The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-13
ROBERTS WILL PRESENT
A LENGTHY ARGUMENT

| Washington, December 12-The Roberts
investigating committee held a short ses-
| sion behind closed doors this morning, and
+, at noon adjourned until 10 o'clock tomor-
row, when the actual hearing of witnesses
| will begin. Today's meeting, 1t was ex-
| planned, was to permit the committee to
| receive and discuss reports on procedure.
form of subpoenas, etc. Quite gathering
of Mormons and gentiles waited outside the
committee room expecting to be called in
but at noon the committee adjsurned until
IL O'Clock tomorrow, when the actual hear
ing of witnesses will begin
Mr.. Roberts saw Mr.. Taylor as soon as
the committee adjourned and submitted his
brief.
1t was lengthy legal argument against
the rights of the committee. He urges that
the constitution gives protection against
trial without the process of law; also
against taking property, such as the salary
of an office, without due process of law.
He sums up as follows: From the fore
geing established doctrines the rights of
members OF congress are as follows:
nnat the proposed proceedings of this
committee would be subvertiye of the
rights of the member from Utah.
l. In that he is to be adjudsed guilty of
crime without due process of law
q That he is to be adjudged DISQUALIFIED
by disabilities created by enactments OF
congress and applicable to the old territory
OF Utah, but not applicable to the state OF
Ctah, which disabilities have been re-
moved: (a) By amnesties of two presidents,
sol oy rhe enabling act passed by congress,
(c) by the transition of Utah from a ter.
rjfnriQI
D. 1t further appears that the crime ale
legged against the representative from Utah
does not constitute disqualification for a
member of congress unless the house and
committee are prepared to assert their
power to add to the qualifications prescribe
ed by the constitution of the United States.
a. And further, the proposed proceedings
by this committee would deprive the menu
Der from Utah of the constitutional right
to trial by court of competent jurisdic,
tion and by jury of his peers within the
state and district where the crime is ale
legged to have been committed, and deprive
him of property and rights without due
process of law.
AS to protests by certain sectarian min
listers from Utah, Roberts holds that the
committee ought not to consider them for
the reason that affidavits presented by
them bear dates as follows:
Thomas J. Bandon February 10, 1899,
Ray 7. Bandon, February 49, 1899; Luella P.
Mills, February e. 1899; Mrs. Marie M. Nc
Douga, May 81, 1885, dates being several
months prior to the departure of the repre-
sentatives from Utah for the east.
For more than a year after the charges
began to be made against him the member
from Utah was in and about Salt Lake all
the time and seven months after the Ban
don afidavits were drawn up by A. T.
Schroeder and the protestants, had ample
time to institute proceedings before the
courts of Utah, which were and are open
for prosecution of the charges made in the
past. If the protestants have sufficient evil
dence they should have established the
guilt of the member from Utah as to the
misdemeanor charged and come here with a
court record and bring their charges, al
though there would be still debatable
ground for such charges. The member
from Utah asks that he be allowed to take
the oath of office.