The evening times., 1899-01-28
MR.. EDMUNDs ON ROBERTS.
The Mormon Congressman May Prop
erly He Expelled.
{From the Christian Herald.)

The Mormon COngressman May Prop
erIy He Expelled.
From the Christian Herald.)
1T is now evident enough that Congress
was mistaken when II passed the enabling
act in supposing that polygamous notions
had disappeared and that the State would
go on in the same way as other States.
Congress also must have overlooked the
fact that any engagements on the part of
the State OF Utah as condition of its ad-
mission 10 the Union relating to the ad-
ministration of it's internal affairs would
not be binding in point OF law, and could
only bind the faith of the State govern
ment, for a breach OF which the only re-
dress must be the forcible overturning
of the State government, which would be
simply war. The instant the State was adj
mitted. every act of Congress relating 10
it's internal policy ceased TO have any force
whatever. The consequence is that in
point OF law. the State OF Utah has the
same sovereign rights that any other
State has. She many punish polysamy
or unlawful cohabitation, or she may au-
thorize it. She may declare. as Congress
had done. that illegitimate children sl.all
not inherit or she may declare, as she ap-
pears TO have done since her admission,
that illegitimate children shall jnherit on
an equal footing with legitimates.
It's the ceremony of making a po'ygamons
or plural marriage. 1t does not prob bit
the carrying on OF polygamous relations
Nor do her laws go any further, so far
as | can ascertain In fact. she is, as |
have said, absolutely Independent of Con-
gress in respect of the subject and she
appears, from all reports, TO be steadi y
taking advantage of her opportunities,
and has II reports are true, deliberately
elected to Congress a person in the open
and notorious practice of polygamy. / am
not informed at what time these alleg ID
polygamous marriages took place. nor is
this material to the question. II they
took place before the State was admitted.
Mr. Roberts could have been punished by
the authorities OF the United States. But
he cannot be now The acts of Congress.
while they punish cohabitants with plural
wives did not punish and were Lot in
tended to punish those who had been IN
the practice OF polygamy for suppo ting
those who had been their unlawful wives
but they did provide for Furnishing con-
tinuance of the polygamOus relations. II
Mr. Roberts polygamous marriages to
place after the State was admitted. ha
would be guilty OF violating the State law
in contracting such marriages, but he
would not be guilty OF violating any State
@
plural wives, for, so far as | am inform
ed there is no such law of Utah. In any
case, as is true everywhere, statutes re-
straining crime are OF no value unless
there be a state of government, executive
and judicial. willing and desirous TO exc
cute the law and bring offenders to pun
ishment It would seem clear from what
has transpired, that the government OF
Utah has no disposition to proceed in thai
direction.
''In this stale of things you ask: What
can the House of Representatives do in the
case of Mr. Roberts? The Constitution OF
the United States provides that the House
of Representatives shall be the judge oil
the election and qualification of its mem
bers. The power to judge of the election
is merely the power to ascertain whether
a majority of the legal voters have in the
manner provided by law voted for the
member, and that is all. The qualifications
of the member are three: He must be
twenty-five years of age; he must have
been seven years citizen of the United
States: he must have been at the time OF
his election an inhabitant of the State. OF
these three requisites the House is the
judge. II he possesses these the House has.
in my opinion, no lawful power to apply
any other or further test in respect of his
being admitted to a seat. 1t would be eX-
tremely dangerous for a Constitution TO
give a majority of House the right to de-
termine what particular sort of man the
people of the State should have the right
to elect to represent them further than our
Constitution has declared.
This is too obvious to require iilustra-
ton. But when man so elected and pos
sessing the qualifications required by the
Constitution has once taken his seat, the
tr,fin hrin into lav hnr nd
entirely different provision, authorizing the
House with the concurrence of two thirds,
to eXpel member. Upon the exercise OF
this right, the Constitution wisely imposed
no limitation except that of requiring the
concurrence of two-thirds to expel. II,
therefore, the Housee of Representatives
shall find on due enquiry that Mr. Roberts
is an open, practical, and persistent polyga-
mist, and the House thinks that in view
of the fact and in connection with the
circumstances under which Utah was ad-
mitted, or without reference to these cir
cumstances. it will be a reproach TO its
dignity and good name to continue Mr..
Roberts as a member, it may lawfully and
rightfully expel him. If it does not act
at all (supposing the facts to be as stated,
it will have given its acquiescent approval
of the conduct of Mr.. Roberts, and of the
action of the people who elected him with
full knowledge of the circumstances, and
henceforth it will be justly considered
that the House has no disposition to inter
fere with the practice of polygamy in Utah.
II it does act and expel the member it will
have declared against the perpetuation OF
that system.
Utah being now sovereign State with
all the power of any other State, neither
house of Congress or the whole Govern
ment of the United States can do anything
further, except by the act of war to which
I have already alluded
DIR. Agnew's Catarrhal Powder
Rev W. Fl. Main, pastor of the Baptist Emanue'
Church, Buffalo, gives strong testimony for and
is a Arm believer in Dr. Agnew's Catarrhal
Powder. He had tried many kinds OF remedie.
rhal Powder / benefited at once are his
words 1t is wonderful remedy 1t relieves in
stanfly-Sold hy + s Williams 9th and L stu