The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1900-01-21
Investigating Committee Reports
Against His Admission.
QUESTION OF FORM ONLY
Minority Favored Seating Him Before
Kicking Him Uut, But the Major
ity Would Not Consent.

WASHINGTON. Jan. 20.--Reports OF
the special committee Of investigation
In the case Of Roberts OF Utah, were
prtsented 10 the house today. The
majority report, signed by Chairman
Taylor and six Of his associates. Is a
yolumlnous document. and is accom-
panied by summary Of the law and
facts bearing on the case. II gives
details Of the hearing. the ample op-
pOrtunities afforded Roberts to present
his case. his refusal TO testify and
unanimous finding Of facts heretofore
published. The majority report finds
three distinct grounds OF disqualified
zion against Roberts:
First BY reason OF his violation Of
the Edmunds law.
Secondly reason OF his violation Of
the law Of the land. Of decisions of
the supreme court and Of the procla-
nations OF presidents. holding himself
above the law and not amenable to IT.
No government could possibly ex-
ist," says the report. 'in face OF such
practices. He Is in open war against
'he laws and institutions Of the coun-
try. whose congress he seeks 20 enter.
Such an Idea Is intolerable. II is upon
the principle asserted on this ground
that all cases Of exclusion have been
based"
Third-His election as representative
is an explicit and offensive violation OF
the understanding under which Utah
was admitted as a state.
The majority report concludes as fol-
lows:
'If there is any fact apparent in this
case, II is that the constituents OF Rob
erts knew ali about him before his
election. Can there be room to doubt
the proper action OF the house? II it
prepared to yield up this salutary pow
er OF exclusion? VIII 1t declare itself
defenseless and ridiculous?
Nor are those who assert that ex-
pulson is remedy necessarily barred
from voting for a resolution declaring
the seat vacant. He must, indeed, be
technical and narrow in his construc-
tion OF the constitution who will not
admit that II vote to declare the
seat vacant is sustained by a two
thirds majority, the constitution is
substantially complied with He may
not agree with the committee that a
mere majority can exclude but he can
reserve the right to make a point of
order that the resolution is not carried
IL two-thirds do not vote for it.
II the house takes the action which
minority OF the committee insists 1t
ought to take, it will for the first time
in its history part with a most benef-
cent power which it has often exer-
cised. power that ought rarely to be
exercised but which the house has
never declared it did not possess.
Mindful Of the gravity of the question.
and realizing the responsibility i'm
posed upon us, We recommend the
adoption Of the following resolution:
Resolved, That under the facts and
circumstances of this case, Brigham
H. Roberts, representative-elect from
the state of Utah. ought not to hav,
or hold, seat in the house Of repre-
sentatives, and that the seat to whicl
he was elected is hereby declared va
cant. (Signed) Robert w. Taylor, Chas
w. Lands, Page Morris, Romeo H
Freer, Smith Mcpherson, Samuel L
Lanham, Robert w. Miers."
The minority report says:
A small partisan majority might fint
the desire to arbitrarily exclude by
majority vote in order 10 more secure
ly intrench itself in power irresistible
Hence, its exercise is controlled b!
legal rules. In a case Of expulsion
when the requisite two-thirds can b
had, the motive for the exercise of ar
bitrary power no longer exists"
The minority report concludes:
IF the house shall hold with us an
swear in Roberts as a member we shall
as soon as recognition can be had. Of
fer resolution to expel him as poly
gamist, unlawfully cohabiting with
plural wives"
The minority report is signed by Lit
tlefield (rep.) and DeArmond (dem.)