Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-04
PUBLIC PRESS.
ON ROBERTS CASE
Place to Try the. Utah Congressman
Is Not in Legislative Halls.
PRECEDENTs ARE lNsIDIOUs
Let Those who Are striving to Proc
tee' the "Amcricsn Iuomc- Take
Note OF what They are Doing.

inc New York World OF ycHtcr1ny,
according to "A Herald special. raid
editorially; II II absurd to say that n
citizen Of the United States or Of any
statc therein has three wives He can
have but one wife. No matter how
many ceremonies he may invoke. no
matter what his opinions as to the mat
trimoniai state may be. he has one wife.
and the two other women and their
issue by him. IL there be issue, have
no standing.
Therefore, the charge against Rob-
erts comes down ~ this: That he be-
Ing a married man " maintaining un-
lawful relations with two women. Hctc
IN criminal charge against man
ana two women, for the Constitution
% the state. of Utah contains the pro-
Visions, which can I've repealed or rem
lerod imperative only by u special
United States statute
Now. II Roberts and the two women
are guilty they can and should be
Tried and punished by the courts Of
Utah. until they are tried and found
guilty, In the manner prescribed by law.
the legal presumption must be that
they are innocent.
Further, II Roberts Is guilty as
charged, the place 10 prove him guilty
IN the court room. not "a committee
room Of the House of Representatives.
a conviction BY "a court would take
from him the privileges OF citizenship
and would make him constitutIonally
Ineligible to "a seat In Congress.
Instead Of going TO court with their
evidence. the crusaders against poly
gamy have come To the House ~ Rep
rcscntatlvcs. Now. What Il Involved In
q refusal TO admit Roberts. ~ an In
formal caucus NJ Republican reptc-
scntntiycs resolved last night to do, or
IN his expulsion after taking his seat
suppose that at some future time a
tyrannlcnl majority In either branch
OF Congress- wished 10 Rct rid Of cer-
tain member or members. constitution
ally eligible. lawfully elected and I'M
doubtedly tho chosen representative OF
certain constituency or constituent
Giles. Why, evidence as to immoral con-
duct or Immoral teachings or beliefs
could be got together. could be heard
and approved. and the obIcctiunal
member or members could be expel-
led ON the very ground on which Rob
erts will have TO be .NDelled--not that
he Is n convicted fclon: not that he
" a proved viOlator Of law; but that II
IL against public policy" for him to
take the seat to which he has been
legally elected, and for which he IL
qualified. and to exercise the rights of
representation which the people OF
Utah hive conferred upon him.
II any senator or representative has
committed offenses against the laws
o. his State, ofrcnscs In no way con-
nectod with the getting OF his seat In
Congress, tho place to try those Of
lenses and to bar the guilty man from
the exalted and sacred privileges Of
American citizenship IL the place dcslE-
mated by the Constitution Of the United
States when Il SAYS; ''The accused
shall enjoy the right TO "a speedy and
public trial by an Impartial jury Of
the State wherein the crime shall have
been committed"
Prccedcnts are insldious. let those
who are striving to protect "the purity
of the American home" think whether
they had not better strive for that
lnudnhlc object IN some way consistent
with fundamental law, The American
home l. not In such imminent danger
that Il must he defended at the cost
Of American freedom and American
Justice.
SOME OF ROBERTS AccusERs.
Here Il a letter from my occasional
Cape correspondent that II blunt. but
right TO the point. says the Boston
Traveller on Its editorial page;
Dear Doctor!-f note that you and
are In very close agreement on the
Mormon" question. Intemperancc In
speech and hypocrisy In action are run
ming mates In the campaign that II be-
ing winged against Roberts. In town
OF 1900 people not thousand miles
from provincetown the majority Of the
voters have kept In ONCE, as the head
man OF the place, u man with one legal
wife and any quantity OF mistrcaaeH.
And they have done this for the past
thirteen years. In spite OF the fact that
he was caught "in fagrantc delete"
and publicly exposed. Now, however,
x.gha "a nathan Ia .l faI la,
20 turn Congressman Roberts out Of
his seat this Official and numbers OF his
supporters. both men and women make
haste 10 sign II.
can We believe that there IL any prin-
ciple underlying the action OF those who
maintain a known adultcrcr In Office at
home and then petition Roberts, asso-
cintes 10 throw him out Of Congrcssf
Proylncetown. J. r. SMALL
wonder In how many other COM
munitics that same condition OF affaita
can be found. Not few, we can rest
assured.
SEAT HIM AND FIRE HIM.
IA the timc for decision In regard 10
the admission Of Roberts Of Utah to his
scat draws near the Indications az 10
the course 10 be pursued become clear
or. says the Cleveland Plain Dealer. A
thorough Investigation OF precedents
NnE hN'N iAA'A' AhH NNAhhhh TINT
viii Justify n refusal 10 permit Roberts
To take his scat In the sixty cases
examined not a single refusal TO seat
"A member with regular credentials has
been found, unless there was a rival
claimant TO the seat.
There In no dispute AS 10 the regt-
larity Of the credentials OF Roberts,
and there " no claimant of his seat.
To refuse him admission would there
fore be an arbitrary act establishing n
precedent which In the future might
have serious consequences for some OF
the very members who are now urging
such action
II IN true that n refusal 60 admit
Roberts would require only n majority
vote, ana that majority undoubtedly
are In favor OF his cNcluMion or ex-
pulsion. But the more the matter ia
studied the fewer become the number
Of those who favor the former OF the
two courses The soundest legal adyis-
ers give warning OF the dangers attend
ing such action,
Once Hcnted the house can cxpol tho
member FOR whatever cause it deems
sufficient. True, II requires a two.
thirds vote To expel and u majority
suillceH to exclude. hut II Ia safer 10
risk the chances OF getting a two-thirds
vote than 20 establish n bad precedent
by the smaller vote. This reasoning IN
having weight with those members Who
were at flrst inclined towards the has
tier action.