The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-21
REPORT OF THE MINORITY.
1t Favors Expulsion of Roberts by n
TwO-Thirds Vote.

The minority report is signed by Mr..
Littlefeld Rep). of Maine. and Mr.. De
Almond Oem.). of Missouri. 1t says, in
part:
1.-The undersigned members of the special
committee appointed to investigate and re-
port upon the prima facie and final right
OF Brigham III. Roberts to seat In the
House as the representative from Utah,
being unable to agree with the conclusions
OF the committee as to the constitutional
questions involved, very respectfully sub
nit views:
Assuming that Mr. Roberts has been
and is now a polygamist, unlawfully CO.
habitftfng with plural wives, and the House
OF Representatives is for that reason of the
opinion that he ought not to be a member
thereof, what course should IL rightfully
pursue under the Constitution the supreme
law of the land-exclude or expel him? II
he is to be excluded, Ii must be because he
is for such reason legally ineligible or
disqualified. The purpose Is to consider
the question of constitutional right, not of
power. as 1t is conceded that the House
has the power to exclued, with or without
reason, right or wrong. The exercise of
such a power without constitutional war
rant, would simply be brute force, tyran-
nous exercise of power, Unbelievable by
any tribunal"
After citing the. constitutional provision
as to the qualifications of representative
in Congress, the report proceeds: us it
seriously contended that this House can of
its own motion, by it's own independent
action, create for the purpose of 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
its Independent action, cannot. if ii would,
make for this any disqualifying regu-
lation that would have the force of law"
The report then exhaustively reviews the
law and presidents bearing upon the case.
The mains heads are as follows:
''First-It is a very grave question as to
whether Congress can. by a law duly enact
ed. add to the qualifications negatively
stated in the Constitution. There is no
decision of the Supreme Court directly or
Indirectly constituting this provision. There
is no decision of any State court on the
main question in point.
''Second-If the right to add a disQualifi-
cation by law is assumed the djsoualifica-
ton imposed by the Edmunds act does not
apply TO a 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
declares that no polygamist,. ETC., shall be
entitled to hold any office or place of public
trust, honor or emolument under
the United States Unless a member of the
House holds Office under the United
States within the meaning of the Consti-
tuition and the law, there is no Disqualified
ton
Continuing. the report says: This
House. by its independent action, cannot
make law for any purpose. The adding by
this House, acting alone, OF a qualification
rot established by law. would not only be
a violation of both the Constitution and
the law. but il would establish most
dangerous precedent which could hardly
fail TO return to plague the inventor
The report concludes as follows: "a
small partisan majority might render the
desire to arbitrarily exclude, by a majority
vote, in order TO more securely intrench
itself in power. Irresistible. Hence its ex-
erciSe il controlled by legal rules. In case
of expulsion, when the 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. Hence, expulsion has been
safely left in the discretion of the House.
and the safety of the members does not
need the protection of legal rules.
1T seems to us settled. on reason and au-
thority, that the power of the House to ex-
pei is unlimited. and that the legal propo-
sitions involved may be thus fairly sum-
married.. The power of exclusion Is a mat
vote. i'm 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 matter
OF discretion TO be exercised by a two
thirds vote. fairly. intelligently. conscien-
tiously. with due regard 10 propriety and
the honor and integrity OF the House and
the rights OF the individual member. For
the abuse of this discretion we are respcn-
sible only 10 our constituents our con-
sciences and our God.
1--WE believe that Mr.. Roberts has the
legal constitutional right TO be sworn I'm as
a member, but the facts are such that we