The times., 1899-12-13
MR. ROBERTS FILES A BRIEF.
The Special Committee to Publicly
Examine Witnesses To-day.

The Special Committee to Publicly
Examine Witnesses To-day.
Contrary to expectations the special
committee on the Roberts case which me,
at 10 O'Clock yesterday morning held an
executive session for two hours during
which the Utah man filed a brief additional
to his demurrer Of last Saturday, and they
adjourned until 10 O'Clock today, when the
hearing of witnesses in public viii begin.
The executive session was devoted to
the consideration of the report made by
the subcommittee in the question of pro-
cedure If possible the committee wants
to avoid the long trip to Utah and to-
days proceedings may determine whether
or not visit to the Mormon State will
be necessary.
\ number Of voluntary witnesses are
now in the city, and they viii be examined.
Representative-elec Roberts Will be al
lowed to cross examine all witnesses
Chairman Tayler regrets that Mr. Roberts
declined to become a witness.
The main points made by Mr.. Roberts
in his brief fled with the committee are
as follows:
That the proposed proceedings of the
committee would be subveTsive of his
rights in that be is to be adjudged guilty
of crime without due process of law.
That he is TO be adjudged disqualified
by disabilities created by enactments OF
Congress and applicable to the old Terri
tory Of Utah but not applicable 10 the
State of Utah, which disabilities have been
removed by annesties of two Presidents by
the enabling act passed by Congress, and
by the transition of Utah from a Terri
tcriaI condition 10 that of Statehood.
That The crime alleged against him does
not constitute a disqualification for a men,
Der OF Congress unless the House and lis
committee are prepared to assert their
power ard right 10 add TO the qualifications
prescribed by the Constitution of the
United States.
That the proposed proceedings by this
committee would deprive him of The con
stitutional right to a trial by court OF
competent jurisdiction and by a jury of lis
peers within the State and district where
the crime IS alleged to have been commit
! ted and would deprive him Of property and
rights without due process of law.
He therefore asks the committee 10 STOP
its proceedings and consider his prilaa
facie right to be sworn in as member Cf
the House. He is prepared, he says 10
submit 10 the committee his certificates Ok
election and his certificate of citizenship
issued by United States court of compet-
ent jurisdiction. and is ready TO affirm
3
fications prescribed by the Constitution for
a Representative and is willing 90 take the
oath of Office prescribed by the Cons,itg-
ton.
AS to the protests Of certain sectarian
ministers from Utah Mr.. Roberts holds
that the committee ought not to cc%sider
them. for the reason that the affidayits
/ presented by them bear dates as follows
! Thomas J. Bandon, February Is, 1899; Ray
/ T. Bandon, February 13, 1899 LuelIa P.
/ Miles, February u, 1899; Mrs. Marie E..
/ McDougall, May %, 1899, all dates being
! several months prior TO the departure OF
! the Representative from Utah for the East.
/ For more than a year after the charges
/ began TO be made against him, the member
/ from Utah was in and about Salt Lake
all the time and seven months after the
Band0n aifidavits were drawn up
] by a T. Schroeder; and there
] fore said protestaHts had ample
| time TO institute proceedings before
I the courts of Utah which were and
J are open for the prosecution of the charges
made in the past II the protestants have
sufficient evidence they should have cstab-
! lished the guilt Of the man from Utah as
to che misdemeanOr charged, and come
/ here with a court record establishing their
7 charges. although the question would sJli
/ be debatable as 10 whether the misdem-
canor alleged, If proven, would be sufti-
/ cient to bar him from the House; and on
/ that subject Mr.. Roberts has already eE-
pressed his belief and presented argument
! in this paper.