The Madison daily leader. [volume] (Madison, S.D.) 1890-current, 1900-01-22
ROBERTS
Majority and Minority Reports
Are Presented to the
House.
Majority Holds There Is abun.
cant Precedent for Refusal
to Admit.
Notoriously and Detiantly at
War With Our Laws and
Institutions.

WASHINGTON, Jan. 22.-Thc rcports
OF the special committee Of invcstiya
tion III the case of Brigham II. Roberts
OF Utah have been presented To tn,
house. The majority report, signed by
Chairman Taylor and six Of his as>o.
ciatcs. Is a voluminous document, and i.
accompanied by IA summary of the law
and facts. II gives the details OF the
hearings. the ample opportunities af.
iorded To- Mr.. Roberts TO present hi.
case. his refusal to testify and the unan.
imous finding Of facts, heretofore pub.
hshed 1t proceeds:
The cpmmitt... i unanimous in its
belief that Mr. Roberts ought not TO re.
mifin member of the house Of repre-.
s'n'a'ir.s. 4 majority are Of the opin,
ION that he ought not to b. permitted &c
become "A member; that the house ha.
the right 'o exclud. him \ minority
are of the opinion that the proper course
of procedure /, to permit him 10 ls
sworn Ill and then cNl-'l him by two
thirds vot. under the constitutional pro
vision providing for expulsion
Your committee dc.lr. toass..rt with
the utmost pb>ltlv-nc>s nt this point that
not only Is the proposition If expulsion
rs applied IL tins case against prcce.
dent. but that exclusion is entirely
in accordance with authority and legis-
laiivc pr,.c,s!cn, and no; antagoni,tic e.
any legislative action which the hous.
Of representatives has ever taken.
For convenience, ". present herewith.
before proceeding 10 extended argument
in support of the committees resolution
the following summary;
Upon the facts stated, the majority
Of tn" cunImittc. assert that the claim.
ant ought not IL H. permitted 10 take a
ss,at in tn. house of representatives and
that the sat IL which he Wa. elected
ought Ia h. declared vacant
The minority. on the other hand. as
sert that H. ought 10 be sworn. i'll ord.,
that. If happily two-thir,is vote therefor
hc MAY b. expelled.
''Thrc. distinct grounds Of di~qualiii
cation are asserted against Roberts.
Il. By reason Of his violation Of III,
Eimunds law.
"2 Ev r,-a>on Of his notorious and de
fan, violation Of the law If the land. q,
tn. decisions Of the suprcm. court ant
Of the prpclanation> of the president
holding himself above the law and no
amenable 10 IL,
mo government could possibly eSi>
in the face Of such practices. He Is II
open war against the laws and in>titu
tlon. of the country. whose congress h.
seeks to enter Such an idea Is intoleI
able. II is upon the principal a>Scr'c'
in this ground that ale of exclusion
have been based.
- His election n representative i
an explicit and offensive violation Of th'
understanding hy which Utah was al
mittcd as "A state.
The objection is made to the rcfu>a
Ia admit Roberts that the Constitution
excludes the idea that any objection cal
l., mad. 10 his coming in II he Is :
wears ot age, has been seven years clt
| iz,n uf the United States. and was al
inhabi,ant of Utah when elected. II
matter how o,iious or trea>onahle @
| criminal may have been his life an
| practices. To this we reply:
"Tha, the language of the consttu
tional provision. the history If It's fran
ing in the constitutional convention an
its context clearly show that II cann'
be construed 10 prevent dlsqualiflcalo
| for crime.
..Tha, the house Of Representatives In
!! never denied that it had the right 70 Z,
! cludc n mcmbcr-,lect. even when he ha
the three constitutional qualifications.
18th, house in 1869 adopted a gcner'
rule Of order. providing that no per>o
should be sworn in rs n member ngaln'
whom the objection was made that !
| was not entitled Ia take the test oatl
nnd if upon investigation. such fact NJ
narcd. he was TO be permanently d
barred from entrance.