Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-06
COMMENTS ON ROBERTS.

The Ogden Standard Republican and
non-"Mormon'Dof December 9th has tbs
annexed editorial comments on the
action OF the House OF Representatives
in the Roberts casai
The action taken by the House, OF
| rather BY the Speaker and those sup
| porting him, In forcing Congressman
| Roberts TO stand aside while the oath OF
Office was being administered TO the
members OF Congress. Is one Of the
| most supplementary irregular acts
ever perpetrated by that body While
Congress Is the sole Judge Of the quail
| hcatlons OF It's members,it must be fair
| IN us dealings with all men who come
| TO It's portals with credentials from
the different States, said credentials
being prima facie evidence OF their
rights TO seats In Congress- After
Congress has been regularly organized,
then Is the time 10 Investigate charges
and not before, otherwise there must
be a pre-1udeing and necessarily a
great opportunity for mlsrepresenta-
ton.
But. strange to say, there are some
men so eager TO gain point In their
favor that they scruple not at irregu-
lar methods as long as those methods
can be done by an evasion OF the law
though the spirit OF the law be out
ragged. There are those whose sense Of
justice can be blunted II an injustice
Is practiced In promoting a cause they
espOuse they laugh at the clever ruse
and when driven TO q corner to explain
the wrong, resort TO the old defense,
the end justifes the means"
The question passed upon, the reader
must bear In mind. Is not p0lygamy
or the fitness Of Roberts In any essen
tial to hold his seat, but the exercise
Of the arbitrary power OF a majority
TO defy all presidents and the rules Of
fair play and ALLOW the word Of any
man 10 prevail against the credentials
supplied a Consressman-e elect by SOW
erelgn State.
The Chicago Times Herald Of Satur-
day, Dec. 2, expressed these opinions,
reasoning from a constitutional point
OF view:
Republicans Of the House altogether
think that it, opposition TO Congress.
man Roberts Of Utah viii justify or tol.
crate any violation OF constitutional
rights TO exclude him from Congress.
Presenting himself as he win WITH his
certificate Of election the statute re-
qures the clerk 10 put his name on the
list Of members. There can be no varl-
alton from this procedure. Neither can
"a 1H.sHH o.. In
member who presents himself with a
properly verified certificate of election.
He cannot 90 behind II.
II must be remembered that under the
Constitution each House shall be the
judge Of the elections returns and quail
ifcations OF It's own members" Each
House determines the rules Of its own
proceedings. The rules Of one Congress
remain those Of succeeding Congresses
'pnless otherwise ordered.
The House is called to order by the
clerk Of the last House, who by statute
Is required In making out the roll Of
memhers-elect TO place thereon the
names Of those persons, and OF such
persons only. whose credentials show
that they are regularly elected In ac-
cordanoe with the laws Of their States
respectively, or the laws OF the United
States" Tho clerk cannot exercise any
discretion In the matter,
When the roll has been called 10 as
certain the presence Of quorum the
House, with the clerk still acting as
presiding officer proceeds 10 the cleo
tion Of a speaker. When this Is done
the speaker directs the clerk TO call the
roll Of members by States, and each
member as his name II called ap-
proaches the chair and takes the oath
TO support the Constitution Of the Uni
ted States.
Up to this point there Is no authority
anywhere TO object 70 the swearing In
OF any member whose name Is on the
roll. Obviously the danger from the
abuse OF such authority Is too great to
be risked
Not until the House Is completely Or
ganlzed Is Il actually invested with au-
thority to inquire into the qualifications
II It's members. Under the Constitu-
ton
Each House may determine the rules
Of It's proceedings, punish its members
for dlsorderly behavior, and with the
concurrence Of two-thirds expel MEM
Der.
This power was interpreted by the
judiciary committee of the Forty-fourth
Congress as evidence given 10 enable
each House to exercise It's constitution
al functions unObstructed and not 10
vest IN Congress Jurisdiction ito try
member for an offense committed
before his election; Tor such offense a
member. like any other citizen, Is
amensble 10 the courts alone"
-.