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

-. prlfna facia anu lildl llbHN Va Ns0
us 0'ber.elect from Utah to a seat IN
n ss uouse OF representatives, 10 when
NV was elected by a vote when gave
~ 1865 plurality, II Is case IN
n l there is no contest, and where II
anears that the member-elect posses
spP aI The qualifications prescribed by
Prostitution: and there Is no stat
Wv sither in the State OF Utah or OF
we tinted States, applicable TO the
sass which disGualliies the member
from Utah. -, no., e,ed
cjrst allowing the member from utah
s.eS,ng his seat, alleging that he has
sasn living In violation Of statute IN
T,ob which defines his alleged oftense
~ ha n misdemeanor, punishable by a
AZ N 5000 or by Imprisonment for SIX
,nonths In the county prison, or Dy
Nth fine and Imprisonment in the DIS
cretlon OF the court. TT
S The protestants come here with
~ court record OF the fact Of the crime,
,Sourh II appears that ample oppor-
unity existed so far as time Is con-
sarncd and the ability TO reach the
namber-elect from Utah through the
~Durts OF the State In the absence
~ a court record establishing the al
,ered fact Of mlsdemeanor, after trial
by dua process of law the special
House rommitte undertakes TO establish
no gpilt Of Roberts OF the alleged mis-
demeanor by the examination OF VII
nesses TO which proceedings Roberts
protests and demurs'
Having conceded the facts established
nv the record OF the United States Fed
eral court In and for the Third Judioial
district of the Chem Territory Of
Vtah to-wit: Roberts pleaded guiltS
10 A charge OF misdemeanOr under the
title OF unlawful cohabtation,' In
1889 but having pleaded not guilty to
ali the other charges alleged against
him In the copy OF charges submitted
BY the House committee, Roberts
denies the power Of the House, or TINS
committee. TO try him for the alleged
mlsdemeanor. and demurs to the pro-
ceedings OF the committe, wherein II
contemplates establishing by testimony
either By witnesses personally exam
med or by affidavit, the alleged guilt or
innocence OF the member from Utah OF
mlsdemeanor, namely; polygamous
living with allie -ed plural wives since
1859 and now.
The demurrer Is based upon the con-
ten,ion that the committee has no lur-
isdction or right 10 act as a court or
fury, 10 ascertain the alleged guilt of
Roberts in the way proposed, as APP
pears from the following:
That the proposed proceedings OF TINS
committee to ascertain the quit or IN
nocence OF Roberts as TO his having
committed a misdeameanor In the state
Of Utah, viz: Unlawful cohabitation,
would be subversive OF his personal
rights as a citizen Of the United States,
guaranteed by the Constitution OF the
United States, to-wit:
ID That no person shall be de
priyed OF life. liberty or property with
out due process Of law" art. "
Amendment U. s. Constr
% That "ln all criminal prosecutions,
the accused shall enjoy the right 10 a
speedy and public trial by en- Impartial
Jury Of the State and district wherein
the crime shall have been committed
art VI, Amendment Constr
As to the first right here alleged &c
be violated by the proposed proceedings
Of the House and this committee, the
contention Is that Roberts has vested
property In the emoluments OF his or
fee for the full term for which he was
elected. and II is here proposed to de
prlve him Of that property without que
process OF law, and by a tribunal who'll
ly unknown to usual judicial procedure
and is an invasion OF the 1udicia
branch Of the government by the leg
isative branch.
AS TO the second right here ALLEGED
10 be violated by the proposed proceed
ings Of the committee, It is contende'
that by seeking to ascertain by ex
animation Of witnesses as In crmina
proceedings as TO whether or not Rob
erts has been guilty OF misdemeano
In the State OF Utah, such proceeding
are In effect a criminal prosecution, II
which the accused Is not TO be tried b.
an Impartial Jury, or by a jury at all
nor Is he 10 be tried either In the stat
or the district wherein the crime is al
legged 10 have been committed, but, Of
the contrary. is 10 be tried outside o
the State and the district wherein IN
crime Is alleged to have been com
mltted.
Vuott lTOnl dihe'
1T is one OF the chief merits OF IN
American system that all the power
entrusted TO government are divided IN
10 three great departments, and ina
the functions appropriate TO the legs
latiye, executive, and judicial depart
ments, respectively, are invested IN SCI
arate bodies OF public servants IL
essential to the most successful, prac
teal working OF the system that vi
lines which separate these department
be broadly and clearly defined, and tina
each OF them be restricted to the exei
else OF It's own appropriate powers
the main. the Constitution OF the Unite
States, on which are modelled the fur
damental laws OF the several state
has marked out, with great precisio
and In bold lines the allotment OF u
power TO the legislative, executive, an
judicial departments OF the governmen
The constitutional provision that u
judicial power OF the United stat'
shall be vested In one Supreme Cour
and In such inferior courts as Congre'
may, from time to time. establish, Is
virtual declaration that no judiclai pow
or shall be exercised by Congress
either OF its branches, except IN u
few cases therein particularly specine
An investigation. which is judicial
its character. and relates TO matte
wherein relief can only be bad
judicial proceedings, involves the exc
else OF a power. which is conferred
the Constitution upon the judicial, al
not upon the legislative departments
the government The power exercise
by the House OF Representatives, una
resolution directing an INQUIRY IN
the transaction OF certain dealers
real estate, based on the recital IN
insolvent debtors Of the goyernme
were interested therein. Is )udlcl
power, not conferred upon the Hou
by the Constitution: and the House q
not lawfully compel a witness to tesl
~ In such a case, or punish refus
TO testify by Imprisonment for co
tempt. The order OF the House. IN su
case, declaring the witness guilty
contempt and commanding his imprl
onment, by the sergeant at-arms, 9
fords the latter no protection In an
ton for false Imprisonment
Paine on Elections, lss. Edition
n.xs.t.aanQinQ WIN oar