Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-05

|
eligible by the eighth section of that
act; second. that II, since guilty OF
polygamy, he Is still ineligible under
that act; that II polygamist within the
meaning of the decision OF the Supreme
court, he Is Ineligible Independent OF
that statute. further, that the compact
between Utah and the United States
justiies the House In refusing him adj
| mission.
Mr.. Tayler urged that il would be bet
ter for the House 10 exclude Mr.. Rob-
erts than TO expel him. All the author
tiles. he said. We're against the right OF
the House 10 expel a member for aats
done prior to his election, no matter
how vile they might be-
THE SUBSTITUTE RESOLUTION.
The resolution by Mr. Richardson wa
1 as follows:
| whereas, Brigham H. Roberts, from
the State Of Utah. has presented GER
! tihcate Of election in due and proper
lo'm as a representative from said
| 5. :, therefore.
BE II resolved, that without express
Ing any opinion as 70 the right or pro-
| prety Of his retaining his seat in adj
vance OF any proper Investigation there
| Of, the said Brigham II. Roberts Is en-
| Titled to be sworn in as a member OF
tnls House upon his prlma facie case.
Resolved further that when sworn
IN his credentials and all the papers in
relation TO his right TO retain his seat
be referred 10 the committee on the
judiciary, with instructions TO report
thereon at the earliest practicable mo-
ment."
TAYLER's ADDRESS.
Mr.. Tayler spoke in favor OF the
adoption Of his own resolution. He
would not urge It's adoption he said.
were IL not prompted BY a high sense
OF duty. The Constitution was Consist
en,, he continued, II II was contended
that the iim!tationg IL imposed were not
10 be added 10. The power Of Congress
10 matt the claimant at the door, he
insisted, was clear.
The ineligibllity created by conyic-
ton Tor crime was power inherent In
government, irrespective Of the Consti-
tuition. He cited several cases to show
that as a punishment for crime, the
legislature had ample authority to dis
qualify man from holding Office
When Mr.. Tayler began 10 speak.
Mr.. Roberts left the seat he had been
occupying and took a seat near the main
aisle. where he could hear with greater
ease. Throughout Mr.. Tayler's re-
marks he sat facing his acuser except
when he turned 70 his desk TO take
notes Of the points to which he desired
10 reply.
Continuing Mr. Tayler read a decls-
ION OF the supreme court defining poly
gamy, which stated irres-cctive OF
whether a man had contracted a plu-
RAJ marriage after the passage Of the
Edmund's Act and irrespective OF
whether no
plural wife. he was guilty Of polygamy
" ne still maintained the relation OF
husband 10 more than one wife.
kef.rring aLain 20 the two proclqm1-
lions OF amnesty he argued that the
claimant was In no better position than
ne would have been had no such proc
lamatlon been issued. But higher
than the civil law was law Of clviliza-
uon, which demanded that one so faint
ca should be excluded. For opposing
the higher law member was answer
able only to his conscience his country
ana his constituents. There were pre-.
law.
lie cited the case Of Whittemore. who
mad been guilty OF selling cadetships
ana VINO, upon his appearance at the
par OF The House, was rejected as unfit
70 SIT In the House. The power and the
r,ight We're inherent. said Mr.. Tayler.
AZ was only question OF propriety. OF
t MisuoM ana OF precedent In all OF
sis investigation and study OF prece-
eesnts' Mr.. Tayler said he had failed 10
ma single case where the House had
insulated to assert upon proper oc-
casion It's right TO halt member at
me par when his qualifications for a
scat We're questioned. He quoted ex-
s.ensNely from "McCreary on elections
- support or his argument He re-
niewea the cases OF Proctor Knott.
poyd winchester and John NJ. Rice. of
,Nen'ueky who had been stopped az the
.s OF the House on the ground thar
been disloyal '"s' nau
We are told" said Mr.. Tavier 4,
conclusion. his voice ringing out clear
~, mat we are about 20 create an
u'inappy precedent Why. Mr.. Speaker.
~ are ueing this in the open caEa Of
'hs whole world, not in a clustered
UT ~ we are the servants OF the peo-
~ empowered 10 do the right as we
, ,,h A. The public eye is upon Us. the
,upnc conscience qulckens us. In that
cut obey it, = w
an. Tayler's concluding words vera
,'ee'ed with storm OF applause hofh
' VI, me hoor ana the galleries.
ne applause 'V'"0u ia
MR., ROBERTS SPEAKS.
roberts began speaking in his own
,sna'l al $3.50 o'clock. Representative
1'hardson yielded him twenty min
'ea' Mr. Roberts first presented his
papers which had been
uestloned. w"
nc spoke In high key. and with evil
enee of agitation.
nooer's said two Presidents had pro-
aimed amnesty since his conviction
% mlsdemeanor. He denied that he
~ ~ oeen lawbreaker since 1889 ana
sAeu why he had no, been prosecuted
. 'a~oreaker. He referred to the
ssen, agitation as Conspiracy TO
~, 'h's subject to the front at this