The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-12-14

: 1he brief presented bys Congressp,ar-
eject Roberts to the special committee
having his right to his seat under consfd
Grafton IS in more than one respect a
strong document.
Roberts case Is being disposed of in
the white heat of public passion and
prejudice. The arguments advanced +o
sustain the summary action of congress
in refusing to recognize even his prn,a
+acie right TO his seat are all tinged heav-
lily with the coIors Of popular clamor.
II would indeed have been more aceeDta-
Die to the mass Of Democrats everywhere
throughout the country had Roberts
party associates in the house not Yield
ed as so many of them appear to have
done. to the panic which plainly seems to
have prevailed.
There are certain qualifications pre-
Bcribed by the constitution, as to age
and citizenship. the possession of which
on its face, backed by a due certificate
OF election, has always been recognized
as creating the prima facfe right of the
member-elect to his seat, subject to the
future action of the house on any contest
made. These qualifications appear plain
~ to be possessed by Roberts, although
Bomething has been said, but not insisted
upon. as TO his citizenship.
The right given by the constitution to
each house to be Judge of the election
returns and qualifications of It's own
members" does not carry with it the right
to exclude member-elect from his seat
without any reference to such returns or
qualifications, as has been done in this
case. Roberts states the matter thus in
his brief:
Third - It further appears that the
crime alleged against the representative
from Utah does not constitute a dis
qualification for a member Of congress
unless the house and its COMMITTEES are
prepared to assert their power and right
70 add to the qualifications prescribed by
The constitution of the United States
The C o has no thought Of passing
on the ultimate right of Roberts to hold
the seat. That he probably could not do
In any event. But 1t does protest against
THE irregular and arbitrary procedure
adopted toward him thus far More than
this. it should be a matter Of universal
regret that the new speaker has entered
upon the discharge of his duties with the
commission Of an act towards Roberts
which IS at once cowardly and unjust.
His appointment of the special committee
to consider the Mormon congressman's
case was made in the light of the vote
under roll call by which he was denied
his right to take part in the organization
of the house Neither the charge Of
Cowardice nor injustice is too severe to
make against the speaker when it is con-
sidered that he did not include single
member who voted for Roberts In the list
of Ibis appointees on that committee His
appointees, every man of them, had al
ready, it will be seen, prejudged Roberts
case
If the Republican majority Of the house,
and their weakened Democratic asso-
Ciates who voted with them, were anx-
1ous to arouse public sympathy for this
man, they could not have set themselves
to the task in a more effective manner.
Tt was certain that the Republicans
would have done what they did in any
event, Notwithstanding existing prece-
dents tc the contrary and notwithstand-
ing the action of President Mckinley and
his political advisers in giving appoint
ments as postmasters to the politicians
OF their party In Utah who are as fragrant
offenders against the law and morals as
is Roberts. Nothing, however, can justi-
fy the action of Democratic congressman
in disregarding plain constitutional safe
guards. as they have done in this case.
~ 70 date John Bull can hardly expect
q decision on points.