The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-06

He was given round of applause as he
took his seat.
Mr. Dinsmore democrat of Arkansas,
briefly opposed the Taylor resolution.
Mr. Grosvenor, republican of Ohio, de-
nounced Mr.. Roberts statement concern
ing the appointment by the president of the
polygamists in Utah as a. miserable sub
terfuge ~ make the statement" said he,
land I defy contradiction, that the presi-
dent of the United States never knowingly
appointed polygamist to office. AS well
might one charge that the president had
plunged his stainless hands into human
blood as to charge that he appointed to Of
flee men guilty of this crime. (Repuoll-
can applause)
81 charged, and 1 reiterate it," said Mr..
Roberts that men appointed to office In
Utah were charged before the president
and the senate with the same misdemeanor
of which it is charged am guilty.
''Were they guihy?" inquired Mr.. Dali
zell
at does not appear whether they were
guilty." answered Mr.. Roberts, raising his
voice and looking around the hall. ."They
were only charged as I am charged CAP
plause on the democratic side, in whlch
many in the gallery joined)
Taylor Concludes
Mr.. Taylor concluded the debate. Mr.
Roberts he said, had exhibited a large in
capacity ito understand his cTaylor's) posi-.
ton, his (Roberts) position or the spirit OF
the American people-a righteous express
sion of their sentiment, justly ROUNDED,
however much misdirected He did not say
Mr. Roberts was guilty. But he lndleateo
him upon his own responsibility.
Mr. Speaker these are the alleged facts
against the claimant. First, that he was
indicted February, 1887 for unlawful CO.
habitation under the Edmunds act ana
pleaded guilty April 20, 1898, and was IN
carcerated ON that account in the peniten-
tiary for four months; second, that he has
persistently from that time forward down
to a recent date been guilty of the offenses
of unlawful Capitalization and also that ne
has continued from the date of his convlc-
tion and Is now a polygamist.
by the alleged facts the questlons are
raised: First after he was convicted IN
1889 did he not then become and ever AFTER
ward remain by reason of section inellgl-
BILE to be member of congress unless ne
was pardoned. If he was guilty or polyga-
NOUS cohabitation between November l.
1890. and the date of the Harrison procla-
mation he was not pardoned by that proc
lamation.
'aT'his situation. assuming the facts to be
as alleged raises several question
l. If Roberts was convicted as stated, is
the burden on him to affirm actively or TO
bring himself within the enforcement OF
the amnesty proclamation.
@ If he was guilty of polygamous conabi-
tation after November l, 1890 Is he not
without the benefit of the proclamation?
3. If he continued to be the head of more
than one family under his original polyga-
nous marriage contract after the first of
November, 1890 and without polygamous CO.
habitation. then is he not polygamist I'M
der the definition of the supreme court in
the case of Murphy VS.. Ramsey?
A. May not the facts, if established and
Independent of any law creating ineligi-
bility, justify the house in refusing admis-
sion to Roberts?
g.. Does not the compact created between
the United States and the state of Utah
by the proclamation enabling the act and
constitution justify the house in refusing
to admit a representative from that state
who is today under the definition of the
supreme court, polygamist?
6 May it not be that upon careful exami-
nation of the law it will be found that the
claimant is not a citizen of the United
States and If not of course ineligible?
Z. Is it wise, If the facts alleged are true,
unless we are absolutely without power to
keep Mr.. Roberts, to subject his case to the
doubtful process of expulsion? Is.
Has No Right TO Expell
Doubtful for two reasons: First, be-
cause 1t requires the concurrence OF two
thirds to expel him; second, because very
eminent lawyers from the beginning of the
government down to the present time have
taken the position that the house has no
right to expel for some misconduct while
member and relating to his office as a
member"
Mr.. Taylor then went into legal argu-
ment in support of his position
The vote was then taken, first on the
substitute, which was defeated; yeas %,
nays 247 The vote then required upon the
adoption of Mr. Taylor's resolution, the
roll being called upon the demand OF the
republicans. The resolution was adopted
yeas. 3O2: nays, 80. Those who voted in the
negative were as follows: Adamson. Allen
of mississippi, Bailey. Ball, Brewer, Burle-
son. Carmack, Cooper, Davey, deGraffen-
reid, Dinsmore, Fitzpatrick Fleming,
Kitchen. Lester, Lewis, Mcclellan McCui-
loch Maddox, Norton of South Carolna'
Rhea of South Carolina, Harrison, RobDins'
SIavden. Small, Snodgrass Stephens, Tur-
nor democrats; Newlands of Nevada, sill
verite; Loud, of California, republican
The speaker then appointed the Following
members as the special committee upon
the resolution: Republicans-Taylor or
Ohio, chairman; Lands of Indiana, MOTIFS
of Minnesota, Freer of West virginia, Lit
tlefield of Maine, Mcpherson of Iowa.
Observation-Disclosures of Missouri, Lam
ham of Texas, and Myers of Indiana.
The death of the late Representative Set
tle of Kentucky, was then announced, and
at 6:25 as a further mark of respect the
house adjourned until Thursday.
THE SENATE
Washington, December 5-Today's session
of the senate lasted two hours and forty
minutes, practically the entire time being
consumed in the reading of the presidents
message. The reading was largely perfume
tory, few senators according it any atten-