Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-11-28

ton of the Edmunds act, and expel him.
1t is this sentiment growing stronger
every day, which is being brought to bear
upon members Of the House, and impelling
them to line up with the forces which.
sooner or later. viii demand Mr. Roberts
expulsion by a two-thirds vote, If all other
methods to oust him fail.
1t is recalled that when polygamist Can
non was denied admission to the House it
was charged that he was being prosecuted
for his religions sake. The answers made
to that charge are quoted from the commit
tee report on the case:
PoIygamy, Not Religion, Attacked.
ut cannot be said that polygamy can be
protected under that clause of the Consti-
tuition protecting every one in the worship
of God according to the dictates of mis- own
conscience, and prohibiting the passage of
laws preventing the free exercise thereof
1T is true that vagaries may be indulged
by persons under this clause of the Consti-
tuition when they do not violate law out
rage the considerate judgment of the civil
lied world But when such vagaries trench
upon good morals, and debauch or threaten
to debauch public morals. such practice
should be prohibited by law like any other
evil not practlced as matter of pretended
conscience.
And while it is a matter Of but little
moment to the country at large what the
peculiar belief of Mr. Cannon may be, still
it does become a matter of grave impor-
tance when he presents himself as the rep
resentative of a great crime, not only a
moral crime, but legal crime, denounced
as such by the civilized world, and so de-
clared by the highest tribunals of justice
in the land, and boldly demands that he
shall be recognized such, and we cannot
comply with such demand without making
that criTas our own.
Fatal to Welfare of the State.
Federation of religious views liz a holy
duty enforced on Congress by the Constitu-
tion but no law does or can exist which
permits liberation OF a practice hostile to
the safety of society. Such a practice may
be introduced by the best and highest
human authority but whether under the
name of prophet, priest or king, II matters
not so long as the practice introduced be
against established law Of the land or fatal
to the welfare of the state.
Il. Polygamy is the basis of fanat1cal
hierarchy which is antasonistic to in
stitutions and laws, and no one who is sub
ject to it can be we'll disposed toward the
government of the United States
80. 1t is a disgrace to our civilization and
offensive to the moral sense of mankind.
IS. 1t breeds open defiance of our laws,
and renders republican form OF govern
ment impossible where il prevails.
II. 1t is hostile TO civil society, and fatal
to the welfare of the state.
This case should be sent back to the
people of Utah with a stern admonition
that no person shall ever be seated as a
delegate in this House who violates the law
and offends George Q. Cannon has Of
Tended. and still does offend, by his own
solemn confession"
is no indictment against Mormonism as d
religion. 1t is against poiygamy.
The opposition to Mr.. Roberts is not that
he is a Mormon, but that he Is a polyga-
mist, living in the relations of wedlock with
plural wives The retort that this state has
rot been proved to Congress is being met
with the suggestion that the burden OF
proof be placed upon Mr.. Roberts. In other
words Thai he he reUiif6d to show thai
is not polygamist.
Mr.. Hepburn's Views.
Representative Hepburn, who has been
giving very careful consideration to the
Roberts case. says that the question of
form of procedure must be thoughtfully
considered before anything Is done, so as to
avoid making an uIdesirab BILE precedent.
He says he does not think that there can
be any doubt that Mr.. Roberts must not be
permitted to sit S a member of the House
and that the only question is to adopt the
most orderly and proper way of protecting
the House from having his presence i'm
posed upon it. There are, he says. several
different views Of the case being urged, all
looking to Roberts exclusion from the
House, and Mr.. Hepburn is not altogether
certain in his own mind as to which would
be best.
He saws he believes however. that there
| Is no flaw in the legal proposition made
from one view of the case, that Ctah has,
by the violation of the compact under
which she was admitted to statehood Tor
feted her right to representation in Con-
gress. In his judgment, Congress could en-
force this forfeiture to the fullest extent
ard deprive Utah of her statehood and con-
sequent representation in both houses OF
Congress.
Or. the matter might be carried only to
he extent of the House declaring that
Utah should be deprived of representation
IN the House until such time as she saw
fol n : 1Lfa
whose election was not a violation of the
nCmpact made with the United States gov
arnment. &c says he does not see that
his proposition is in any way subject 10
legal objection.
May Prevent His Taking the Oath.
| Another view of the case strongly urged,
Mr. Hepburn says, Is that of not permitting
| Roberts to take the oath of office, ana that
| it seems proper that he should not be per
| mitted to clothe himself with the powers
and rights of q representative IN the face
Of the fact that the state has sent him
here in violation of the conditions under
which she was admitted to the Union.
| But in considering the proposition to deny
! Roberts the right to take the oath the dan
ger of a precedent being made must be
taken into account. The House ana every
| member thereof, he says, may act IN a
judicial capacity with respect to the quail
| ifications of members, and may DECIDE the
| case on evidence sufficient to convince the
| members of the propriety of the action:
| This right to decide might be exercised at
! once the member presenting himself to
| be sworn in, if majority of the members
| were convinced of his guilt, but there being
| nothing on record of the evidence upon
| which the action was based. 1t might ap-
| pear hereafter, when turned to as a prece-
| dent. sim oily that a member was arbitrarily
| prevented from taking lis oath, and at a
| time of serious political disturbance, when
| party spirit was greatly excited, the prece-
! dent might be so applied as to create con-
| fusion destroy legal majority, or, by re
| prisals. empty the House of everybody but
| the Speakar-to give the matter an extreme
| application.
The fact Is. he says while the manner OF
| procedure must be carefully considered.
| there is absolutely doubt of the right OF
| Congress to expel or exclude Roberts from
| the House. He says he has not yet made
| up his mind as TO whether he should be
| excluded at the very start or be permitted
| to take the oath and then be expelled
! HOUSE DISTRICT COMMITTEE.
| Practically Decided That Mr. Bah
cock VIII Re Chairman.