The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-21
RIGHT TO EXCLUDE ROBERTS
CLAIMED BY THE MAJORITY.

Washington, Jan. 2O.-Reports of the
special committee of investigation in
the case OF Brigham H. Roberts of
Utah were presented to the house to-
day. The majority report signed by
Chairman Tayler and six Of his associ-
ates is a vOluminOus document and is
accompanied by a summary Of the law
and facts It gives the details of the
hearings. the ample opportunities af-
iUEaEd - E4r frc ~ his
case, his refusal 10 testify ara tue
unanimous finding Of facts, heretofore
published It proceeds:
The committee is unanimous in it's
belief that Mr.. Roberts ought not TO
remain g member Of the house of rep
resentatives. A majority are of the
opinion that he ought not to be permit
ted TO become a member; that the
house has the right to exclude him. a
minority are Of the opinion that the
proper course Of procedure is TO per-
NIT him to be sworn in and then expel
him by a two-thirds vote under the
constitutional provision providing for
expulsion.
Right to Exclude.
Your committee desires to assert
with the utmost pOsitiveness at this
point that not only is the proposition
Of expulsion as applied to this case
against precedent but that exclusion
is entirely in accord with principle, au-
thority and legislative precedent, and
not antagOnistic to any legislative ac-
ton which the house Of representatives
has ever taken
For convenience We present herewith
before proceeding TO extended argument
in support Of the committees resolu-
ton the following summary:
Upon tEa facts stated. the majority
Of the committee assert that the claim
ant ought not to be permitted to take a
seat in the house Of representatives and
that the seat TO which he was elected
ought to be declared vacant.
The minority on the other hand.
asserts that he ought to be sworn in in
order that if happily tWO-thirds vote
therefor. he may be expelled.
Three distinct grounds Of disquali
ication are asserted against Roberts.
Grounds of disqualification.
a By reason Of his 7iolation of the
EdmUnds law.
-. By reason Of his notorious and
defiant violation of the law Of the land.
OF the decisions Of the supreme courts
and of the prOclamatiOns of the presi-
dents, holding himself above the law
and not amenable to il. No govern
ment could possibly exist in the face
of such practices. He is in open war
against the laws and institutions of the
country, whose congress he seeks to
enter Such an idea is intolerable It
is upon the principle asserted in this
ground that all cases of exclusion have
been based.
''3. His election as representative is
an explicit and offensive violation Of
the understanding by which Utah was
admitted as a state.
'-The objection is made to the refusal
to admit Roberts that the constitution
excludes the idea thar any objection
can be made to his coming in if he is
% years old, if he has been seven years
a citizen of the United States and was
an inhabitant Of Utah when elected, no
matter how OdiOus or reasonable or
criminal may have been his life and
practices To this we reply:
Reply to Minority.
Il. That the language Of the consti-
tutiOnal provision the history of its
framing in the constitutional conven-
ton, and its contest clearly show that
it cannot be construed TO prevent dis
qualification for crime.
50 That the overwhelming authority
of text book writers on the cOnstitU-
ton IS to the effect that such disquali-
ficatiOn may be imposed by the house
and no commentator on the constitu-
tiOnaspecifically denies it,
'3. Ehe courts of several of the
states in constituting analogous provi-
sions have with practical unanimity
declared against such narrow construc-
ton of such constitutional provisions.
- The house Of Representatives has
never denied that II had the right to
exclude a members elect, even when he
had the three constitutional provisions
. IN many instances il has distinct
~ asserted its right so TO do in cases Of
disloyalty and crime.
The Test Oath Act.
So It passed. in 1862 the test oath
act. which imposed real and substan-
tial disqualification for membership in
congress disqualifying hundreds Of
thousands Of American citizens. It re-
manned in force for twenty years, and