some political
opponent. and made to stand aside
until committee OF his enemies have
sat upon his case and reported their
findings. This IL not only new In con-
gressionai proceedings. It Is rcvolu-
tionary.
Few. II any. papers OF influence In the
country now take the ground that this
procedure IL right or necessary. They
concede that the proper course was to
give the member from Utah the scat TO
which he was entitled. and. then. n the
charges against him were OF sufficient
Importance. TO refer the whole matter
TO committee composed OF members
taking opposite sides OF the question.
But the salt Lake morning paper
which helped to raise the storm that
carried Congress or It's feet. stands al
most alone In defending the action that
was taken. and arguing FOR Its perma-
nent adoption as u parliamentary rule.
We have fully met every attempt at
has put forth. but It now returns to Ito
shattered theory, utterly ignoring the
fact that Il has been knocked TO pieces.
II says:
''The News has not yet attempted to
answer Representative Trylcr'a nrgu-
ment which had three psaln points: %
That the qualifications for Congress.
man. as noted In the Constitution, did
not prohibit Congress from adding
other needed essentials II II pleased to.
t2) that Conss--s had several prccc-
dents for refusing a duly elected mem
Der place. until his status was In
quired Into. and go that with Mr.. Rob-
crts once sworn In and seated, there
was no power In the House 10 expel
him. Neither the News nor amy other
journal that thinks u mistake was
made. has, so far as We have seen, at
tempted to review that argument"
One OF the troubles OF our contempo-
rary Is that It has a powerful forget
ter. The Descret News has repeatedly
met the so-called argument" OF Mr..
Tayicr. on Dec. 18th. the News said;
ut II not disputed that Congress has
the power To prescribe certain quallf-
cations FOR Its members other than
those already required. But In anybody
INSANE enough Ia claim that when a
member. duly elected and possessing all
the qualifications already established
by law, presents himself TO take the
oath OF office, new qualifications can
be sprung upon him to satisfy the ella
NOR OF the multitude. and having no
legal force? while II may be perfectly
Legitimate for the House OF Representa-
lives to duly enact new provisions In
reference to membership In that body
such new regulations cannot be adopt
cd except In proper legislative form and
procedure, and cannot be made retro
active. And no such added qualincu-
lions have yet been prescribed"
on December 18th the "News' re-
marked:
suppose II is conceded that Congress
cations. In addition to those named in
the Constitution, IT may deem neces-
sary TO Its own dignity and the COM
mon welfare VIII ID be claimed by
any sane person that such qunlflca-
lions can DO required before they have
been passed upon In the form OF n law
body? ~ ''''
In the case under consideration no
such additional qualifications had been
enacted, or adopted. or even proposed.
a member-clect, possessing ali the
qualifications required OF other mem
bers, was prevented from taking tho
same oath az was administered To them.
by an objection from one who had been
sworn In, and that objection did moi
relate TO the absence OF any uualincn
tion required by law. or rule, or regu-
lation In existence"
In the very article which the Tribune
attempts to answer and pervert, on De-
cember 2lst the News" argued:
"congress is restricted ana governed
by the Supreme Law OF the land II
has no power that IL not constitutional
IL IN endowed with tho right To Judge
or the qualifications Of Its members
but those qualifications are defined
4 either by the Constitution itself or by
laws that have been enacted in pursu.
ancc there, The House OF Representa-.
lives has no right to require new
lunllhcnton MS To membership until "A
has been duly enacted"
" These replies, which cover the ground
OF Mr. Tnyler's point No. /. have no,
been noticed by our contemporary in II,
endeavors to bolster up the Ohio mem.
hers bag OF wind, hut there Is no need
OF our repeating them.