Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

Constitution, the House has no right to
refuse TO allow him TO be sworn IN
N. Y. Journal, January, 1893.
ut Is more dangerous to the rights
and liberties Of the people for the
House TO set up standards Of admission
not prescribed By the Constitution, than
to admit to be sworn any person whom
the people Of State choose TO elect
Dated Philadelphia Pa, November
2sth, ls99.-N. y Herald, November
1899.
To this respectable authority on con-
stitutional questions Is added the fol-
loving from the very able and exhaus-
tive report Of the judiciary committee
In relation 10 the testimony In the
Credit Mobiler case. reported TO the
House Ia the FOrly-second Congress.
touching the question Of the power OF
the Hnuep to add 10 or diminish from
the qualifications Of members iiXed
by the Constitution. under the plea that
"every consideration OF justice and
sound policy would seem to require that
the public interests be secured. and
those chosen 10 DE their guardian be
free from pollution Of such crimes, no
matter a. what time that pollution had
attached Discussing that claim the
committee said;
"The House Of Representatives has no
constitutional power over such consld.
erations Of Justice and sound policy,
a. qualification In representation
ON the contrary, the Constitution has
given this power to another and higher
authority. to-wit. The constituent. OF
the member. Every intendment OF
our fofnl OF government would seem 10
point TO that. This is government OF
the people which assumes that hey
are thv best judges OF the social, INTEL
lectual and moral qualifications OF their
renreSentatiycs whom they are to
choose, not any body TO choose for them,
and we therefore, find In the peoples
Constellation and frame OF government
that they have I'm the very first article,
and Second section determined mat
The House 90 Representatives shall
be con .os.d AZ members chosca every
second year hy the people ~ the states,
not by REPRESENTATIVES chosen for them,
and that tho VIII and caprice Of mem
hers OF Congress from other States, ae-
cordlr 90 INC r0ti0n OF the neccssi-
ties of self-prcs aryation and selt-purl-
hcation. which might suggest them
selves 10 the reason or caprice OF mem
tc!s from other states. IN any process
u 'purgatiOn or publication, when
tvc.tnirCs % the members OF either
house may deem necessary 20 prevent
bringing the body into contempt and
disgrace
Your committee are further embold-
o,ed 10 take this view Of this very I'M
portant constitutional question. because
they find that I'm the same section II
is provided what shall be the qualihca'
lions of n representative OF the people
so chosen by the people themselves or
this II Is solemnly enacted unchanged
during the life OF the nation, that
"'No person shall be a representative
who shull not have attained the age OF
TWENTY-FIVE years, and been seven years
a citizen Of the United States, and whit
! shAll not, when elected. be an inhaol
tant Of that State In which ne shah d.
4 chosen
your committe believe that there i
no man. or body OF men. who can ad,
| 10 or take away, one iot or tlttle o
these qualifications The enumeration
OF such specified qualifications. neces
sal.ily excludes every other. II is re
spectfully submitted that II Is noWher'
| provided that the House OF Representa-
| lives shall consist OF such members a
/ are left after the process or 'purgauoi
and publication shall have been eXer
cised for the public safety such as ma!
| be deemed necessary by any malorit.
OF the House, The power Itself seem
10 be TOO dangerous, the claim OF powe
too exaggerated TO be coniided In an!
body Of men, and therefore, most wisel.
retained in the people themselves, b.
the express words Of the Constitution
1.-THE enumeration In the Constltu
lion. of certain ights shall not be con
! strucd TO deny or disparage others re
talned by the people
"'Tne powers not delegated TO IN
United States by the Constitution, no
prohibited TO ii by the States, are re
served TO the States respectively. o
the people" TX and X amendment
TO Constitution
This report was signed by the follow
ing eminent parliamentarians and law
yers, John 4 Bingham, b. +. Butler
Chas. A. Eldredge, j. W. Peters, L. /
Shoemaker and p. w, VOORHEES,.
VII.
The charge that Utah has broken he
faith with the government IN the MAJ
ter OF rolygamy, which Is supposed
Justify the demand that Roberts be nc
seated, Is untrue.
In the Enabling Act passed by Con
gress authorizing the people OF Titan
form a state government II was eS
pressly stipulated that the constitution
al convention should provide by ord
nance irrevocable without the conseT
Of the United States and the people {
said State - that polygamous
plural marriages are forever prohil
tied" That was the only demand mad
upon this subject by the people OF u
United states. Congress could be II
duced to 20 no further though an effo
was made to have Il do so. When
the constitutional convention the reprt
sentatives OF the people Of Utah dea
with this requirement they adopted u
very language Of the Enabling Act.
addition 10 this the convention al:
ADOPTED 20 much OF former Territori
law as defined and provided for Il
/ punishment Of polygamous marriage
and declared II 10 be In force In II
State Of Utah. This Territorial law e.
actly paraleled the enacuments Of Col
gress on the same subject. II dehn'
polygamy in the same terms as Il
congressional enactments did, and pr
vlded the same penalties. IL also d
fined unlawful cohabitation In the san
terms as the acts OF Congress. tn
offcnse Is continuous living In pol.
Famous relations after the Illegal ma
riage relations have been formed, al
In both the congressional and Teri
toria le, station was made a misd
meanor. whereas polygamy was MAJ
felony. THIS law, ! repeat, the col
vention cut In two. and made the pa
Furnishing polygamous marrying part
The Constitution. while the part OF q
law defining and furnishing conunuol
living In poiygamous relations was dl
carded. Why? Because there VI
nothing I'm the Enabling Act that d
: manded the DISRUPTION OF those exis
Ing marriage relations which had be,
entered inio under the sanction OF q
; Mormon" Church II only requlrl
that "polygamous or plural marriage
should be prohibited for the futuI
When II was suggested 70 the gent
= man who introduced the resolutii
b making the above settlement, that q
mart OF the law defining and punishil