Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-20
pEsERET EVENING NEWS SATURDAY, JANUARY 20, SOD

newspapers IN New ioth anu IVY wv
asked N they wanted the contradiction
Of the story. They aid not want H. Ana
few days later they published AMOUNT
or fafing report that the chud whose
birth had been reported had been ne
creted away The country was then
flooded with these false statements
surrounding the conditions In utah
generally, and concerning the member
from Utah particularly. so this storm
was created until Il burst upon Con-
gress with what violence you gentle
men are already aware Of And II Is
quite generally supposed that as a re-
suit OF the existence OF this dccadent
institution In Utah, because OF the stu
lingering heat Of the embers OF that old
fire, now rapidly DYING out, that the
American home Is absolutely endan-
gcredl And American womanhood Is In
danger OF being bereft OF its dignity!
And woman OF her sanctity.
Congress Is appealed TO In the most
pathetic tones and In the most passion
ate language to rise equal TO the occa-
sion. even II you have TO disregard the
circle that bounds your rights and oper-
ate within another circle that Is sup
posed TO be larger that indicates your
power, altogether ignoring the fact that
the circle that circumscribes your rights
10 act also limits your power TO act
But YOU are called upon 10 seriously
think that the conditions that exist In
Utah by reason OF the remnant OF
pdygamy there that there Is a won
derful menace 10 the American home.
The people here IN the East--many OF
them good and honest and sincere PEG.
pie. altogether worthy Of your most
profound respect and attention, having
been mlsled by these false reports con-
corning Utah affairs-stand here ana
undertake to look over the mighty
range OF the Rocky Mountains TO md
an Institution that threatens the Ameri-
can home.
n It were necessary could call the
attention OF this committee and OF
these good people to ten thousand evils
that threaten the American home be-
fore you would have need TO look In the
direction OF such polygamous relations
as still exist IN the State OF Utah az
such a menace. ! think, however, MT
Chairman, that I have substantially
covered In this statement the partleu-
lar features that / desired to consider
and shall simply offer a few remarks
In review OF the argument / nave
sought to present 20 this committee.
In the matter OF the pr,me faae right
OF the member from Utah TO his seat
in the House Of Representatives, have,
Of course. already called attention 70
the fact that he presents his certiticate
Of election. The question Of citizenship
| having been raised. he presents that
certificate and right on that head, by
the way, / have used the interval az
! forded me IN looking into some author
tiles that desire to cite and submit In
opposition 20 the authorities submitted
| by Judge Carlisle.
Mr.. Llttleheld. On what subject2
Mr.. Roberts. On the subject OF natu-
rallzatlon. The meaning Of the word
ocltizen" In the United States Consti-
tuition conveys the idea OF membership
| OF a nation and nothing more, and
women are citizens within its proyi-
slons. minor vs. Happersett. q Wal
lace, p. 1922
Il need not appear by the record OF
the court OF naturalization that all
requisites prescribed by law favoring
the admission OF aliens 10 the rights OF
citizenship have been compiled with
stark VS. Chesapeake Insurance Co.,
Z Cranch, p. 900
A certificate by q competent court
that an alien has taken the oath pre-
scrlbed by the act respecting admission
raises a presumption that the court wa
satisfied az to the moral character OF
the alien. Campbell vs. Gordon, 9Th
Cranch, 1851
In 5th Lee Virginia case), page 74S
It is also held that
the fact OF an alien applying to Unit
ed states court and doing all that th'
court required Of him makes his clti'
zenship unlmpeachaSle. IL the cour
has failed TO note some Of the details OF
the record, that is no fault Of the appli.
cant. He has done all that the law anC
the court required.
Mr.. Mcpherson. I understand tina
there IL a recent Virginia case on tina
same line.
Mr.. Roberts. am not acquainted
with that. OF course my research hai
been limited. Here Is another author
ity;
When he has done what the certlh
cate SAYS he has done. when he leave'
with the clerk Of the court such paper
as he has signed. and when the oour
tells him, as 1t does by the certincate
that he, having done all that the cour
thereupon ordered that he be ADMITTED
10 be a citizen, and had submitted hin
20 be a citizen. and when the cour
gives the certificate into his keeping ~
has done all that he can 10 comply VIII
the statute.
That was In the matter Of Peter Cole
man. 10 Batchford, United states CIR
cult Court Reports page AL.
Mr. MoTris-The order OF the couf
cannot be collaterally attacked. II cal
only be attacked directly In the pro
ceeding itself. II the order Of the cour
recltes that he has come before IN
court and complied with all the require
ments OF the law. and therefore II Is or
dered that he Is a citizen, then that OF
der Is conclusive, except In direct i'm
parchment to set II aside-an impeach
ment In the proceedings there.
The Chalrman.-In Z Cranch. the Su
preme Court case. that point seems 4
be substantially decided the other way
say that because ] see nothing so IA
as my judgment Is concerned. 10 con
vince me that Mr.. Roberts is not citi
zen. / think that the question Of eli
zenshlp cannot properly be attacked.
Mr. Littleheld-Some Of the committee
might want 10 go into this.
Mr.. DE Armond-Or some members Of
the floor
Mr. Roberts-I wanted to remark fur
Their on that so far | take IL the com
mittee has not before II the transcript
from the court upon which Judge Car
Isle has made his argument, and don
know whether the judge had before hin
a certified copy OF the court proceeding
upon which he based his letter TO tn
committee.
The Chalrman-The criticism upol
that was this. IL was the nalurallznl
OF Mr.. Roberts. together with man!
others. 1t simply declared In a genera
way that having made such proofs ant
having made such renunciatlons ant
having disclosed such facts, covering b.
general language all the statutory re
Qulrements, he was therefore admltte,
to full citizenship. The criticism mad
Of IL was that II did not undertake I,
specifically determine certain jurisdic
tioual matters. but II did say. havlnl
made such proofs having made sucl