Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-20

wrong. The exercise Of such a power
without constitutional warrant would
simply be brute force, a tyrannous exer.
else OF power unreylewable by any tri-
bunaln
After citing the constitutional pro-
vision as TO the qualifications Of a rep
resentstiye In Congress the report pro-
ceeds;
rs II seriously contended that this
House can OF its own motion by It's own
independent action create for the pur-
poses OF this case legal disqualified
tioh2 This House alone cannot make 81
unmake the law Of the land. II Is quite
clear that the House by It's independent
action cannot, II Il would, make for this
case, any disqualfying regulation that
would have the force Of law"
The report then extensively reviews
the law and presidents bearing on the
case. The main heads are as follows:
'Flrst-It IL a grave question as 20
whether Congress can by law duly en-
acted add TO the qualifications mega
lively stated In the Constitution. There
IL no decision Of the IT, $. Supreme
court directly or indirectly constituting
this provision. There is no decision Of
any State court directly In point.
"Second-lf the right 10 add a dis.
qualification by law Is assumed, the
disqualification imposed by the Ed
munds act does not apply 10 member
Of Congress and therefore does not az
feet Mr.. Roberts. The only portion Of
the section that can be said to have
any application to a member Of the
House Of Representatives In that which
declares that no polygamOus' etc,
shall be entitled TO hold any Office or
place Of public trust. honor or emolu-
ment under the United States"
Unless member Of the House holds
an Office under the United States with
In the meaning Of the Constitution and
the law, there Is no disqualification"
Continuing the report says:
This House by It's independent ac-
ton, cannot make law for any purpose
The adding by this House, acting alone,
OF a qualification not established by
law, would not only be a violation Of
the Constitution and the law, but It
would establish most dangerous pre-
cedent. which could hardly fail TO re-
turn 10 plague the inventor
"You might feel that the grave moral
and social aspects Of this case allowed
you to-
"'Wrest once the law 20 your authori-
~
" TO do great right. do little wrong.
But what warrant have you. when
<he barriers Of the Constitution are once
broken down, that there may not come
after us a House with other standards
Of morality and propTiety which Will
create other qualifications with no
rlghtful foundation, that In the heat
and unreason OF partisan contest--since
there will be no definite standard by
which 10 determine the existence OF
qualifications-wlll add anything that
may be necessary 70 accomplish the
desired result2 EFFICIENCY will deter
mine the sufficlency. II would no longer
by a government Of laws. but OF men.
To thus depart from the Constitution
and substitute force for law IL TO en-
bark upon trackless sea, without
chart or compass, with almost GER
tainty OF dlreful shlpwreck."
The report concludes as folloSs:
"A small partisan majority might
a majority vote In order to more secure
~ intrench Itself In power irresistible,
Hence its exercise IL controlled by legal
rules. In case Of expulsion, when the
requisite two-thlrds can be had the
motive for the exercise Of arbitrary
power no longer exists, as a two-thirds
partison majority Is sufficient
FOR every purpose Hence expulsion has
been safely left in the discretion Of the
House and the safety Of the members
does not need the protection Of legal
rules.
1t seems TO US settled upon reason
and authority that the power OF the
House to expel IL unlimited and that
the legal propositions involved may be-
thus fairly summarized:
THE power of exclusion Is o matter
OF law, To- be exercised by a majority
vote.in accordance with legal principles.
and exists only when a member-elect
lacks some Of the qualifications required
by the Constitution. The power OF ex-
pulsion Is made by the Constitution
purely matter Of discretion TO be ex-
ercised by two-thirds vote, fairly In
teiligently. consclentiOusly. with a due
regard 10 pIopriety. and the honor and
integrity OF the House, and the rights
Of the Individual member. For the
abuse OF this discretion We are respon>
sible only 90 our constituents, our con-
sciences and our God
I'VE believe that Mr. Roberts has the
legal constitutional right 90 BE- sworn
In as a member, but che facts are such
that We further believe the House, In
he exercise Of jte discretion Ia moi an
~ justified but required by every prop-
per consideration involved to expel him
promptly after he becomes a member"
we recommend the following as a
substitute for the resolution proposed
by the committee:
Resolved, That Brigham II. Rob-
erts, having been duly elected a repre-
sentative In the Fifty sixth Congress
from the State Of Utah. with the quail
Iications requisite for mission 20 the
House, as such Is entitled by constitu.
lional right 10 take the oath Of Of
lice prescribed for members. elect, his
status as q polygamlst, unlawfuly CO.
habiting with plural wives. affording
ground for expulsion. but
not for exclusion from the House.
And II the House shall hold with
is and swear in Mr. Roberts as a men,
Der, we shall, as soon as recognition can
be had. offer a resolution 10 expel him
As a polygamist, lawfully cohabitlng
with plural wives.
'(Signed c. LITTLEFIELD,
DAVID a. DE ARMoND."
REPORTS IN THE HOUSE.
U'han tho Hnuca mot tndox NJ, r,ox