The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-01-21
THE STATUS OF Mr.. ROBERTS.
The Majority Of the Committee Recom-
mends that He Be Excluded.
Exhaustive Discussion of the Reasons for the Pro-
cedure Suggested Minority Believes He Should
Be Sworn In and Afterward Expelled.


Of the Brigham II. Roberts case Of Utah
were presented to the house today. The
majority. signed by Chairman Taylor and
six OF his associates. is voluminous docu-
ment and is accompanied by summary
Of the law and facts. 1t gives the details
OF the hearing. ample opportunities afford
ed 10 Mr.. Roberts to present his case, his
refusal to testify and the findings OF the
facts heretofore published.
1t proceeds: The committee is unmis-
taken 10 its behalf that Mr.. Roberts ought
not to remain a member of the house Of
representatives. 4 majority Is Of the
opinion that ne ought not to be permitted
to become member that the house has
the right to exclude him. minority are
OF the opinion that the proper course OF
procedure IS to permit him to be sworn
IN ana then expel him by a two-thiFds
vote under the constitutional provision
providing for the expulsion.
Your committee desires 10 assert with
the utmost positIveness at this point that
not only is the proposition OF expulsion as
applied 10 this case. against precedent.
but that exclusion Is entirely Ia accord
With principle authority and Legislative
precedent aud not antagynistlc TO any
legislative action which the house has ever
taken. For convenience we present here
with ia support OF ne committees resOlu-
lion the Following summary
Upon the facts stated. the majority OF
tbs committee asserls that the claimant
ought not 10 be permitted 10 take seat
Ia the house oil representatives and the
seat 20 which ne 10 elected ought 10 DC
declared vacant. fhe minority. on the
other hand. assert that he ought to be
sworn IN In order that H. happily. two
thirds vote therefor he may be expelled.
Three distinct grounds OF disqualification
are asserted against Roberts
/. BY reason OF bis violation OF the
Edmunds law.
2. ~ reason Of mis- notorious defiant
siolstCn OF the law % the land. OF
the supreme rUuri aud Of the nrocla-
inatious Of the president holding him
self above the law and not amendahle
to II. No government could possibly
exist In the face OF such practices he
Is 10 open war against the laws and
Institutions OF the country whose con-
grsss be seeks to enter. Such an idea
Is intglerabie. II is upon the principle
asserted In this ground that all cases
OF exclusion have been based.
Q. His election as representative Is
an explicit and offensive violation OF
the law By which Utah was admitted
as state.
The objection Is made to the refusal to
admit Roberts that the constitution ex
cludes the idea that any objection may be
made TO his coming in II he Is rs years
old. has been seven years citizen OF the
United STATES and was an inhabtant when
elected, no matter how odlous or treason
able or criminal may have been hts llfo
and preetiees. To this we reply that the
tlr. ~. T..
the history OF its framing Ia the constl-
tutional convention and the context clear-
~ show II can not he construed 10 prevent
disqualification for crime
After reciting several reasons why Rob
erla should not be admitted. tho report
concludes as follows II there is any fact
apparent IN this case It is that the con-
stitueuts OF MIR, Roberts knew all about
him before his election. Can there be
room to doubt the proper action OF the
house Is 1t prepared TO yield mp this salu-
tary power OF exclusion Will It declare
itself detenseess and ridiculous Nor are
those who assert that expulsion liz the
remedy necessary. barred from voting for
the resolution declaring the seat vacant
He must indeed be technical and narrow
IN his construction OF the Constitution
who Will not admit IL vote to declare
the seat vacant is sustained by two
thirds majority. TINT the Constitution IL
agree with the committee that mere ma
jority can exclude, but he can reserve the
right 10 make tho point OF order that the
resolution Is not carried II two-thirdH do
not vote for IL.
II the house takes the action which tne
minority OF the committee insists Il ough,
TO take II will for tho hrst time In ne
history refuse 10 exercise the most hem
ehcent power which II has often cxareisod
power that ought rarely 10 be oxer-
cised, but which the house has never de-
elared " did not possess. Mindful of the
graYity OF the question and realizing the
Responsibility imposed upon US. We recon-
mend tho adoption of the following reso-
luton:
Resolved, That under the fact, ana
circumstances of this ease, brigham
III. Roberts. ACKNOWLEDGEMENT
from the state OF Utah. ought not 20
have sent In the house Of repre-
scntattses and the seat TO which he
is elected Is hereby declared vacant
Robert w. Taylor,
Charles u. Lands,
Page Price,
Romeo III. Freer.
smith McPherson,
samuel W. It. Lanham,
Robert W. Myers.
The minority report Is signed by Mr..
Littieheld fRep., Mel and Mr. De Almond
We the undersigned members OF the
special committee appointed to investigate
and report upon the prlma faeie and fiual
right OF Brigham II. Roberts to a seat
In the house as the representative from
Utah being unable TO agree with the con-
illusions OF the committee as TO the con.
stitutionai questions involved. very re-
specifuily submit our views.
Assuming that Mr.. Roberts has been
ami is row a polygamist unlawfully CO..
hahitating with plural wives. aud the
house or representatives r. for that reason
OF the opinion that he ought not TO be
q member thereof what course should It
righifully pursue under the constitution,
the supreme law Of the land him
or expel him. II he ia 70 be evclufed u
H,iet be because he Is for such reason
legally ireNg,ble or disqualified. The
purpose IL 10 care fer the ques'ien Of con-
sff'rfiorsi rights. not OF power. as Il Ii
coacsded that the house has the power
20 exclude with or without reason, rich,
Or wrong. The exercise OF such power
wN'inut constitutional warrant would sim
ply no brute fore, tyrsnnous case OF
power unreyiewable by any tribunal
After citing the constitutional provision