Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

House and TO recommend such action
on the part OF the House as should seem
proper. They reported that the charge
was established. and recommended
the exclusion OF the delegate. The ma
Jorlty were OF the opinion that II would
be impolltlc and dangerous TO exocl
delegate. or representative. having the
qualifications prescribed by the Con-
stltution, on account OF alleged crimes
or immoral practices, unconnectcd with
his official duties or obligations. aud
recommended the discharge OF the COM
mittcc from the further consideration OF
the resolution. The House by a vote
OF 20 yeas, nays not counted. refused
to consider the report OF the committee
when submitted. and II was not after
wards considered" paine on Elections,
par. i77 Maxwell v. Cannon. Cnnnon's
case, Smith. 259. smith. iS2.
IL may be contcndcd. however. that
In the Torty-scventh Congress Mr.. Can
non was refused a seat. on the ground
OF bcinE a polygamist. which he then
admitted. and the scat OF the delegate
for the Territory OF Utah was declared
vacant. That occurred under the fol-
loving state OF facts. Mr.. Cannon was
"A contestant for the seat, the governors
certificate having been given to one
Campbell, although he had received but
800 votes. as against Cannon receiving
$4,000 CIslng round numbers). And the
committee reporting the case declared
Campbell not TO he elected. and Cannon
TO be elected, but refused except IN the
report Of the minority to say that he
was entitled to the seat, The debates
IN the case occurred at various times In
the House from early In December, 1851.
until the 18th Of April, 1889. Meantime
the Eiinunds law. creating and defining
the offensc OF unlawful cohnbitation.
and making those proved guilty OF II
ineligible 20 vote or hold Office In tho
Territory OF Utah Cthe law taking eff
feet ON the end day OF March. 1850.
was passed and It's disqualification
for voting and holding office were made
operative upon Mr.. Cannon. A number
OF Numbers declared their reason for
voting TO exclude Mr.. Cannon to he the
passage Of the Edmunds law. that had
been enacted pending the decision OF
the contest. and which they now be-
llevcd applied directly To him the dis
qualifying provisions thereof others
held that such dlscualliications could
be made to operate upon u delegate
from = Territory, while they could not
operate against "A representative, for
the reason that a delegate was n crcn-
turc Of the law which defined his quail
fcatlons, while representative was
protected by the specific qualifications
prescribed In the Constitution OF the
United States. and which acted In ex-
clusion of all others. A delegate II not
constitutional officer. while repre-
sentative In. and can not be affected
by statutory law, which may operate
upon II delegate, as TO his qualifications.
VI.
In further contention that the misde-
meanor OF unlawful cohahitntlon, even
II proven against Roberts. would not
constitute a disqualification for the Of
nee OF representative, II IN here hold
that to make II n decentralization would
be to exceed the power OF the House.
and. OF course. OF this committee.
The qualifications OF representatives
are fixed by higher authority than
the House OF Representatives, VIA: The
Constitution OF the United States
These are;
10 He must be twenty-five years OF
tD lie must be n citizen OF the Unit
ed States for seven years.
90 lie must be an inhnhitant OF the
State from which he IL chosen. (Con-
stltutlon. Art. I. Sec. W
No other or additional qualifications
can be prescribed. Ex-senator George
Il. F.dmunds, In n signed article pub
llshed In the New York Journal. anu
airy, 1899. and later In statement pub
lished bN his authorization In the New
York Herald OF November goth, 1893,
liz authority for the folluwing'
THE Constitution fixes and describes
the qualifications necessary for mem
her % the House Of Representatives |
think the House has no constitutional
right TO add others. either aiiirmatively
or negatively. and, therefore. think