The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-12-02
MUST NOT TAKE THE OATH
MUST WAIT UNTIL INyESTIGA-
TION is OVER.
THE PLAN OF PROCEDURE MAPPED OUT
This Involves no Prejudgement Of the Case, and
Precedents For 0bjecting to Swearing
in Member Duly Elected
Are Many.

Washington, Dee. 1-At conference
of about twenty-five prominent House
Republicans held at the capitol tonight
it was decided that the elibility Of Rep
resentative-elect Roberts, of Utah, TO
occupy a seat in the House of Represen-
tatives should be investigated and de-
termined and that pending the decision
he should not be permitted 10 :ake
the oath of office.
This decision was arrived at by those
present without a dissenting voice. Rep
resentatiye Tayler, of Ohio, who will
have charge of the matter in the House,
explained, after the conference had adj
journed, that this proceeding does not in
volve prejudgment of the case, but, ir
respective of party, will afford the mem-
bers an opportunity to vote after thor
ough investigation and complete presen-
tation Of The case for their consideration.
Mr.. Tayler had made study of the
allegations and precedents and presented
them at length to his colleagues. He Of
fered plan of procedure which was
agreed to after a general exchange of
views. The procedure is to be as fol-
lows:
When Mr. Roberts appears at the bar.
of the House to take the oath objection
is to be made upon the ground that he is
! ineligible. He will then step aside, and
after the ether members are swCTn in,
the member making the Objectionable
probably will be Mr. Tayler-will recite
| the allegations and offer resolution for
their investigation by a special commit
tee This will give the House an oppor-
tunity to vote in the first instance upon
the question of postponing the admins
traticn Of the oath until after the allega-
tions have been investigated. The reso-
| lutions have not been formulated yet, but
they will include the investigation of the
charge that Mr.. Roberts alleged convic-
tion of violation Of the Edmunds Act in
| 1889 renders him ineligible by the terms
of that act, whether the fact that he is
an avowed polygamist renders him IN
eligible, and whether the State of Utah
in electing him has not violated the coan-
pact by which she obtained statehood
Mr. Tayler says the precedentS for OBJ
jecting to the swearing I'M of a member
duly elected and bearing proper creden-
tials are numerous and in point. Among
others are the well known cases of Proc
tor Knott, Boyo Winchester and john
NJ Rice, of Kentucky, who were elected
to Congress shortly after the war and
who were charged with ineligibility on the
ground of disloyalty. All these prece-
dents were cited at the conference to-
night. These precedents lead to the con-
1 clusicn that objection can be properly
made to the swearing in of member
where there are apparently well ground
| ed reasons for believing him to be i'm
eligible.
The resolutions will provide for the apr
pointment of a special committee of either
seven or nine to be named by the speaker.
Representatives Powers, Vermont, pre-
sided at the conference tonight. Those
present were Messrs. Henderson, iowa;
Grosyenor, Shattuc, Southland, Kern and
Tayler Ohio; Powers, Vermont; Me-
Pherson, Iowa; Dalzell, of Pennsylvania;
Payne and Sherman. New York; Hill,
| Connections: Thomas, Iowa: Alexander
and Ray, New York Curtis, Kansas;
Warner, Illinois; Landis, Indiana; Cam
non. Illinois; Morris, Minnesota; Steele,
indiana; Long, Kansas
The Roberts case is not to come up
for consideration at the Republican eau
Gus tomorrow night. The Republican
leaders do not desire to make the question
in any sense q party issue.