The times. [volume] (Washington [D.C.]) 1897-1901, 1900-01-22
MONDAY. JANUARY %. 1900.
The Roberts Reports.


The majority and minority reports OF
the Committee OF the House OF Represen-
tatives in the case of the polygamist Mem
Der from Utah are of the highest interest
10 the country. We are afraid that the
former will be adopted without serious op-
position, and that vicious precedent vio-
lating the constitutional right of represen-
tstiou. inherent In all the component States
OF the Union. is about TO be established
detrimentally to the safety of our free in
stilutions.
The majority report states that tine
committee is unanimous in its belief that
Mr. Roberts ought not to remain a member
OF the House of Representatives. A ma
iority are of the opinion that he ought not
TO be permitted to become a member:
that the House has the right to exclude
him" 1t would be difficult to find any
respectable American citizen who does not
entirely agree with the proposition that
Roberts is a man totally unfit to hold pub
lie office OF any kird or even to exercise
the privileges OF citizenship. But there
are plenty OF patriotic people who do not
see in that connection any excuse for over
riding the Constitution and the rights OF
the States in order TO give II effect.
A majority OF the committee are OF the
opinion that Roberts ought not to be per-
united TO become a member"
In adopting this view 1t Is TO be feared
that the majority are taking anwarranta-
bic liberty with facts. We are much mis-
taken if Brigham H. Roberts is not legally
a member already, and would be SO de-
clsred by the Supreme Court II that trl-
bunsl were properly in a position to de-
eide the question today. He was regularly
elected; his credentials were in due form
aud faultless on their face; he was regu-
larly enrolled as a member by the Clerk
OF the House; UP to the meeting of the
Fifty-sixth Congress he drew the pay OF
member: and when the House was called
to order, his standing before and in it
was identical with and as good as that OF
Mr.. Henderson, Mr.. Richardson, or any
other Representative. That he was re-
fused the oath OF Office and barred from
his privileges as a member by an arbl-
trary act of the body, bending before the
storm of popular outcry, does not affect
his legal status in the premises in any
manner. His State sent him TO Congress
under regular and constitutional forms OF
procedure. 1t was entitled to have him
seated because of that regularity and its
right OF representation. and IL those rea-
sons were not sufficient, because of the
further and incontestable fact that he had
been already recognized as a member by
fla constituted amt horifias nf fha Hang.
OF Representatives In the binding acts Of
enrolment aud the payment of salary.
We are simply amazed that good constl-
tutional lawyers--and there are gentlemen
with that reputation among the signers OF
the majority report-should venture to
brush aside the truths OF the situation. and
10 ignore not only wise precedent and ira
dition. but basic principles Of justice and
OF protection to representative government
for the purpose of cutting a Gordian knot
which IL united in more constitutional
and equitable way might result in trouble |
OF some sort.
Just what kind OF trouble has been ap- |
pretended in case Roberts were seated and |
bis expulsion moved It would be hard to |
imagine. Certainly, no one ought to doubt 1
that the two-thirds majority necessary TO /
expel could be obtained at a moments no |
tice. What, then, can be the underlying 1
motive strong enough TO lead prominent 1
members OF legislative body. already open |
10 the charge Of surrendering some of its
constitutional safeguards. TO act independ-
emily OF law and regularity, when both
sher speedy and certain remedy?
II has been suggested in some quarters
that the course recommended by the ma
jority of the committee is favored by those |
who agree with them. because 1t would |
avoid an acrimonious and possibly scan
dslous debate on the floor, should the Utah /
member be given chance TO defend him
self In open session. Possibly there may. be /
something In this: but such q consideration |
should not be important enough to cause
the House of Representatives to establish
such bad precedent as the violent denial
OF the right Of representation to an Amer
lean Commonwealth after due recognition
OF its representative.