Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1900-01-23


as the representative of Utah, being unable
to agree with the conclusions of the com
mittee as to the constitutional questions in
volved, very respectfully submit our views
Assuming that Mr.. Roberts has been and
is now q polygamlst, unla wfuly cohabting
with plural wives, and the House Of Repre-
sentatlves decides for that reason that he
ought not to be a member thereof what
course should 1t rghtfully pursue under
land-exclude him expel him? If he is
to be excluded it must be because he is for
such reason legally ineligible disqua flied
The purpose is to consider the question of
constitutional right not Of power as If is
conceded that the House has the power TO
exclude with or without reason, right or
wrong. The exercise Of such power with
brute force. n tyrannous exercise of bower
urreviewable by any tribunal.
After citing the constitutional provis
ions as TO the qua if ations of repre-
sentative III Congress, the report pro-
ceedS:
Is it seriously contended that this House
can of its own motion, by it's own indie
pendent action, create. for the purpose of
this case legal disqualification! This
law OF the land 1t is quite clear that
the House by It's independent action, can
disqualifying regulation that would have
the force of law.
The report then extensively reviews
the law and presidents bearing on the
case. The main heads are as follows:
First-It is very grave question as to
whether Congress can, by law duly en-
acted, add TO the qualifications negatively
stated in the constitution. There is no de-
cision of the United States Supreme court
directly or indirectly constituting this pro
vision. There is decision of any state
court directly in point.
Second-If the right to add a disqualified
ton by law Is assumed, the disqualification
imposed by the Edmunds act does not apply
to member of Congress, and therefore
does not affect Mr.. Roberts. The only por-
ton of the section that be said to have
any application TO a member of the House
of Representatives is that which declares
that nc polygamist. etc, shall "be entitled
honor Gio or ne pace OF Pu1 nGer trust
United States, unless a member of the
House. holds an Office under the Uni ed
States within the meaning of the constitu-
ton"
Continuing, the report says:
This Eouse, by its independent action,
cannot make law for any purpose The add
ing by this House, acting alone of quail
&tion not established by law would not
only be violation of both the constitution
dangerous precedent, which could hardly
IAll TO return TO plague the inventor
1ou might feel that the grave moral and
social aspects Of this case allowed you to
Wrest once the law to your authority
10 DO great right do u little wrong.
But what warrant have you. when the bar
dCWn. that there may not come after Us
House with other standards of morality
ana ana propricty which will create other quail
hcatlcns with no rghtful foundations that,
IN the heat and unreasOn of bipartisan con
testIslnce there Will be no definite stand
ard by which to determine the existence of
quaiincatl0ns-Wjll add anything that may
be necessary 10 accomplish the desired
SUIT! EFFICIENCY will determine the suf-
n iDle4cE - IL would not longer be govern
meht OF laws, but Of men. TO thus depart
from the constitution and substitute force
Ipr Jaw Is to embark upon trackless sea
certainty of direful shpwreck.
The report concludes as follows:
small partisan majority might render
the desire 10 arbitrarily exclude. by 4 ma
1oflty vote, in order to more securely in
us exercise Is controlled by legal rules. In
case of expulsion, when the requisite Two
thirds can be had. the motive for the exer-
else or arbitrary power no longer exists, as
a two-thirds partisan majority is sufficient
Iof every purpose. Hence expulsion has
heen safely left in the. discretion of the
house. and the safety of the members does
not need the protection of legal rules
II seems to US settled upon reason and
authority that the power of the House to
eXpei is unlimited. and that the legai propo-
married.:
The power of exclusion is q matter of
in accordance with legal principles and ex-
lists only where a member-elect lacks some
tuition. The power of expulsion is made by
the constitution purely a matter of discre-
ton; TO be exercised by two-thrds vote,
fairly. intelligently, cOnscientiously, with q
due regard TO .proprety and the honor and
integrity of the House and the rights of
the individual member For the abuse Of
thlS discretion we are responsible only to
our constituents, our consciences and our
God
We believe that Mr. Roberts has the legal
constitutional right to be sworn in as Il
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 in
VOWED TO eXpel him promptly after he be
comes member.
We recommend the following as a substi-
mittee:
Resolved. that Brigham H. Roberts hay
ing been duly elected representative in
the Fifty-siXth Congress from the state of
Utah. with the qualifications requisite for
mission to the House as such. is entitled.
OF office prescribed for members elect. his
status as a polygamist, unlawfuly cohah
iting with plural wives, affording constitu-
exclusion from the House.
And If the House shall hold with and
swear in Mr.. Roberts as a member we shall.
as soon as recognition can be had. offer q
resolution TO expel him as a pOIygamist
unlawfully cohabiting with plural wives.
c. r.. LITTLEFIELD.
DAVID A. DE ARMOND.
Presented to the House.
When the House met today, Mr. Tayler
tOhio), chairman Of the special committee
to investigate the case of Representative
elect E. II. Roberts, presented the major
ity report in favor of the exclusion of Mr..
Roberts, and gave notice that he would
call the case up on Tuesday
Mr.. Littlefeld (Me.) presented the mi
nority report in favor of seating Mr. Rob
erts and then expelling him. The minor
ity report was signed by Mr.. Littletield
(Rep) and Mr. De Almond Dem) Five
thousand copies of the reports were or
dered printed for general distribution
Mr.. Roberts was in his seat during
these proceedings. but made no effort to
address the House