The sun., 1899-12-07
The Roberts Case in Congress.

The refusal OF the House OF Representa-
tives to admit BRIGHAM II. ROBERTS OF
Utah TO a seat In that body can be justified
only on the ground that he does not possess
the qualifications prescribed by law for
membership in the popular branch OF the
National Legislature.
The Constitution OF the United States
provides that each house OF Congress shall
be the judge OF the qualifications OF its own
members. When, therefore, "a person pre-
scnts himself claiming to have been elected
member OF the House OF Represen tatives,
1t is the right and duty OF the House care
fully TO investigate his qualifications. il
there Is any real doubt about them; and, II
a determination upon the question OF his
admission must be delayed In order to con-
duct the inquiry with care, tho delay Is
justifable.
It must be remembered that tho Constitu-
tion Ia the only law which can prescribe tho
qualifications for membership, and these
can neither be added to nor diminished by
any statute OF Congress. Tho Constitution
is necessarily exclusive on this subject.
1T would seem but fair reasoning" says
STORY in his great treatise on the Constitu-
ton, upon the plainest principles Of inter
probation, that when the Constitution estab-
llshed certain qualifications as necessary
| for office, 1t meant to exclude all others
as prcrequisites.'
The inquiry az to Mr. ROBERTS at this
time, should be limited in It's character. The
| question to be determined is not whether
the applicant has been guilty OF miscon-
duct watch might warrant his expulsion
after admission, but whether lie fulflls
the requirements OF the law In respect to
eligibility.
The positive qualifications which the Con-
stitution prescribes for membership In tho
House OF Representatives relate to age,
citizenship and residence At the outset OF
the controversy concerning Mr.. ROBERTS
II was suggested that there was some doubt
In respect to the suIlciency OF his record OF
naturalization. This objection appears TO
have been abandoned In the proceedings in
the House on Tuesday; and the true ground
on which admission was refused to him for
the time being was that no was charged with
having violated the laws against polygamy.
In the course OF tho debate Mr. TAYLRR
OF Ohio declared that Mr.. ROBERTS was in
eligible under the statute OF tho United
/ hHOWH as buc HCU
which was passed in 1897, and provided for
the judicial dissolution OF tho Mormon
Church Corporation. He probably meant
the earlier act, commonly called tho Ed
munds law, passed in 1892 which contains
a provision declaring blgamlsts and polyga-
mists Ineligible to Office under the Territory
OF Utah or the United States. Even II the
terms OF this prohibition are broad enough
to include members OF Congress, which
Is very doubtful, we have already pointed
out that such legislation must be rega rded
ms Intellectual, so far as it attempts TO add
anything to tho constitutional aualinca-
tions for membership in the House OF Rep
resentatives.
Each house OF Congress, with the concur
renee OF two-thirds OF its members, il
authorized by the Constitution to expel II
member. II AIr. ROBERTS Is kept out of the
House OF Representatives OH the ground
that he ia polygamist, or on any other
ground than lack of the qualifications re-
quired by the Constitution, he will be
excluded without warrant OF law, although
IL may very well be that the cause OF his
exclusion would justify his expulsion after
he had been admitted to his seat While
the result OF exclusion will practically be
the same as expulsion, yet 1t may be
attained without the two-thirds vote which
the trainers OF the Constitution deemed
essential to such severe and far-reaching
action as expulsion.
1t Is dangerous precedent to give a
mere majority in Congress the power to
exclude duly elected Representative who
possesses the qualifications demanded by
the Constitution. II Congress chooses, by
two-thlrds VOTE to turn him out after he
gets in because he has been guilty OF some
act or misconduct inconsistent with his
duty or o1lcla trust. whether II was