Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-14
UTTERLY UNwARRANTED.

a =
Il appears to be considered by few
objectors perfectly proper for any Sec
tartan churchman or church paper, to
attack the Representative in Congress
from Utah. and to assail the Church OF
Jesus Christ OF Latter-day Saints, OF
which he is member. but decidedly
improper and wrong for the Deseret
News 10 say anything In rebuttal OF the
charges that are made-because the
News" Is the Church organ. We have
had occasion before to remind our lr-
rational critics that this is also a news
paper, with opinions on all subjects that
interest the people and that relate to the
public welfare But their objections do
not matter. We are well aware that
there are individuals and papers which
would like 20 gag the Deseret News,
and are quite angry because OF their
failure 20 accomplish that object What
they may say or do Is not worth while
TO dwell upon.
The position now taken by nearly all
the influential papers OF the county,
without regard to party--for this rises
far above any party questlon-is that
an outrage has been perpetrated upon
MIR. Roberts and upon the State OF
Utah, because the House of Represent
o.t..... kad ~ .oputtsuftenaI riCbt 10
prevent him from taking the oath Of
office, and the seat TO which he was duly
elected and which was not contested by
any claimant for the place. Such pa
pers az DO not coincide with this view
are unable to offer anything by way OF
legal argument or precedent, to Justify
the exclusion Of a member OF Congress
who has the constitutional and statu-
tory qualifications,
II Is true that MIR. Tayier In attempt
ing to give reasons for Mr., Roberts's
exclusion cited the opinion OF Judge
Peckham, now one Of the justices Of
the Supreme Court OF the United states,
who, when on the supreme bench OF
New York state, held that; "The pro-
vision OF the Constitution declaring
certain qualifications FOR Office was not
exclusive and did moi bar the Legisla-
ture from imposing new reasonable
and proper qualifications" Also that
Mr., Tayler quoted from Chief Justice
Marshall the opinion that: He would
be charged with insanity. who would
contend that the Legislature might not
supcfadd to the oath directed by the
Constitution, such other oath OF office
as its wisdom might suggest" But
what has either Of these utterances to
do with the case In considerations
II is not disputed that Congress has
the power to prescribe certain quali6-
cations for It's members other than those
already required But Is any body in.
sane" enough to claim that when a
member, duly elected and possessing all
the qualifications already established
by law. presents himself to take the
oath Of Office. new qualifications can
be sprung upon him to satisfy the ella,
NOR of the multitude, and having no
legal force? While IL may be perfectly
legitimate for the House OF Representa-.
lives TO duly enact new provisions In
reference to membership in that body.
such new regulations cannot be adopt
ed except In proper legislative form and
procedure and cannot be made retro
active. And no such added quallfca-
tions have yet been prescribed.
Would not the citations made by Mr.
Tayler, II attempted at the bar. be
denounced by lawyers as "pettifog-
ging?' And are they any better. when
presented in public Journal. as ex-
cuses for shutting out duly elected
Member Of Congress, and thus denying
a sovereign State its right of represent
tatlon under the Constitution and ex-
listing laws Of the United States?
1t is useless for any one 10 attempt to
dispute the fact, that In the course pur-
sued against the Congressman from
Utah, his constitutional and legal rights
and those Of the State which elected
him have been grossly and indecently
trampled upon, from a craven fear Of
popular fury. II IS also vain to deny
the equally patent fact that the noise
of the multitude, started from the Sec
tartan preachers and their organ In this
city originating in malice, chagrin and
falsehood.
II this is unpalatable to either the
preachers or the politicians, or both,
We cannot help it, and 1t does not worry
us IN the least II Is only one more
piece Of evidence that when
they attack the majority Of
the people OF Utah. either
from religious or a political stand
point, IN order 10 succeed even temper
arily, they have TO 20 outside the
bounds Of truth, precedent and consti-
tutlonal law