The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1900-01-23
House Galleries Packed With
Daughters of Eve
To Hear the Opening Debate in
Roberts Case.
NECKS ARE GRAINED
To Catch a Glimpse of the Gem
tleman From Utah.
Congressman Tayler Speaks in
Favor of Exclusion.

Washington, Jan. %. = Enormous
crowds were present today to witness
the opening of the debate in the Roberts
case Fully three-fourths of the spec
tators were women. They occupied the
reserved galleries, tier on tier. and their
bright gowns iIurnined the gloom of
the cavernous recesses about the spac-
ious hall. The diplomatic gallery alone
was yawning chasm.
Mr. Roberts was in the seat which he
has been occupying on the extreme right
of the hall an hour before noon and ev-
cry neck was craned to catch a glimpse
St him. He appeared conscious of the
attention ne was attracting and after
looking over some papers left his seat
and paced up and down behind the rail-
ing Which divides the floor from the
lobby. lie was attired modestly in a
long frock coat with a dark tie. He
left the hall a few minutes before the
gavel fell and was not present when
the chaplain delivered his Invocation
after, however.
Nearly every member was in his seat
a few minutes later when Mr. Tayler
(Ohio), chairman of the special com
mittee which investigated the case
arose from behind a desk stacked with
legal authorities and manuscript and
called up the case,
Mr.. Tayler is a young man, slight and
pallid, but with energy and afertness
stamped upon every feature ofhis coun-
tenance. He asked that the agreement
made between the majority and minor
lty OF the committee for a vote on the
case at 4:30 p. IN. on Thursday be rati-
fled by the house.
Mr. Lacey Qowa) objected unless it
be understood that a substitute reSolu-
ton which he desired to offer should
also be considered pending.
To this Mr. Tayler objected. He also
objected to having Mr.. Lacey's PROPOSE
oh m .I.,rf - T.
Bailey (TexaS) and Mr. Richardson
(Tenn-) This proposition as it subse-
quently developed was for the expulsion
of Mr.. Roberts without swearing him
in. The majority resolutions to exclude
him and the minority resolutions to
permit him to be sworn in and then ex-
PEELED were laid before the house and
without any agreement as TO a vote Mr.
Taylers lOhio) opened in support OF the
majority resolutions. He spoke clearly
and with great earnestness. When he
began Mr. Roberts changed his position
to one near the center aisle on. the
Democratic side where he could hear
with more ease
TAYLER'S ARGUMENT.
Mr.. Tayler said:
Chief Justice Waite in the Reynolds
case in 1878 speaking of the claim that
polygan1y was a religious practice said:
Ito permit this would be in effect to
permit every citizen to become a law
unto himself. Government could exist
only in name under such circumstances
and Justice Matthews in the Ramsey
case in 1888 declafes in substance that
all political influence ought to be with
drawn from those who are practically
hostile to the establishment of free
governing commonwealth founded
on the idea of a family, as consisting in
and springing from the union for life
of one man and one woman in the holy
estate of matIimOny. If we are to at
tach any Importance to those funda-
mental aldeclarations of the highest court.
we must declare-no matter what moral
question may be involved-that this
case presents in bold relief a question
of governmental life, the basis of
which is law.
This is a representative government;
it springs from the people. from the
people who make the law and their rep
reSentativeS who are such because they
are believers in the law and subject to
the law. Many may entertain opinions
as to the unwisdom of certain laws and
a hope that these may be erased from
the statute books; but in the very ma
ture of things they can not stand for
defiance of law. And as they can not
stand for defiance of any law, how
much the more must they stand as re-
spectators of and obedient to such laws
as have proceeded from the people at
the peoples initiative and sustained by
the deliberate and intelligent approval
of substantially all the people.
Now and then we nave law which
springs from the united voice of unit
ed people as the expression of the civil
lied force, in which practically all of
them believe and which is necessary to
the existence of that civilizing force
| OF the more than 10000, 900 of American
| citizens all but the merest handful be-
lieVe with a mighty fervor in the kind
of commonwealth which Justice Mat
! thews declares is founded on the mar
riage relation existing for life between
| one man and one woman. That idea
has been for many years crystailized in
solemn and deliberate law, whose prin-
ciple and form have been approved by
| the highest judicial authority.
"Such laws make imperative demand
! for universal respect and obedience;
and the duty of such respect and obedi-
| ence presses most urgently upon rep
resentative of the people in law max
| ing body.
@These propositions are fundamental
| and self evident. They lie at the root
1 of things. They are the bedrock on
which written constitutions rest they
| precede constitutions; constitutions as
sumo their pre-existence and their per-
| petual existence; they are institutional
IF the federal constitution had ex-
/ plicitly declared that all persons should
| be eligible for representative in con-
! gress who denied that the constitution
| was the supreme law of the land; that
| instrument and the government it
| sought to create would not have endur-
| ed a single day. 1t follows that If sucn
| specific declaration could not have been
| made it cannot be implied. Neither the
| presence nor the absence of certain
| words in the instrument can imply
certain meaning, if it is impossible that
| such meaning could have been express
| ed.
IF the claimant to this seat is eligi-
BILE he is eligible because the conStltu-
| ton so makes him, either by its express
language or by necessary implication
The words necessary implication mean