Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-11-01
MisapprehOnsions Corrected as to
Status Of Utah Congressman.
PROTESTS WILL NOT AVAIL.


a Washington special to the Phlladei-
phia Ledger says: The near approach
Of the assembling OF the Flfty-slxth
Congress has caused a revival OF the
discussion of the case of Representa-
uvc-clcct Roberts. % Utah. who IL said
10 be- polygamlat. and against whose
admission 90 seat In the House u
Representatives numerous protests
have been made Ia every section OF the
country Through mislnformatlon
there ls great deal Of misunderstand-
Ing In regard TO this case II IN as
summed that upon a mere objection 10
hls admission Mr. Roberts can be kept
from the seat 10 which he was regular
/ ~ elected until the ease Is brought be-
fore the House Tor Anal action. This
b erroneous. Air. Roberts comes to the
House with a properly attcslcd ccrtl-
| ncnto of election. and no question il
| raised dH Co the regularity u his oloC-
| ton. lio therefore. appears upon pre-.
l Clgcly the same footing ua every other
] mcmher-elcct whose seat n not uuts-
| toned by notice OF contest. The clerk
| of the House lH charged by law to
| make out the roll 81 mcmbcra-clcct. He
| la without discretion IN this matter.
! a NV IlNNHNlNANNNNW OF a NfNANNNMAN OF NNNNH
ton. signed By the Governor OF the
State and bearing its broad seal o.
! mandate upon the clerk. ana he cannot
40 behind that certificate. In calling
/ the roll of memhera-Ulect when the
| name of Mr. Roberts d. reached the
clerk may explain that protests have
! been received against that grnucmnn'a
/ admission but beyond tho statement
~ fact the clerk cannot go. and must
leave ihe entire matter Tor the action
Of the House when duly organized. The
| roll ~ WcmherH-clect ~ init called TO
ascertain the presence Of quorum
After that follows the election ~
Speaker, the roll being again called Tor
that purpose. The Speaker having TAX
en- the oath Of office the names OF mom-
bcra-clcct are called by States, and they
come forward and are sworn by The
Speaker in groups. when Utah II
reached w alphabetical order and the
name uf Mr. Roberts BE- called II win be
competent Tor any mcmbcr 10 object
] 60 hIa being sworn. Such objection will
I require Roberts TO stand aside until
the House d. fully organised when the
/ objection must De taken up and dis
posed ~ before any other business can
be- proceeded with the right OF a mem
Der To hls scat being question OF the
very highest privilege.
ROBERTS MUST BE SEATED.
The question that win be- considered
under the objection raised 20 Mr. Rob
orts viii not Involve direct action
on the merits u the case. nor viii the
objection be sufficient 90 preclude adj
ml1slon pending IT, consideration. The
question 20 be- determined iH simply
whether the objection IL OF sufficient I'M
purtance 81 such character as TO war
rant a reference to the judiciary COM
mittcc Tor investigation and report
That question having been determined,
Mr Roberts VIII be sworn regardless Of
the action ~ the House on the oblec-
tion. The question OF reference Will
require "a majority vote. n II should
, be referred Mr. Roberts will posHesa all
the rghta OF membership pending the
/ report " the committee ana the action
Of tho House thereon. n the cons
| mlttoe should report that Mr. Roberts
3 / wac disqualified By reason ~ having
, / plural wives. and recommend hla ox-
I uulailn. "a two-thlfdr vote would be re-
| quirod 90 give such recommendation
. / force and effect The enorts. there
, fore, that are being directed by re-
. ! lEluuH and other bodies In various rec-
/ tluns ~ tho country TO exclude Mr.
I | Roberto from the roll OF membership oi
4 | the House are migdlrccted and viii D.,
q | futile. lie ~ now practically % mem
. Der of the House. go Tar nH any Rep
81 ] rproutatlvo- elect can be- considered na d
y . member Of that body and the only was
{ no can be- dealt with hy the House q
| by vote or expulsion
JURISDICTION OF THE HOUSE
"Mr. Roberts has retained able coun
. eel 90 attend 10 his ease before the iu
. dietary committee, and Il ~ certain tina
a vigorous nght VIII be made Tor him
During the contest the question Of tn
= ! rirhtful power OF the House over tn
a undoubtedly be- thoroughly discussed
a and ull the prCcodeuta viii be hruugh
r IN prominence. Competent nuthorluc
q who have Investigated the cnHe of Rob
" orta declare that be- cannot be- charge.
T. I with having violated any statutory law
! the Autl-polygnmy act, with the viola
y | tluu of which DO IN charged, hnVlnl
j. force ana o1oct only Ia the Territorlc
and the District OF Columbia, In con
aldorlng questions affecting the quulln
cations " q memher-elcct the llous
has Invariably decided that offence
r against tho moral law were not within
Is the Jurisdiction ~ the House In IN
l. Eighteenth or Nineteenth Congress
n decision M this character was mad
~ that has been followed. \ member wa
"A charged with adultery HE wife hnylnl
= I secured N divorce ON TINT charge. tn
judiciary committee held that this wa
~ not "a ground for legislative action. an
the House. upon the recommendation %
tho committee. ignored the charge. ii
the same ease II was held that the 81
Tense complained NJ was n violation a
y the laws OF the state from which IN
y member came and the official d0cu
10 monts were forwarded 10 the prope
10 officers OF the state for action. Undo
NJ the constitutional power Of the Hous
~ "a Judge of the election and quillnca
'n lions Of its members, Mr. Roberts migh
10 br arbitrarily expelled. provided two
le thirds should 30 vote. hut II ~ safe {
s- assume that the HOUSE viii proceed &C
se cordlug 60 usage and precedent. While
1 ! require that a. menhar-elrct who come
ar with uudlaputed credentials should b
~ nrHi seated on the prima faclc right oi
T.. | tabilshod by such credentials. and nc
corded an rights and privileges until nI
cnFe can De acted upon after proper ir
yesuration by the judiciary committe
and full discussion by the House.
NJ j. NJ, G.
Of JOn COuLDN'r HAVE srOOD
10 II he'd had Itching plloo. Toy'rc tel
" | rihly annoying but Bucklens Arnlc
20 / gnivc will cure the worse case of pllf