Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-11-29

Utah, Is TO be considered at confer
enee OF Republican leaders to be held
Friday IN the room Of the committee
OF Interstate and foreign commerce.
This conference has been called by
Representative Hepburn Of Iowa, who
has devoted considerable attention to
the case. Among those who will part.
cpate viii be Representatives Payne
OF New York, Dalzell Of Pennsylvania,
Grosvenor and Taylor OF Ohio. Mr.
Taylor was the chairman Of the COM
mittee on elections In the last Congress.
to which were referred all the petitions
and protests against the seating OF Mr.
Roberts received before the adjourn
ment IN March. At the request OF Mr..
Henderson he has been making a care
ful study Of the case and Of precedcnts.
He Is not willing to discuss II In any
way, however, at this stage OF the pro-
ceedings
Former Speaker Carlisle and Mr..
Harry II, Smith, the parliamentary ex-
pert two Of the counsel retained 10
represent the opposition to seating Mr..
Roberts, VIII present the result OF their
Investigations as 10 precedents at Fri
days conference. MIR Smith has made
a careful ana exhaustive study OF all
the precedents since the foundation Of
the government It has resulted In his
reaching the conclusion that Mr. Rob
erts must be sworn IN on HIS certificate
Of election. and that he can only be un-
seated by resolution OF expulsion UNI
der the constitutional power OF the
House TO oXpel a member by a two
thirds vote, Mr. Smith has found that
there are In all sixty cases on record
IN which attempts have been made 10
prevent the swearlng-in of representa-
tiyes-elect, and that the attempt has
failed IN every case In which there was
not a contest between rival claimants
Of the seat
"Mr. Carlisle is expected In Washing
ton tomorrow. He will De accompanied
by President Strong ana Secretary Toll
man OF the league for social service,
which Is the organization which has en-
gagged the counsel 10 present the case
against MI Roberts. Miss Helen
Gould has supplied this league with the
sinews OF war which have enabled II TO
employ such an array Of high-priced
counsel as has been engaged In addi-
ton TO Mr.. Carlisle and Mr.. Smith. for
mer SenatorEdmunds has been retained,
and retainers have been offered 10 for
mer President Harrison and former
Speaker Reed. Mr. Reed was forced to
decline. owing 10 the pressure OF other
business. Mr.. Harrison has not yet been
finally heard from.
Representative Galusha a. Grow, Of
Pennsylvania, the Oldest member Of the
House a former speaker OF that body
and one Of the best Informed men on
parliamentary precedents in the United
States said today:
"If there Is sufficient reason TO ex-
pei a member from the House, the same
reasons, provided they exist when a
member-elect appears to be sworn in,
would Justify the House In refusing TO
permit him TO take his seat The
House is, under the Constitution, the
sole judge Of the qualifications of It's
members
Representative Bailey. Of Texas, ar
rived here tonight, and says Il Is per-
fectly clear to his mind that the swear
ing In Of Mr. Roberts cannot be legally
prevented in view Of the fact that he
comes to Congress with the proper Gre
dentlals and without a contest formally
made against him"
SENATOR EDMUNDs's VIEW.
New York, Nov. 29-Former Senator
Edmunds, discussing the constitution
al rights Of Brigham H. Roberts, OF
Utah. In a statement to the Herald,
said.
"The Constitution fixes and describes
the qualifications necessary for menu
Der Of the House OF Representatives.
/ think the House has no constitutional
right TO add others. either affirmative
ly or negatively. and, therefore, ] think
that II Mr. Roberts was regularly elect
ed, and Of the requisite age, resided In
the State Of Utah, and Is willing TO
take the oath prescribed by the Con-
stitution, the House has no right TO re-
fuse TO allow him 10 be sworn In.
1T Is more dangerous TO the rights
and liberties OF the people for the
House TO set up standards Of admis-
sion not prescribed by the Constltu-
ton than 10 admit to be sworn any
person whom the people Of a state
choose to elect. That done, the Constl-
tuition has itself provided for the House
Kidding itself Of any member who, up
on its own conscience, Il believes for
any reason ought not TO continue
therein"