The times. [volume] (Richmond, Va.) 1890-1903, 1900-01-21
REPORT ON THE
ROBERTS CASE
Continued from First Paseo

upon us, we recommend the adoption Of5
the following resolution:
=. Resolved That under the facts and
circumstances Of this case. Bingham Fl
Roberts. Observation-Disclosures from the
State OF Utah, ought not to have or hold
a seat in the House OF Representatives.
and the seat to which he was elected is
hereby declared vacant.
(Signed.} '.ROBERT w. TAYLOR,
.'CEIAS- E. Lands.
Ell page MORRIS.
'.ROA1O H FREER.
.SMITH MCPHERSON.
SAMUEL VT. I4ANHA1I,
ROBERT W. NIERS-'.
sf MINORITY REPORTS
The minority report Is signed by 1tr.
I.ittlefeld: Republican OF Maine. and Mr..
sDeArmond Democrat, Of Missouri IL
says in nart:
The undersigned members of the spec
ial committee appointed to investigate the
report upon the prirna facte and final right
OF Brigham H Roberts to & seat IN the
House as the representative from Utah,
being unable to agree with the conclusions
Of the committee as to the constitutional
question involved very respectfully sub
init our Views: -
COURSE TO PURSUE
Assuming that Mr.. Roberts has been.
and is, now q po.yeamist unlawfully CO.
habitatinS with plural wives anu the
House OF Representatives Is for that rens-
on OF the opinion that he ought rot 20 be
q member thereof. what course should It
rightfully pursue under the Constitution
the supreme law OF the land. exclude him
or expel him? If he Is to be excluded. It
must be because he is for SUCH reason
legally IN eligible or disqualified. The pur-=
pose IS to consider the 79ues ton of constf-
tutional right. not OF power. as it is con
coded that the House has the power TO
exclude with without reason, right or
wrong The exercise OF such power.
without constitutional warrant, would
simply be brute force, a INFAMOUS exer-
else of power Unbelievable by any trt-
bEnal.'
AfEer citing the constitutional provision
a. to the qualifications OF a representa-.
tive in Congress, tbs report proceeds
.It IS seriously commended thai tnis
House can Of its own motion; by It's own
independent action, create for the purpose
az his case a legal diz4ualid cation? This
SFIouss alone cannot make or sunmake the
law OF the land It is quite clear thai the
House by its independent action cannot,
E IL it would, make for this case say dis DIS
Qualifying regulation that would nave
the force of the law !. {. & go
The report concludes as folloWs-
PARTISAN MAJORITY.
aSIudtt paIt1SduE AudJoAA ty
der the desire to arbitrarily exclude. by a.
majority vote, in order to more securely
.intrenche itself In power trreststtDle-
Hence its exercise Is controlled by legal
rules. IN case Of expulsion, when the
requisite thirds can be had. the mo-.
tive for the exercise of arbitrary power
mo longer exists. as q two-thirds partisan
majority Is sufficient for every purpose.
Hence expulsion has been afely33 left IN, =.
the discretion OF the House and the:
safety of the members does not need the
protection Of legal rules. rs
8 recommend the following as g.
substitute for the resolution proposed by
] the committees:
.ExPEL: NOT EXCLUDE.
..Rasolyed. That Brigham n RobereA.
/ having been duly elected "a representa-,
! fives,in the Fifty:sixth Congress. from
the State Of Utah. with the qualih
requisite Tor admission 10 the House. -
ssacha IS entitled az d constitutional ighe;
10 taks sths cath Of ofac1 sDrsssrsbsd foSs
hin n Asua m . sroty1a.5
mist. unlawfulIy cob hirlnx With plural
wives.5 afHordIns CONSTITUTIONAL ground Tor