The Anaconda standard., 1899-12-13
BEHIND CLOSED DOORS
Roberts Committee Is Consider
ing Procedure.
HE HAS FILED HIS BRIEF
Argues That the Constitution Gives Pro-
tectinn Against Trial Without Pro-
cess OF Law-Public Hearings
Soon to Begin.

Washington, Dec. 1.-The Roberts
investigation committee resumed its
session to-day behind closed doors.
. This. 1t was explained. was to permit
the committee to receive and discuss
reports on procedure, form of SUBJ
pens, etc. Meantime Mr.. Roberts him.
self and gathering of Mormons and
Gentiles stood outside the committee
door awaiting admission.
Mr.. Roberts was prepared to continue
his argument on the demurrer to the
right Of the committee to try him.
The Gentle delegation was more nu-
merous, including the white haired
Rev. DR.. Iliff, Mr. Schroeder, to whom
Roberts interposed rather sensational
Objections Saturday, and the Others
VINO have come on from Utah to direct
the proceedings against him.
The committee remained in private
session until noon, when an ADJOURN
ment was taken until 10 o'clock to-
morrow, when the actual hearing Of
witnesses will begin. Mr.. Roberts saw
adjourned and submitted his brief.
MIR. Roberts brief is a lengthy legal
argument against the rights of the
committee. He urges thai the consti-
tuition gives protection against lrEal
without the process Of law: also against
taking property such as the salary Of
Office without due process of law.
Mr.. Roberts answer is as follows:
From the foregoing established doc
trines and rights Of members of con-
gress it follows:
That the proposed proceedings of this
committee would be subverslve of the
rights Of the member from Utah.
NtS.nk T,, tL0x is 30 hA ind
guilty of crime without due process Of
| law.
Second-That he is to be adjudged
disqualified by disabilities created by
| enac aments of congress and applicable
| to the old territory of Utah, but not
| applicable to the state Of Utah, which
disabilities have been removed (by
amnesties Of two presidents, by the en-
abling act passed by congress, by the
| transition Of Utah from territorial
| condition to that of statehood.
Third-It further appears that the
| crime alleged against the representa-
| tive from Utah does not constitute
| disqualification for a member of con-
gress unless the house and its commit
! tee appeared to assert their power and
right to add to the qualifications pre-
1 scribed by the constitution of the Unit
| ed States.
Fourth-And. further, the proposed
proceedings by this committee would
| deprive the member from Utah of the
constitutional right to trial by a
! 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 property and rights
without due process of law.
The member from Utah, therefore,
asks the committee to stop Its present
| proceedings and consider the prima fa-
| Gle right Of the representative from
| Utah to be sworn in as member OF
the house of representatives of the
| Fifty-sixth congress.
rian ministers from Utah Roberts holds
that the committee ought not to con-
slider them for the reason that the
affidavits presented by them bear dates
as follows:
"rhomss ]. Brandon, Feb: 1s. 1889;
Ray r. Brandon, Feb. 49, 1899: Luella
P. Miles, FEB. ~. 1899: Mrs, Marie Z.
McDougall, May ~, 1899; all dates be-
ing several months prior to the de-
parture Of the representative from
Utah for the East. More than year
after the charges began to be made
against the member from Utah was IN
and about Salt Lake all the time. and
seven months after the Brandon aftl-
davits were drawn up by A. T. Schroed-
er and therefore said protestants had
ample time to institute proceedings be-
fore the courts of Utah, which were
and are open for the prosecution of the
charge made in the past. If the prot
estants have sufficient evidence they
should have established the guilt of the
member from Utah as to the misde-
meanor charged and come here with q
court record and bring their charges,
although the question would be debata-
BILE as to whether the misdemeanor
alleged, if proven, would be sufficient
to bar him from the house, and on that
subject the member from Utah mas
already expressed his belief and pre-
sented arguments. The member from
Utah asks that he be allowed to take
the oath of Office
| A p;oneer Steamer.