Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-14
UTTERLY uxwAnnANTED.

II appears TO b. considered by few |
objcctofs perfectly proper for amy see
tartan churchman or church paper. TO |
attack the Representative In Congress- |
from Utah. and to assail the Church Of |
Jesus Christ Of Latter-day Saints. Of
which he 10 a member. but decidedly
improper and wrong for the Descrct
News TO nay anything In robuttal Of the
chargcs that IRE made-beceurc the
News II the Church organ. We have
had occasion before TO remind our IT.
rational critics tina, this IL also a news
paper, with opinions on all subjects that
interest the people and that relate to the
public welfare. Hut their objections do
not matter. We are well aware that
there arr individuals and papers which
would like to gag the Deseret News
and are quite angry because OF their
failure 60 accomplish that objec5 what
they may say or do IA not worth while
10 dwell upon.
The position now taken by nearly all
the influential papers Of the country,
without regard 10 pariy-for this rises
far above any party qucstlon-ln mat
nm Outrage has been pcrpctratcd upon
Mr.. Roberts and upon the state OF
Utah. because the House OF Represent
atlvcn had no constitutional right to
prevent him from taking the oath Of
ONCE. and the seat TO which he was duly
elected and which was not contested by
any claimant for the place. Such pa
pera a. do not coincide with this view
are unable TO onor anything by way Of
legal argument or precedent. TO justify
the exclusion OF member OF Congress
who has the constitutional and atatu-
tory qualifications,
u Il true that Mr.. Tayier. In attempt
Ing TO give reasons for Mr.. Roberta's
exclusion. cited the opinion OF Judge
Pcckhnm. now one Of the Justices Ut
the Supreme Court OF the United states,
who. when On the supreme bench or
New York State held that; ''rhc pro-
Vision OF the Constitution declaring
certain qualifications Tor once was not
exclusive and did not bar the f.eglsia-
ture from imposing new reasonable
and proper qualifications Also that
Mr.. Tayicr quoted from chief Justice
M"'.nan Wv v",'' , '" = -,
w 'h'.h.u W." $4,000 -,
c""'enu '""' wy '''.'9'a,N'' -"
Constitution. such other oath Of office
as its wisdom might suggest" But
what has either OF these utterances to
90 with the case IN onhrlueIa""n
II Is not disputed that Congress has
the power TO prescribe certain punl'h-
cations Tor i's ine'noefa o'her 'nah '".''r
oirrhdy required hut " any oouy "'
sane enough to clalm that when .
member duly elected and possessing alt
the qualifications already established
by law. prosonts himself To tax" the
oath OF Office. now qualifications can
be sprung upon him TO satisfy the ella
NOR of tho multitude. ANA having M
legal forco7 while II may be- perfectly
legitimate for the House OF Representa-.
dives TO duly enact new provisions In
reference to membership in that body
such new regulations cannot be adopt.
ed except In proper legislative form and
procedure. ana cannot be made retro,
active. And no such added quallnca.
tions have yet been prescribed.
Would not the citations made by Mr.
Tnyler. IL nttcmptod at the bar h,
denounced By lawyer. AZ "pettlfog
rinrY" And nre they anv hotter ,yhe,
presented In "A publie iournal. as OK
cuses for shutting out a duly cleote,
Member of Congress- AND Tina aenvin,