Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1900-01-27
ROBERTS COMMITTEE REPORTS.
Majority Favors Outright Expuision
or Potygamous Member.

|
OF Potygamous Member.
Washington, Jan. 23.-The reports
If the committee of investigation in
The case of Roberts, of Utah, were pre-
,ented to the house today. The ma
iority report, signed by Chairman Tny-
er and six of his associates, is volu-
ninous document, accompanied by n
summary Of the law and the facts. 1t
gives details of the hearings, the am-
ole opportunities afforded Roberts to
present his case. his refusal TO testi'
" and the unanimous finding by the
committee, heretofore published, that
Roberts is guilty of living i'm polyga-
any. 1t proceedsi
"The committee is unanimous In the
belief that Roberts ought not to re-
main member of the house. The ma
jority is of the opinion he ought not
70 be permitted to become a member
md that the house has right to ex-
,lude him."
The report then proceeds to contro-
vert the position that one may be ex-
cludsd only for failing to meet the
qualifications specified in the consti-
tuition, and says that crime is a sufil-
cient cause. It cites the authority of
text book writers and decisions OF
state courts, and says the house has
uever denied its right In this direc-
ton. On the contrary, il has frequent
~ asserted il, and cites the test oath
act passed in 1862 disqualifying hum
1reds OF thousands of citizens for
membership in congress. Arguing
against admission, TO be followed by
expulsion, the report holds that 1t is
doubtful whether 1t can be legally
done, as the expulsion clause of the
constitution seems to contemplate
only ''disorderly behavior The re-
port continues:
1.-THE ablest lawyers from the begin
ming of the republic have so insisted
and their reasoning has been so CO.
gent, these proposition have been es-
tablished, namely:
81. Neither house Of congress ever
expelled member for acts unrelated
to him as a member or inconsistent
with his public trust and duty as such.
.. Both houses have many times re-
fused TO eXpel where the guilt of n
member was apparent, refusal TO eNpel
being put upon the ground that the
house or senate, as the case might be,
had no right to eXpel for an act unre-
lated TO a member as such, or because
Il was committed prior to his cleo
tion."
The report concludes as follows; =
Mindful Of the gravity Of the ques-
lion and realizing the responsibility
imposed upon US, we recommend the
adoption Of the following resolutions:
"Resolved, That under the facts and
circumstances of this case, Brigham
II. Roberts, representativeelect from
the state Of Utah, ought not to hlve
or to hold a seat III the house OF repre-
Bentatives and that the seat to which
he was elected is hereby declared va
can't"
The report goes on to argue at
length in favor of exclusion, saying it
Is in accord with authority and with
legislative precedent, while expulsion
IS against precedent. It declares there
are three grounds Of disqualification
against Roberts:
/. Violation of the Edmunds law.
@ Defiant violation of law, decisions
Of the supreme court and proclama-
.ions Of the president.
3. His election was an explicit viola
ton Of the understanding when Utah
vas admitted as a state.
The minority report is signed by
Littleiield, republican, Of Maine, and
De Almond, democrat, Of Missouri. 1t
IS devoted to an argument in favor Of
seating Roberts and then eXpelling
aim on the ground that he was legally
elected and that his polygamous prac-
tees are not "A constitutional bar.
The report makes a special point of
he danger of exclusion on any eN-
sept constitutional grounds lest in
he future il be taken advantage of by
some party with a narrow majority
70 strengthen its position.