Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

limited to cases expressly provided lor
In the Constitution, and TO cases where
the power is necessarily Implied from
those constitutional functions ana
duties. 10 the performance OF wnlch II
is essential" (Paine on Elections, $751;
par. 1851
ii.
Roberts wholly denies to the House
of Representatives, or 10 It's coliilh'tlse'
the right or power TO adJudge MN
guilty OF the msdeamor charged, OF
snv other crime. except upon the evil
dence of the record Of court OF COM
netent Jurisdiction to prove the fact
that guilt has been established aiteT
due process Of law,
.It NAV be stated as a well-settled
Droposltion that statutes ana constllu-
tional provisions making ineligible 10
office any person who has been guilty
Of crime or breach Of trust, always pre-
supposes that the fact Of the commis-
sion of such a crime or breach OF trust
has been ascertained and adJudged Dy
the Judgment Of a court OF competent
jurisdictions Such a fact can only De
established by trial and judgment In
due course OF law, in which the accused
shall be entitled 10 full and FAR near
ing" (McCrary on Elections, 4th Ed
par. si5.)
Paine. in his work on elections, in
sneaking of the act of July on lSbZ,
which prescribed the oath OF ONCE
known as the "iron-clad OATH calls
attention to the fact that II was OBJ.
iected TO in the Senate on the ground
that IL prescribed. In violation OF the
| Constitution, new qualincatlon LOT
senators and representatives. lie says.
"But the reasons urged In support
| NJ this enactment embraced no clalln'
or pretense, that Congress had any
| constitutional power to fix or alter the
qualifications of senators or representa-
tiyes. otherwise than as punishment,
for crime after trial. conviction, ana
| sentence according TO law frame )
Elections, p. lOi, par lSo)
In further discussing this matter In
footnote, the learned authority re-
| marks. .,-,.. 49,.
mrhis decision Is not an authority for
the position that the House OF Repre-
sentatIves, in the exercise OF us pc" /,
/ or 70 Judge Of elections. returns, anu
| qualifications of its members may ny
n mere majority vote, exclude a MEM
ber.elect charged with, but not con-
yIcted. OF crime. The doctrine OF the
case Is that the House can not so eN-
clude a member, except after conN lo
ton had, and Judgment OF dlsaual'iI-
catloi, actually rendered accoIuiIs ~
law" (Paine on Elections iVs' ioo'-
note.) ,on,to,,
| pa
phrey Marshall case
senator Humphrey Marshall, OF
Kentucky. having been charged py lwo
Of the judges OF the court OF Appears
OF that State with the commission ol
fraud and perjury before MS eieetlon
an investigation was requested ny &C!
tain representatives OF hei'uvhy
,rhIch Mr. Marshall assented. But the
enrnn,,,tee were Of the opinion that, In
q case OF that kind, no person could 0'
h,id 10 answer for an infamous crime
unless on nresentment, or indictment
~ n Grand fury, and that, In all suci
nro.eoitions. the accused ought To b'
,,Ied Inv an impartial jury OF the Stat'
.rd district wherein the crime had Deei
Committed: that no sufficient reasoi
had teen shown why the accused nae
not been tried in Kentucky. that un
M no was legally convicted the prin
G.ies OF the Constitution and OF IN
corunon law concurred In presumini
maj he was innocent: and that az IN
constitution did not give TO the senat
in1sdIction OF the case, the consent o
lie parties could not give IT," Paine OF
Elections. par. l052)
n ma be contended That the pres
ont proceedings Of the House commit
tee are not 10 find II the member iron
Utah is disqualified by some expires
statute or constitutional provision. an
therefore the authorities quoted abov
do not apply. The plain answer to sue
a contention would be that, II In a pro
ceedine TO ascertain II person Is N
, eligible 10 Office under some disquaiitS