The sun., 1900-01-05
lie Now Declares Some Wit
neSses Against Him Are
untrGstw0rthY.
ARGUMENT BY SCHROEDER
The Head OF the Gentle Delegation
Tells the Investigating Conn
mittcc Why the Seating of
the Utah Member is
Opposed.

Washington, Jan. 4.-Thc Roberts in
yestigating committee resumed its ses-
sions IL was expected that eX-Secretary
John 6. Carlisle would be present to sum
up tlc case against Roberts and that Mr..
Roberts il person would make the argu-
ment IN bis own behalf. Word came
from Mr.. Carlisle, however, that he had
not understood his personal presence was
desired, but he was ready to submit writ
ten arguments on any Of the questions in
volyed
Chairman Tayler (Ol stated that the
statement Of witness absent in Utah
had beer received. but as Mr.. Roberts de-
clined to admit it in an informal manner
the matter would have % be taken up
later
Mr.. Roberts said he wished to present
the matter tending to show the untrust-
worthincss OF the witnesses appearing
against him. II included a published
card, signed by Thomas J. Brandon. dis
claiming having given out certain infor-
nation relative 10 Roberts; also court rec
ords in which Roy Brandon was a party.
Mr.. Roberts also offered telegram
from tho proprictors OF the Salt Lake
| Herald concerning the testimony Of Mr..
McDaniels. Tayler excluded the tele-
gram, however saying there was no color
Of right or propriety in receiving tele-
gram as testimony In view Of Mr.. Rob
erts refusal to admit the statement Of
the absent Utah witness.
Mr. Schroeder. head OF the gentle dele
CATION here TO oppose Roberts. then OPEN
ed the argument against Roberts. The
iarGumcnt was largely technical and was
divided under three general heads--viz,
first, whether or not the member elect
has the constitutional qualifications, in
ruding citizenship; second, whether or
not the constitutional provisions as to
citizenship include one who has impair
ed his citizenship by crime or unlawful
status and whether Mr.. Roberts has so
impaired his citizenship; third, whether
4 member elect has the statutory quail
fcations beyond those in the constitution.
Mr.. Schroeder read from many law
books concerning these propositions.
The status of Roberts.
"The evidence clearly shows" proceed
ed Mr. Schroeder, that since 1880 Mr..
Roberts has been i'll the status of a
polygamist, and the question is as to
the effect OF this status"
lie said that while Utah was terri
tory there was no doubt as to Roberts
disfranchiscment under the Edmunds and
Tucker act And when Utah was ad-
mitted to statehood Mr.. Schroeder CON
tended that Mr.. Roberts citizenship was
still impaired. The status of polygarny
was such that Roberts could not relieve
himself from it without some affirmative
act. As to the right of the house to eX
cludc, Mr.. Schroeder said:
Suppose a raving maniac should pre-
sent himself az The bar of the house and
ask admission on proper credentials
, could not the house, in SELF protection
deny him admission? Suppose a man af
ncted with leprosy presented himself
would not the house have power to keeI
him out?'
Mr.. Schroeder said Roberts had admit
ted his relationship with his plural wives
He had publicly said he would "be '
If he would give up his wives. 1t wai
an offensc against the public morals ~
well as against the law, and Mr.. Roberts
should be excluded from scat.
At this point the session ended.