Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-23

governing commonwealth founded on the
idea of a family consisting in and spring.
ing from the union for life of one man and
one woman in the holy estate of fnatri
mony."
Mr.. Tayler continued: IF we are to at
tach any Importance to those fundamental
declarations of the highest court we must
declare-no matter what moral question
may be involvad-that this case presents IN
bold relief a question of governmental life,
the basis of which is law
This is a representative government: 1t
springs from the people. from the people
who make :he law; and their representa-
tives are such because they are believers
in the law and subject to the law. Many
may entertain opinions as to the unwisdOm
of certain laws and hope that these may
be erased from the statute books but in
the very nature of things they cannot stand
for defiance of law. And they cannot
stand for defiance of any law how much
the more must they stand respecters of
and obedient to such laws have proceed
ed from the people. at the peoples initia-
tive, and sustained by the de iberate and
intelligent approval Of substantially all the
people.
Now and then have law which
springs from the united voice of a united
people, the expression of the civilzng
force, in which practically all of them be-
lieve, and which is necessary to the exist
ence of that civiliZing force. OF the more
than IJ.HO.oD0 of American citizens all but
the mcrest handful believe and believe
with mighty fervor in the kind of COM
monwealth which Justice Matthews de-
clareS is founded on the marriage relation
existing for life between one man and
woman. That idea has been for many years
crystalliZed in solemn and deliberate law,
whose principle and form have been zap
proved by the highest judicial authority.
"Such laws max" imperative demand for
universal respect and obedience, and the
duty Of such respect and obedience presses
most urgently upon a representative of the
people in law-making body.
Constituting the Consultation.
"These propositions are fundamental and
self-cvidcnt. They liz ct the root of things.
They are IT," bed rock upon which written
constitutions rest: they prcccdc constitu-
tons; constitutions assume their pre-eXist-
ence and their perpetual existence; they are
institutional.
IF the federal Constitution had explicitly
declared that all persons should be eligible
for representative in Congress who denied
that the Constitution was the supreme law
of the land. that instrument and the gov
eminent it sought to create would not have
endured a singh day. 1t follows that if
such specific declaration could not have
Eeen male it cannot be implied. Neither
the presence nor the absence of certain
words in the instrument can imply a GER
tain meaning, if 1t is Impossible that such
meaning could have been expressed.
If the claimant to this seat is eligible,
he is eligible because the Constitution so
makes him either by its express language
or by nee ass&ry implication. The words
necessary lmpllcillOn mean mat II the
trainers of the Constitution had had in
mind the particular exigency to which the
" Crds are applied they wonid. if the prop
osition was approved. have written into the
Constitution the words which are 'necessar-
lily implied
The Constitution says: This Constitu-
ton and the laws of the United States
which shall be made in pursuance thereof,
shall be the supreme law of the land
IF the member-elect from Utah is eIig-
ible to be representative in Congress
then, for the purpose of his Case. We must
read into the Constitution ether words so
that it would read. No person shall be a
representative in Congress unless he shall
have attained to the age of twenty-five
years and been seven years citizen of the
United States, and who shall not when
elected be an inhabitant of that state in
which he shall be chosen: provided that no
person shall be ineligible to seat as such
In word and act. in life and practice defies
the Constitution and the laws and denies
their validity ard supremacy.
1t matters not whether this proviso be
attached to the clause referred to or to
some other. 1t must be written. into the
constitution somewhere if the claimant is
eligible, and my friends on the other side
OF the question will not deny it,
Ihus stands the case, then: If the mi
nority be right, the trainers of the Consti-
tuition If they had foreseen the Roberts in
c'uent with Its defiance of the Constitution
and the law, and its denial of their validity
and supremacy as to him. would have said
Brigham H. Roberts is eligible and must be
So ated If elected.
Il say that no such provision could have
been adopted, and if 1t could not cannot be
implied;
Much is said about the moral side of this
question Doubtless 1t has such side, and
t. that were the only consideration before
us the House might take the same action 1t
will take.
But L do not here and now, in the face
OF the great fundamental fact Of disobe-
dience to law, plus audacious defiance of
1t, care to assert the moral ground
Mr. Speaker do not hesitate to submit
this proposition to the candid Judgment of
this House and before the bar of history,
/ am profoundly convinced that it is right,
and that history will SO declare it: the
House can no more safely part with this
power than 1t can part with any other
power it possesses. This touches its very
vitality. If 1t loses it, 1t is, in certain con-
ceivable Instances, absolutely without
power.
Abuse of Power.
But We are told that it is a power that
may be abused. What power does the
House possess that 1t has not at some time
abused7 What branch of the government is
1t that having power, has not at some time