Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-01-21

ought not to be a member thereof,
what course should it rightfully pur-
sue under the constitution, the SUI
preme law of the land-exclude him
or expel him? If he is to be excluded,
it must be because he is for such rea-
son legally ineligible or disqualified.
The purpose is to consider the question
of constitutional right, not of power,
as it is conceded that the House has
the power to exclude, with or without
reason, right or wrong. The exercise
of such a power, without constitu-
tional warrant, would simply be brute
force. a tyrannous exercise of power,
Unbelievable by any tribunal"
After citing the constitutional pro-
vision as to the qualifications of a
representative in Congress, the re-
port proceeds: rs it seriously con-
tended this House can, of its W mo-
ton, by it's own independent action,
create for the purposes of this case a
legal disqualification? This House
cannot make or unmake the
law of the land. 1t is quite clear
that the House, by it's independent ac-
ton, cannot, if 1t would, make Tor
this case any disqualifying regulation
that would have the force OF law.
The report then reviews the law and
presidents bearing on the case. The
main
Heads Are as Follows:
"First-It is a very grave question
as to whether Congress can, by a law
duly enacted, add to the qualifications
negatively stated In the constitution.
There is no decision Of the United
States Supreme Court directly or indis
rectly constituting this provision. There
is no decision of any State court direct
ly in point.
"Seoond-If the right to add a dis
qualification by law is assumed the
disqualification imposed by the Ed
munds act does not apply to a member
of Congress, and therefore does not af-
feet 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 an Office
under the United States within the
meaning of the constitution and the
law there is no disqualification.
"This House, by it's independent ac-
ton, cannot make law for any purpose.
The adding by this house, acting alone,
of a qualification not established by law
would not only be a violation OF both
the constitution and the law, but 1t
would establish a most dangerous pre-
cedent, which could hardly fail to re
turn to plague the inventor"
The Report Concludes
as follows: "The power of exclusion
is a matter of law, to be exercised by
a majority vote, in accordance with
legal principles, and exists only where
a member-elect lacks some of the quail
fications required by the constitution.
The power of expulsion is made by the
constitution purely a matter OF discre-
ton, to be exercised by a two-thirds
vote, fairly, intelligently, conscientious
ly, with a due regard to propriety and
the honor and integrity of the House
and the rights of the individual mem
Der. For the abuse of this discretion
we are responsible only to u consti-
tuition, our consciences and our God.
1--WE believe that Mr.. Roberts has the
legal constitutional right to be sworn
in as a member, but the facts are such
that we further believe the House, in
the exercise of its discretion is not only
justified, but required by every proper
consideration involved, to expel him
promptly after he becomes a member.
We recommend the following as a sub
stitute for the resolution proposed by
the committee:
Resolved, That Brigham H. Roberts,
having been duly elected a representa-
tive in the Fifty-sixth Congress from
the State of Utah, with the qualifica-
tons requisite for admission to the
House as such, is entitled, as a consti-
tutional right, to take the oath of Office
prescribed for members-elect, his sta
tus as a polygamist, unlawfully cohab-
iting with plural wives, affording con-
stitutional ground for expulsion, 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 a resolution to expel him as
a polygamist, unlawfully cohabiting
with plural wives"