The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-13
THE TAR HEEL VOTE
IN ROBERTS CASE
kitchin and Small Opposed
the Tayler Resolution.
BELLAMY VOTED FOR 1T
MIR. SMALL EXPLAINS Al
LENGTH HIS OPPOSITION.
BELLAMY'S POSITION IN THE MATTER
"Unwarranted Invasion Of The Rights Of Quail
fed Electors" Says Small. moral Sense
of the Country Demands this
Course" Saws Bellamy.
Course" Says Bellamy.

Washington, ID. c., Dec 12-(Special.)
The Roberts case continues TO excite
great deal of interest. Messrs. Small
and Katchin of the North Carolina dele
CATION in the House, voted against the
Tayler resolution. Mr. Small says:
My Judgment and my sense of duty
approve my vote against the resolution
of Mr.. Taylor, of Ohio Utah is now a
sovereign State. 1t may have been a
mistake to have admitted her to State
hood (and j think it was), but neyerthe-
less it is an accomplished fact, and the
she stands upon an equality with amy
other State This State is entitled only
to one representative in the House. /
still believe that each citizen within his
limitations lis a sovereign and that when
he is a qualified voter and casts his
ballot he has exercised high preroga-
tive of citizenship
Il further believe that when a nril-
jority of qualified voters of Il State OK
Congressional district have selected a
Representative in Congress and the re-
suit has been certified to under the great
seal of the State, that such a certificate
entities the member-elect to be placed ON
the roll of members and to have the
oath of office administered TO linn as
being prima facie entitled to his seat If
it is alleged that he has not been daily
elected or that he is personally ineligible
to his seat the allegations should be de-
liberately investigated by committee OF
the House and, pending their report. the
member should be sworn and exercise
his Trima faoie rights Amy other course
is fraught with danger and is an UNI
warranted invasion of the rights of
qualified electors and of the duly consti-
tufed authorities of the State.
1t is proper to say that my vote upon
the Tayler resolution must not be taken
as Indicating how / shall vote upon the
question OF his ultimate right to 4 seat.
IF the report OF the committee shall
by proper evidence sustain the charges
which have been made against Mr.. Rob
crts shall most certainly vote to ADOPT
it and declare he is not entitled to his
seat"
Mr.. Belamy. the able young member
from the Sixth. district, gives his rca-
sons for voting in favor Of the Tayler
resolution. He says:
IF Mr. Roberts were sworn ill. then
he could only be expelled, according to
the Constitution, by a two-thirds vote.
and for some misconduct as a member.
Such misconduct must be, according to
the best constitutional lawyers, some net
affecting his character as a member oc-
curing after he became a member, such
as bribery, debauchery. c0ntengptuolIs
treatment of the Speaker and the mem
hers and kindred offences
Therefore it is safe to refuse Roberts
the taking of the oath, in an eXtraordi-
nary case like his, until his ineligibility
can be investigated, and if he be found
inherently ineligible and disqualified he
can be refused his seat as a member by
a simple majority vote; while If the
charge of want of citizenship by reason
of his not being naturalized, and the
further charge of being a polyganDlst be
disproyed, he can then he seated. and
no harm Will be done to the House. the
member himself or the country.
1.-THE moral sense of the country de-
mands this course