The Richmond climax. (Richmond, Ky.) 1897-1914, 1899-01-25

'NoihS " bDCg litS law DtiOIe IL WAS
tested in the courts, are sore on the
subject, but even these seem now will.
ing to accept the situation; while the
young people, almost ell masse, are out
spoken in their opposition to polygamv,
and revolt at the mere suggestion of a
possible return to it. This feeling
among the young people is shared by
nearly all of the women, young OF old.
The women heard express themselves
were, without exception, not only
strong anti-polygamists, but many
boldly asserted that it was forced upon
them in the first place by the church.
This is the present situation. But if
Mr.. Roberts is found guilty, if he really
has three wives and Congress fails to
unseat him, what will be the result? In
my Judgment such neglect ofplain duty
on the part of Congress would be Get
rimental not only to our common
country but especially to Utah. Since
1862 Congress has never failed, when
called upon to act, 10 place its stamp Of
disapproval uypon this social evil, ard
to fail now, would be to admit error
upon all former occasions, and might
so encourage the leaders of Mormonism
that tley would seek a repeal of law
now upon the statute book of Utah
prescribing the penalty for those guilty
of pOlygamy. In other words, they
might seek to make the old custom law
full, so it may be consistently restored
as a part of their practice. The clause
in Utah's constitution would be dead
letter with no penalty prescribed.
Utah is sovereign State, and what
could our national government do if
she shodld repeal this law? l do not
intend to intimate that nothing could
be done, but do say, it would present a
very nice legal question. Possibly the
anti-polygamist laws passed by Con-
gress when Utah was Territory were
unnecessarily radical. l am inclined
to this belief, but it is too late now 10
recede.
The question is asked, "How would
Congress proceed in this matter?
There is no contest" Many newspa-
pers answer this by referring to Article
], Section 8, Of the Constitution which
provides that: each house shall be
The judge of the elections, returns, ana
qualifications of its own members" bur
the authors OF this answer have evil
IDENTIFY not read the Constitution lately.
This clause simply means that each
house may judge of the fairness of the
elections, the regularity of the returns,
and OF the qualifications of its mem
bers as measured by the requirements
of the Constitution. The Constitution
says Article l, Section >, second para
graph: No person shall be Repre-
sentative who shall have not attained
to the age of twenty-five years, and
been seven years a citizen of the Uni
ted States, and who shall not, when
elected, be an inhabiiant Of the State
in which he shall be chosen" Is Mr..
Roberts qualified under this provision?
If 50, he cannot rightiully he unseated
under the clause 50 frequently referred
to.
But there is another provision in the
Constitution which seems not only to
give Congress the power but the right
to expel a member, even though he
may be qualified. and we see no reason
why it shOuld not be made use of in
Mr. Roberts case. The seconl para
graph of Article l, Section 5, reads:
Each house may demermine the rules
of its proceedings, punish its members
for disorderly behavior. and with the
concurrence of twO-thirds, expel a
member
am Democrat, but if the charges
against Mir. Roperts are true, in my
my Judgment IS Il matter of public
policy, he should be unseated without
dissenting voice. There are times
when politics should he put aside, and
this is one OF the times. Imagine a
proud nation that has just brought to a
victorious end war waged for human
ity's sake, and to extend her great
civilization, allowing a polygamist, a
criminal, to sit in her Supreme Cot n
Gil?
OF course Congress could not, with.
out usurpatiou, seat Mr.. Roberts oppo-
nent. TO unseat Mr.. Roberts would
simply create vacancy to be filed in
the ordinary way.
L have read a number OF Mr.. Roberts
writings, and am well acquainted with
his standing in Utah. He is man OF
unusual briliancy and strength. lie j.
the unrivaled orator Of the Mormon
church. If an effort is made to unseai
him his speech In his own defense will
he worth hearing. 1t viii. be the great.
est advertisement the Mormon religion
has had since Joseph Smith discovered
90 the plates. hIE OLDHAM.
Little Rock, Ark.