The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-01-21
De Almond. Democrat. of Missouri.

Cidi COiu1illIt6C dQpUlUlSu IL 1lf6SliSdj
and report upon the pr4na facie and INA
right of Brigham H. noOerus TO sea
In the house as the representative from
Utah, being unable to agree with thu
constitutional questions involved, very re
| specially submit our views.
Assuming that Mr.. Roberts has been
and Is now. a polygamist. unlawfully co
| habit1ng with plural wives, and the hous
| of representatives Is for that reason o
| the opinion that he ought not to be
member thereof, what course should
rfghtfully pursue under the constitution
| the supreme law Of the land-eXciu.le hin
| or expel him? If he is TO be excluded.
must be because he is for such reason lie
gally ineligible or disqualified: The pur
| pose Is to consider the question OF con
stitutional right, not of power. as It i
conceded that the house has the power t.
exclude with OF without reason. right o
wrong. The exercise of such a power
without constitutional warrant, woul,
| simply be brute force, a Iyrannous exer
else OF. power. unreviewabie by any tri
bunal."
After citing the constitutional provision
as to the qualifications of a representa-
tive In congress. the report proceeds
''Is it seriously contended that Thu
house can. of it's own motion, by its OWL
independent lap action. create create, for the pur
ton? This house alone cannot make OF
unmake the law of the land. 1t is quite
| clear that the house. by its independent
cCliOA, CdIiAOlp IL II WOulQ, IQdh0 IOT lIiIs
case any disqualifying reputation thai
would have the force Of law"
The report then exhaustively reviews
the law and precedents bearing on ths
case. The main heads are as follows
First-It Is very grave question as
to whether congress can, by a law duly
enacted, add to the qualifications mega
lively stated in the constitution There
is no decision of the United States SUI
preme court directly or indirectly con-
STRUNG this provision. There is no decis-
lon of any state court directly in point:
"Second-If the right to add disauali-
ication by law is assumed the disquali-
fication imposed by the Edmunds act
does not apply to member of congress.
erts.. 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 declares that no polygam-
emolument = under the United
States unless member OF the house
holds an office under the United States.
and the law, there is no disquali.. ~
tion."
Continuing, the report says:
This house, by its Independent action,
adding by this house. acting alone, of 9
qualification not established by law would
not only be a violation of both the con-
St1tution and the law, but 1t would estab-
could hardly fail to return to plague the
inventor You might feel that the grave
moral and social aspects of this case al
lowed you to
To do great right. do a little wrong.
But what warrant have you, when the
barriers of the constitution are once
after us house with other standards of
morality and propriety, which will create
other qualifications, with no rightful
foundations, that, in the heat and unreal
son of partisan contest-since there - will
be no definite standard by which to de-
termine the existence of qualifications
Will add anything that may be necessary
to accomplish the desired result? Exigen-
cy will determine the sufficiency. 1t would
no longer be a government of laws, but
of men. To thus depart from the consti-
tuition and substitute force for law Is to
embark upon a tractless sea, without
chart or compass. with almost certain
ty Of direful shipwreck"
The report concludes as follows:
small partisan majority might rem
der the desire to arbitrarily exclude, by
majority vote. In order to more securely
intrench itself in power irresistible
Hence It's exercise is controlled by legal
requisite two-thirds can be had. the
motive for the exercise Of arbitrary power
no longer exists. as a two-thirds partisan
majority is sufficient for every purpose.
11CHCS cADulSlOu ldS. D6Gn safely I6IC IN
the discretion of the house. and the safety
of the members does not need the protec-
ton of legal rules.
1T seems to US settled upon reason and
expel is unlimited and that legal PROPOSE
lions involved may be thus fairly sum-
married:
'The power of exclusion is a matter of
law, to be exercised by 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 a mat
ter of discretion, to be exercised by q two
thirds vote. fairly, intelligently, conscien-
tiously. with due regard to propriety
and the honor and integrity of the house
and the rights of the individual member.
For the abuse. of this discretion. we are
responsible only to our constituents. our
conscience and our God.
I'VE believe that Mr.. Roberts has the
legal constitutional right to be sworn in
as member, but the acts are such that
we further believe the house. in the eX-
ercise of it's discretion. is not only justi
fed. but required by every proper consid-
after he becomes member.
1--WE recommend the following as sub
stitute for the resolution proposed by the
Resolved. That Brigham H Roberts.
having been duly elected q representative
in the Fifty-sixth congress from the state
of Utah, with the qualifications requisite
for admission to the house as such, is en-
titled, as a constitutional right, to take
the oath of office prescribed for members
elect, his status as polygamist unlaw
fully cohabiting with plural wives, at
fording constitutional grounds for expul-
sion, but not for exclusion from the house.
"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 n resolution to expel him as a
polygamist unlaWfrlly cOhabiting with
plural wives.
&C. E. LttIefeld.