Twice-a-week plain dealer. (Cresco, Howard County, Iowa) 1895-1913, 1900-01-23
The Minority Report.

The Minority Report. !,
The minority is signed by Mr.. Little
field (rep.), of Maine, and Mr.. De Ar
mond (dem.), of Missouri. 1t says in
part:
1.-THE undersigned members of the spe-
cial committee appointed to investigate
| and report upon the prima facie and final
| right of Brigham H. Roberts to a seat in
| the house as the representative from Utah,
| being unable to agree with the conclusions
| of the committee as to the constitutional
| questions involved, very respectfully sub
| init our views.
Assuming that Mr.. Roberts has been
and is now polygamist, unlawfully CO.
| habiting with plural wives, and the house
| of representatives is for that reason of the
| opinion that he ought not to be member
| thereof, what course should it rightfully
| pursue under the constitution, the SUI
| preme law of the land-exclude him. or
| expel him? If he is to be excluded, 1t must
| be because he is for such reason legally
| ineligible or disqualified. The purpose is
| to consider the question of constitutional
| right not of power, as it is conceded that
| the house has the power to exclude, with or
| without reason, right or wrong. The ex-
ercise of such power, without constitu-
| tional warrant, would simply be brute
| force, tyrannous exercise of power, I'M
renewable by any tribunal"
After citing the constitutional provision
as to the qualifications of a representative
| in congress, the report proceeds:
rs it seriously contended that this house
| can of its own motion, by it's own indie
pendent action, create for the purposes Of
| this case a legal disqualification? This
house alone cannot make or unmake the
| law of the land. 1t is quite clear that the
| house, by Its independent action, cannot,
| if it would, make for this case any dis
| qualifying regulation that would have the
| force of law
| law and presidents bearing on the case.
| The. report concludes as follows:
| "a small partisan majority might render
| the desire to arbitrarily exclude, by a
majority vote. in order to more securely
| entrench itself in power irresistible.
Hence its exercise is controlled by legal
rules In case of expulsion, when the requi-
| site two-thirds can be had, the motive for
| the exercise of arbitrary power no longer
| exists, as a two-thirds party majority is
| sufficient for every purpose. Hence ex-
| pulsion has been safely left in the discre.
| ton of the house, and the safety of the
members does not need the protection Of
| legal rules.
Has Right to Expel.
at seems to us settled upon reason and
| authority that the power of the house
| to expel is unlimited, and that the legal
propositions involved may be thus fairly
| summarized:
1.-The power of exclusion is a matter of
| law, to be exercised by a majority vote,
| in accordance with legal principles, and
exists only where a member-elect lacks
some of the qualifications required by the
constitution. The power of expulsion is
| made by the constitution purely matter
of discretion, to be exercised by two
! thirds vote, fairly, intelligently, consci-
j
| and the honor and integrity of the house
| and the rights of the individual member
For the abuse of this discretion we are
i responsible only to our constituents, our
1 consciences and our God.
I'VE believe that Mr. Roberts has the
legal constitutional right to be sworn in
as a member, but the facts are such that
we further believe the house, in the eXer-
else of its discretion, is not only justified,
but required by every proper consideration
| involved, to eXpel him promptly after he
/; becomes a member.
i Substitute Resolution Recommended.
I'VE recommend the following as a SUBJ
/ stitute for the resolution proposed by the
| committee:
| RESOLVED, That Brigham H. Roberts
| having been duly elected representa-
tive in the Fifty-siXth congress from the
state of Utah, with the qualifications re-
quisite for mission to the house as such,
is entitled as a constitutional right, to
| take the oath of Office prescribed for mem
| bers-elect; his status as polygamist, un-
| lawfully cohabiting with plural wives,
| affording constitutional grounds for ex-
/ pulsion but not for exclusion from the
| house.
4 And if the house shall hold with US and
! swear in Mr.. Roberts as a member we
/ shall, as soon as recognition can be had,
/ offer a resolution to eXpel him as polyga-
| mist, unla wfully cohabiting with plural
! wives.
/ &C. E. LITTLEFIELD,
| "DAVID A. DE AItMOND."
At one o'clock the house suspended
/ business and listened to tributes to
| the memory of the late Representative
| Danforth, of Ohio.
At 2:1O p. IN. the house adjourned.
Give Sea. to Republican.
Washington, Jan. 22.-The house
| committee on elections No. divided
on party lines Saturday, and by vote
| of 10 decided to recommend the
seating of William +. Aldrich (rep.)
| who contests the seat now held by
CASTOR A. Robbins (dem.), for the
Fourth congressional district of Ala
bama.
\ 1t is the first decision in the con-
tested election case at the present ses,
sion of congress. The contest was
based on alleged intimidation and ra.
cial prejudices growing out of appeals
for white supremacy A minority re
port will be made in behalf of Mr. Rob
bins.
+ SAILS FOR MANILA.