The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-01-20

N-AhNA AnO NlO4 u AaOLu LLE SPECIAL COM =
mittee appointed to investigate the night
OF Brigham II. Roberts Of Utah 10 a seat
in that body. The majority report de-
clares that Mr.. Roberts is not entitled to
seat in the House. It is signed by Rob
ert W. Tayler. Charles B. Lands. Page
Morris. Romeo H Freer. Smith Mcpherson.
Samuel ". T. Lanham. and Robert W.
Miers.
The report OF the minority Of the COM
mittee while agreeing as 10 the facts in
the case adduced by the testimony. is
IN favor Of swearing in the Representative
eject from Utah and then expeIIing him.
This repor; is signed by c. E. Littlefeld
and DAVID A. DeArmond.
The Majority Report.
After reciting the resolution appointing
the committee and giving the finding OF
facts which have already been published
the majority report continues
The committee is unanimous in its be-
lief that Mr.. Roberts ought not 10 remain
member Of The House OF Representa-
tives- A ma.--s.e- are Of the opinion that
he ought not to be perm.tted to become a
member, that the House has the right 20
exclude him. A minority are Of the opin-
ion that the proper course Of procedure is
10 permit him 10 be sworn in and then e1-
pei him by a two-thirds vote under The
constitutional provision providing for ex-
pulsion.
Your committee desires 20 assert with
the utmost pOsiuyeness at this point that
not only is the proposition OF expulsion as
applied 60 this case against precedent. but
that exclusion is entirely iu accord with
principle, authority, and legislative pre-
cedent, and not antaEOuistic TO any legis-
lative action which the House Of Repre-
sentatiyes has ever taken
For convenience We present herewith,
before proceeding TO the extended argu-
ment in support Of the committees resO-
luton, the following summary:
'Jpou the facts stated, the majority of
the committee assert that the claimant
ought not 20 be permitted 70 take a seat
in the House OF Representative. and that
the seat 20 which he was elected ought to
be declared vacant The minority. on the
other hand, assert that he ought 20 be
sworn in. IN order that II happily two
thirds vote therefor he may be expelled.
Three distinct grounds Of disqualification
are asserted against Roberts.
Il BY reason OF his violation Of the
Edmunds law.
III BY reason Of his notorious and de-
fant violation Of the law Of the land. Of
the decisions q the Supreme Court. and
OF the proClamations Of the Presidents
holding himself above the lew and not
smensble 10 IT,
NO government could possibly exist IN
the fSee OF such practices he is in open
war against the laws and institutions OF
the country whose Congress he seeks 10
enter. Such an idea IS intolerable. Il IS
upon the principle asserted in q ------'
that all cases OF exclusion
based.
III. His election as ReDres
an explicit and offensive viola
understanding by which Utah
ted as a state.
The Two ProPOsitio-..
The objection is made TO the refusal
10 admit Roberts that the Constitution ez-
cludes the idea that any objection can ba
made TO his coming in If he is twenty-five
wears Of age. has been seven years q citi-
zen Of the United States. and was an in
habitant Of Utah when elected. no matter
how odioUs or reasonable or criminal may
have been his life and practices.
To this we reply:
81 That the language Of the constitu-
tionsl provision. the history Of its framing
in the constitutional convention, and lis
context clearly show that il cannot be
construed 20 prevent disqualification for
crime
- That the overwhelming authority OF
textbook writer's on the Constitution is
to the effect that such disqualification may
be imposed by the House, and no cOmmen-
tatOT on the Constitution specifically de-
MES II. Especial reference is made TO the
works Of Gushing, Pomeroy. ThrOOp, Rus
sell. and Miller.
3 The courts Of several OF the States in
constituting analogous provisions. have with
practical unanimity declared against such
narrow construction Of such constitutional
provisions
4. The House Of Representatives has
never denied that it mad the right 10 ex-
clude member-elect. even when he had
the three constitutional requirements.
.. In many instances il has distinctly
asserted its right so 10 do in cases Of dis
loyalty and crime
&c. L passed In 1862 the test-oath act.
which imposed a real and substantial dis
qualification for membership in Congress.
disqualifying hundreds Of thousands OF
American citizens This law remained in
force for twenty years, and thousands Of
members OF Congress were compelled 20
take the oath it required.
-. The House in 1868 adopted q general
rule Of order. providing that no pers7S
should be sworn in as a member against
whom the objection was made that he vEs
not entitled to take the test oath. and =
upon investigation such fact appeared, Is
was TO be permanently debarred from en-
trance.
The interesting proposition is made
that the claimant be sworn in and then
turned out. Upon the theory that the pur-
pose is 10 permanently part company with
Mr. Roberts, this is a dubious proceeding
Such action requires the vote Of two-thirds
of the members. We ask il such a vote is
possible OF right. in view OF the following
observations.
The expulsion clause OF the Constitution
is as follows:
' Each House may determine the rules
of its proceedings. punish it's members for
disOrderly behavior. and. with the concur
renee Of twO-thi7ds. eXpel a member.
No lawyer can read that provision with
out raising in his own mind the question
whether the House has any. power 10 ex-
pei except for some cause relating to the
context? The Sbiest lawyers. from the
beginning OF the Republic. have so Insisted
and their reasoning has been so COgenJ that
these propositions are established. name
ly: First-Neither house OF Congress has
ever expelled a member for acts unrelated
TO him as a member or inconsistent with
his public trust and duty as such. Sec
ond-Both houses have many times re-
fused to expel where the guilt Of the mem
Der was apparent; where the refusal 20
expeI was put upon the ground that the
House or Senate as the case might be. had
nc right TO expel for an act unrelated 20