Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-23
DISCUS Ion IN the
lobe rs CASE.
Continued from page one)

peared conscious Of the attention IL
was attracting and after looking over
some papers left his seat and paced
up ana down behind the railing which
divides the door from the lobby H'
was attlred modestly In long frock
coat with a dark tie. He left the han
a few minutes before the gayel fell ard
was not present when the chaplain de-
llyercd hs Invocation. re returned all
most Immediately thereafter however
Nearly every member was in his seat
few minutes later. when MI. Tay-
Ter (O), chairman Of the special COM
mttce. which investigated the case
sruse from behind q desk stacked high
With legal authorities ana manuscript
and called 10 the case. Mr. Tavler Dc
q young man. slight and pallld, but with
energy and alertness stamped upon
every feature. He asked that the agree
mCnt between the majouty and minor
IT'S VI the committee Tor vote on The
case at $3.50 O'Clock p. N. on Thursday
De ratified by the House
Mr Lacey Of Iowa objected unless Il
be understood that a substitute resolu-
ton IS hiCh he desired 70 offer be also
considered pending
10 this Mr. Tayler objected. lie also
objected % having Nj LaCeys PROPOSE.
ton. although appealed 20 by Mr..
Bailey (TeSaD and Mr.. Richardson
Crenn)
This proposition. as q subsequently
developed. was for the expulsion OF Mr..
Roberts without swearing him TO-
The majority resolutions 90 exclude
him and the minority resolutions to
permit him 10 be sworn IN and then be
expelled, were laid before the House
without any agreemen, as to vote.
mr. Tayler (O) opened In support Of
the majority resolutions lie spoke
clearly and With great earnestness.
When he began Mr.. Roberts changed
his position to one near the center aisle
on the Democratic side whore he could
hear with more case. Mr. Tayler said:
Chief Justice Waite in the Reynolds
case In 1873, speaking OF the claim that
pOlygamy was religious practice. said;
To 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. I'm the Ramsay
case. n 1884. declared In substance that
all political influence ought 20 be With
drawn from those who are practically
hostile % The establishment of q free.
self-g0ycrning commonwealth founded
on the idea Of a family as consisting In
ana springlng from the union Of the
life az one man ana one woman IN the
holy state Of matrlmony If we are 10
attach any importance 10 those funda-
al III f.FH
We must declare--nO matter what moral
question may be inyoved--that this
case presents In hold relief q question
Of governmental life, the basis Of which
Is law
This Is a representative government.
u springs from the people who make
the laws. and their representatives are
such because they believe IN the law
ana are subject TO the law. Men may
entertain opinions as to the unwisdom
" certain laws and a hope that these
may be erased from the statute books;
but IN the very nature OF things they
cannot stand for defiance Of law. As
they cannot stand FOR defiance OF any
law how mach the more must they
stand as respecters OF the obedlent to
such law. as have proceeded ffom the
people az the peoples Initiative and
sustained by the deliberate and intell-
gent approved Of substantially all the
people.
Now md then we have a law which
springs from the united Voice OF unit
ed people. as the expression of the civ
!lized force In which practically an OF
them believe. and which Is necessary
10 the existence ~ that civillsing force.
or the more than 1000, 900 Of Amerl-
can citizens, an but the merest handful
believe. and believe with a mighty fer
yor In the kind Of commonwealth which
Justice Matthews says is found in the
marriage relation existing for lie be-
tween one man and one woman. That
idea has been for many years crystal
llzed In solemn and deliberate law
whose principle and form have been APP
proved by the highest judicial author
ity. Such laws make imperative de-
mand for universal respect and obedi-
ence. and the duty Of such respect ard
obedience presses most urgently upon
a representative u a people IN law
making body.
These propositions are fundamental
and self evident They lie al the root
Of things They are the bedrock on
which written constitutions rest; they
precede constitutions; constitutions as,
sumo their pre-eXstence and their per-
petual existence, they are institutional.
II the Federal Constitution had ex-
pllcltly 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
and the government II |
sought % create would not have en- !
dured a single day. Il follows that II !
such specific declaration could not have |
been made IL cannot be Implied. Meth |
er the presence nor the absence OF GER |
tain words In the instrument can imply |
a certain meaning. Il it Is impossible |
that such meaning could have been ex- /
pressed.
II the claimant 20 this seat Is ellgl. |
bic he Is eligible because the Constitu- |
ton so makes him, either by its express
language or by. necessary Implication.
"The words necessary Implication |
mean that II the trainers OF the Constl-
tuition had had IN mind the particular /
axlgency TO which the words are ap-
piled they would n the proposition was
approved have written into the Consti-
tuition the words which are necessarily
Implied
1.-THE Constitution says:
This Constitution and the laws OF
he United States. which shan be made
In pursuance hereof shan be. the su.
preme law Of the land.
III the member-eleCt from Utah is
Eligible 10 BE- a representative In Con.
gress. then for the purpose OF his case
We must read into the Constitution
other words 50 that II would read:
no person shah be representative
IN Congress unless be shah have az.
.alned 10 the age of g years. and been
seven years citizen OF the
United States, and who shall
not when elected be an inhabitant OF
hat state In which he shall be chosen,
no person shall be eligible to
n seat ms such representative who In
form and substance. Ia word and act,
n life and practice. defes the Constitu.
ion and the laws and denies their val.
dlty and supremacy.
1T matters rot whether this proviso
be attached % the clause referred TO
lr 10 some other II must be written
nto the Constitution somewhere II the
'lalmant Is eligible, and my friends on
he other side Of the question, viii not
leny H.
Thus stands the case, then: II the
minority be- right. the trainers Of the
Constitution II they had foreseen the
Roberts incident, with It's defiance Of
ne Constitution and the law and It's de-
lial Of their validity and supremacy as
% him. would have said Brigham II.