Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-21
work that has been done Here is It's
latest desperate effort:


Is sovereign. In It's sovereign way II
asked Mr.. Roberts when he crossed the
threshold OF the august chamber a
question. IL he answers ID one way he
will BE- admitted without debate; u he
refuses he will probably be shut OUT
The only trouble with that reasoning
Is that It Is not true. Congress Is re-
strlcted and governed by the Supreme
Law Of the land II has no power that
is not constitutional II Is endowed
with the right TO Judge OF the qualin-
cations Of It's members, but those quail
hcations are defined either by the Con-
sututlon itself or by laws that have
been enacted in pursuance thereof, The
House Of Representatives has no right
to require new qualification as to
membership until It has been duly en-
acted. That Is a plain proposition, to
which every person versed at all In
the regulations that govern legislative
bodies viii assent. The action taken in
the Roberts case was in violation OF
this simple principle and Is so regarded
by lawyers and leading editors.
When Mr. Roberts crossed the
threshold" he was not asked a question
Of any kind. That is sheer invention.
lie stood there, lawfully and personally
the peer of every man in the chamber.
objection was made to his being sworn
in. because public opinion, which is
unstable rs the wind, had been aroused
by preachers and politicians to such a
pitch. that the majority Of the mem
bcrs present were afraid Of It's probable
effects II they failed TO give way to II.
They know now that they made blum
der The error would be the same
II they did not so regard 1t.
The idea that either an excited
populace or men who succumb to It's
clanor are lnfalllble, is worthy only Of
the paper which expresses the sentl-
ment. Here is what 1t says;
when any man or paper says that
ten 60 one OF the members OF Congress
regardless OF party voted for something
that Is pretty nearly saying that the
public sentiment OF this nation was car
red out
That puts II IN much mllder forn
than il has heretofore been stated by the
Tribune, but it conveys the same idea
expressed by noted anti-'Mormon'
senator, who. when reminded that
certain measure he proposed was UNI
constitutional exclaimed THE Con-
stituilon! Pshawl The will Of the peo-
pie, that is our constitution This Is
heresy masking under the garb OF
truth The will Of the people Of the
United States is the supreme law, when
II has been formulated and expressed
in the manner agreed upon by the peo-
pie and embodied In the National Con-
stitutlon. Not until then Is 1t anything
more than opinion. It has no legal
force It should have no governing
power
Public sentiment is one thing today,
a totally different thing tomorrow 1t
VIII crown naval hero with the VIC
tors wreath, load him with honors, fur
nish funds to buy him home, and In
a week or two cover him with obloquy,
and denounce him for his manner OF
dlsposing Of the home that was his own
10 do with as he pleased. 1t VIII de-
| mand with united veice measure or
man which, in another breath, 1t WIN
execrate and desplse.
Whoever advocates the doctrine OF
fawnlng before a popular outbuist and
ignoring law and rule in obedience to a
public demand OF the moment, is an
enemy 10 his country and a foe to us
institutions. The adoption OF such a
policy would dethrone all constitutional
authority and break into pieces the
grand organism Of this Republic. il Is
the false step in that direction In the
Roberts case which we deplore. And
that we are not alone In this, the mum"
erous warnings that issue from the most
influential portions of the American
press clearly demonstrate We have al
ready published a number of articles OF
that kind, and have great many more
at hand for which we have not space at
present. However, to meet the asser-
lions Of the Tribune, we VIII here APP
This is from the Baltimore Sun;
1.-THE House had IT in its power TO ex-
pei Mr.. Roberts in perfectly orderly
and legal manner. 1t has seen nj TO SUD
stitute the process OF lynch law. IL
succumbed 20 a sudden access OF hys-
terical excitement. Although the regu-
larry and lawfully elected representa-
tive OF sovereign state duly accredlt-
ed as such. and as much entitled prima
facie to his seat as the Speaker him
self or any other member of Congress,
the House resolves that he shall not be
sworn in, and makes q mockery even
az the semblance Of trial by referring
his case to a tribunal already pledged
10 convict--every member OF which had
already voted for the resolution to eN-
clude. In the vote which was taken no
party lines were drawn Republicans
and Democrats tumbled over each
other in their extreme eagerness TO
purge themselves OF the slightest sus-
picion even OF being willing TO show
Mr.. Roberts ordinary fair play. Men
prominent in public life. who were on
record as having expressed themselves
In published interviews within the past
| few weeks as i'm favor OF a different ana
more orderly form OF procedure, UNI
blushingly ate their own words and
voted against their own real convic-
tons
We take the annexed from southern
paper, the Alabama Age Herald
If the case had been treated in ac-
cordance with precedents two things
would have occurred that have not oc-
CURED and win not occur, namely
Roberts would have been seated be-
cause he holds a certificate OF elec-
ton. After he had been seated, his