Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-20
.REPORTSON ROBERTS
Continues from First Page.)

that the claimant be. sworn in and then
turned out. Upon the theory that the pur-
pose is to permanently part company with
Mr. Roberts. this is dubious proceeding
Such action requires the vote of two-t thirds
OF the members! We ask if such a vote is
possible or right, in view of the following
observations:
Expulsion of Members.
THE expulsionSciause of the Constitution
is as follows:
Each House may. determine the rules
of Its proceedings, punish its members for
d1sorderly behavior, and. with the concur
renee OF tWo-thirds eXpel a member
mo lawyer can read that provision with
out raising in his own mind the question
whether the House has any power to expel,
except Tor some cause relating to the con-
teXt! me abiest lawyers from the begin
ming of the republic have so insisted, and
their reasoning has been SO cogent that
these propositions are established, namely:
Il. Neither house of Congress has ever
expelled a member for acts unrelated to
him as member or inconsistent with his
public trust and duty as such.
Both houses have many times refused
to expel where the guilt Of the member was
apparent: where the refusal to expel was
put upon the ground that the House or SEN
ate, as the case might be, had no right to
eXpel for an act unrelated to the member
as such, or because it was committed prior
to his election
The Conclusion.
The report concludes as follows: 'If
there is any fact apparent in this case it is
that the constituents of Mr.. Roberts knew
all about him before his election. Can
there be room to doubt the proper action
of the House Is it prepared to yield up
this Salutary power of exclusion? Will 1t
declare itself defenseless and ridiculous?
Nor are those who assert that expulsion
is the remedy necessarily barred from vot-
ing for the resolution declaring the seat
vacant. He must, indeed, be technical and
narrow in his construction Of the Consfftu-
ton who will not admit that if a vote to
declare the seat vacant Is sustained by a
two-thirds majority the Constitution is sub
stantially complied with. He may not agree
with the committee that mere majority
can exclude. but he can reserve the right
to make the point Of order that the resolu-
ton is not carried IL two-thirds do not vote
for it.
IF the House takes the action which the
minority of the committee insists it ought
to take 1t will for the first time in its his
tory part with most benef1cent power
which 1t has often exercised-a power that
ought rarely to be exercised, but winch the
House has never declared it did not possess.
Mindful of the gravity of the question
and realizing the responsibility imposed
upon us we recommend the adoption OF the
following resolution:
Resolved, That under the facts and cir
cumstances of this case Brigham H. Rob
erts, representative-elect from the state OF
Utah, ought not to have or hold seat IN
the House of Representatives, and that the
seat to which he was elected is hereby de-
clared vacant
The Minority Report.
The minority report is signed by Mr.. Lit
tlefield. republican, Of Maine, and Mr. De
Almond democrat, Of Missouri. 1t says In
part. regarding the exclusion Of Roberts
from the House:
IF he is to be excluded, it must be be-
cause he is for such reason legally ineli-
gible or disqualified. The purpose is to con-
slider 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 exer-
else of such a power, without constitutional
warrant. would simply be brute force
tyrannous exercise of power, unreviewable
by any tribunal
After citing the constitutional provision
as to the qualifications of representative
in Congress the report proceeds:
rs it seriously contended that this House
can of it's own otion. by its own indie
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 it's Independent action cannot. if
it would, make for this case any disquali-
flying regulation that would have the force
of law
The report then extensively reviews the
law and precedent bearing on the case. The
main heads are as follows:
First. 1t is a very grave question as to
whether Congress can. by law duly en-
acted. add to the qualifications negatively
stated in the Constitution. There is no de-
cision of the United States Supreme Court
directly or indirectly constituting this pro-
vision. There is no decision of any state
court directly in point.
Second. If the right to add a disqualif1-
ffo,, Nv 1ov iS mod Aoa
ton imposed by the Edmunds act does not
apply to j member of Congress. and there
fore does not affect Mr.. Roberts. The only
portion of the section that can be said to
have any application to a member of the
House of Representatives Is that which de-
clares that no polyganist, etc, shall be
entitled to hold any Office or place Of public
trust: honor or emolument under
the United States Unless member of the
House holds an Office under the United
States within the meaning Of the Consti-
tuition and the law, there is no disqualfi-
cation
Continuing. the report says:
This House. by its Independent action,
cannot make law for any purpose. The
adding by this House, acting alone, of
qualification not established by law would
not only be violation of both the Consti-
tuition and the law, but it would establish
most dangerous precedent. which could
hardly fail to return to plague the inven-
tor You might feel that the grave moral
to
"'Wrest once the law to your authority
To do a great right do little wrong
But what warrant have you. when the
barriers of the Constitution are once broken
down. that there may not come after us
House with other standards of morality and
propriety which will create other qualifi-
cations with no rightful foundations, that,
in the heat and unreaSon of partisan con-
test-snce there will be no definite stand
ard by which to determine the existence of
qualifications-will add anything that may
be necessary to accomplish the desired re-
suit? EFFICIENCY will determine the suffi-
cheney. 1t would no longer be govern
eminent of laws. but of men. To thus de-
part from the Constitution and substitute
force for law is to embark upon a trackless
sea, without chart or compass, with almost
certainty Of direful shipwreck.
Cargo of the Maria Landed.
The small doubt that remained as to the