The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-04
CLOSING in ON ROBERTS.
Argument Begun by Attorney of the
Opposition

Washington. Jan 4.-The Roberts in
vestigating committee resumed its ses-
sions today for the purpose Of hearing
arguments and bringing the inquiry to
an early conclusion. 1t was expected
that ex-Secretary John c. Carlisle
would be present to sum up the case
against Roberts and that 5Ir. Roberts
IN person would make the argument in
his own behalf. Word came from Mr..
carlisle, however that he had not I'M
derstood his personal presence was de-
sired, but he was ready to submit writ
ten arguments on any of the questions
involved.
Chairman Tayler (Ohio) stated that
the statement of a witness absent in
Utah had been received, but as Mr..
Roberts declined to admit it in an in
formal manner the matter would have
to be taken up later
Mr.. Roberts said he wished to present
matter tending to show the untrust-
Worthlness Of the witnesses appearing
against him. 1t included a published
card signed by Thomas J. Brandon, dis
claiming having given out certain infor-
nation relative to Roberts; also records
IN winch Roy Brandon was a party. Mr.
Roberts also offered a telegram from
the proprietors of the Salt Lake Her
aid, concerning the testimony of Mr.
Mechanics Tayler excluded the tele-
gram, however, saying there was no
color of right, or propriety in receiving
a telegram as testimony, in view of
Mr. Roberts refusal to admit the state
ment of the absent Utah witnesses.
Mr.. Schroeder, head of the Gentle
| delegation here to oppose Roberts, then
| opened the argument against Roberts.
! The argument was largely technical and
was divided under three general heads,
l viz: First, whether or not the mem
| ber-elect has the constitutional quail
| fications, including citizenship; second,
whether or not the constitutional pro-
| visions as to citizenship includes one
| who has impaired his citizenship by
! crime, or unlawful status and whether
/ Mr.. Roberts has so impaired his citi-
zenship; third, whether a nember-elect
! has the statutory qualifications and
whether the house has the power to eS-
/ tablish qualifications beyond those in
/ the constitution. Mr.. Schroeder read
/ from many law books concerning these
| propositions.
1.-THE evidence clearly shows" pro-
! ceeded Mr.. Schroeder, that since 1880,
| Mr. Roberts has been in the status Of
a polygam1St and the question is as to
/ the effect of this status" lie said that
while Utah was a territory there was
| no doubt as to Roberts disfran-
| chisement under the Edmunds and
| Tucker act and when Utah was admit
! ted to statehood, Mr.. Schroeder con-
| tended that Mr.. Roberts citizenship
was still impaired.
The status of polygamy was such that
| Roberts could not relieve himself from
it without some affirmative act. AS to
| the right of the house to exclude, Mr..
/ Schroeder said:
Suppose a raving maniac should pre-
sent himself at the bar of the house
and ask admission on proper credentials
could not the house in self-protection
deny him admission? Suppose a man
afflicted with leprosy presented himself,
| would not the house have power to keep
| him out"
Mr.. Schroeder said Roberts had ad-
mitted his relationship with his plural
wives. He had publicly said that he
would "be - if he would give up his
wives This was an offense against
the public morals as against the law
and Mr. Roberts should be excluded
from seat.
At this point recess was taken until
| 2 o'clock