The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1900-01-23
NOT ONE VOICE FOR
THE P0LYGAM|ST
All Would Drive Roberts
From the House.
The MAJORITY REPORT
1T DECLARES THAT HE SHOULD
NOT TAKE HIS SEAT.
THE MINORITY ASKS HIS EXPULSION
Declaring That Exclusion Would be a Violation
of the Constitution Which Would Estab-
Iish a Dangerous Precedent. Re-
ports Presented to House.

ports Presented to House.
Washington. Jan. 2O.-The reports Of
the special committee of Investigation
in the case Of Brigham II. Roberts, of
Utah. We're presented to the House to-
day. The majority report signed by
Chairman Tayler and six of his aSso-
GATES is a voluminOus document, and
is accompanied by a summary of the
law and facts. 1t gives the details of
the hearings. the ample opportunities
afforded to Mr.. Roberts to present his
case. his refusal to testify and the unani-
nous finding Of facts heretofore pub
lished. 1t proceeds:
THE MAJORITY REPORT.
THE committee is unanimous in it's be-
lief that Mr.. Roberts ought not to re-
main a member of the House Of Repre-
sentatives. A majority are of the opin-
ion that he ought not to be permitted to
become q member: that the House has
he right to exclude him. y minority are
of the opinion that the proper course
of procedure is to permit him to be sworn
in and then expel him by a twO-thirds
vote under the constitutional provision
providing for expulsion.
Your committee desire to assert with
| the Utmost positivenesS at his 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, authority and Legislative
precedent, and not antagOnlStlc to any
legislative action which the House OF
Representatives has ever taken.
For convenience We present herewith
before proceeding to extended to arSu-
4 H. 80, - ~ ,.nCDIi.
TONS the following summary:
Upon the facts stated, the majority
of the committee assert that the claim
ant ought not be permitted to take a
seat in the House of Representatives
and thai the seat to which he was elect
ed ought to be declared vacant.
The minority, on the other hand. as
sert that he ought to be sworn i'll i'll
order that if happily two-thirds vote
therefor he may be expelled. -.
Three distinct grounds for disqualiti-
cation are asserted against Roberts.
by reason of his violation of the
Edmunds law.
BY reason of his notorious and
defiant violation of the law of the Land,
of the decisions of the Supreme Court,
and of the p~roclamations of the Ircsf-
dents, holding himself above the law
and not amenable to it.
NO government could possibly exist
in the face of such practices. He is
in open war against the laws and insti-
tutions of the country whose Congress
he seeks to enter. Such an idea is
intolerable. 1t is upon the principle as
serted 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 Il State"
After further arguments on these lines
the committee continues:
The interesting proposition is made
that the claimant be SWORN i'll and then
turned ont. Upon the theory that the
purpose is to permanently part company
with Mr.. Roberts this is a dubious pro-
ceeding. Such action requires the vote
Of two-thirdS OF the members. We ask
if such 4 vote is possible or right. in
favor of the following observations.
LAW AS TO EXPULSION.
The expulsion clause Of the Constitu
ton is as follows:
Each House may determine tho
rules of its proceedings, punish its MEM
bers for disOrderly behavior and, with
the concurrence of tWo-thirds, eXpel Il
member.
NO lawyer can read that provision
without raising in his own mind the
question whether the House has any
power to expel, except for some cause
relating to the contextS The ableSt law
yers from the beginning Of the republic,
have SO insisted.'
The report concludes as follows:
If there is any fact apparent in this
ease it is that the constituents of Mr..
Roberts knew all about him before his
election. Can there be room to doubt
the proper action of the House? Is it
prepared to yield up this s~alutary power
of exclusion? Will it declare itself de-
fenseles sand ridiculous?
Nor are. those who assert that expul-
sion IS then remedy necessarily barred
from voting for the resolution declaring
the seat vacant. He must, indeed. be
technical and narrow in his construction
Of the constitution who will not admit
cant is sustained by a two-thirds major
ity the constitution is substantially COM
piled with. He may not agree with the
committee that q mere majority can ex-
clude, but he can reserve the right 10
make the point of order that the resolu-
ton is not carried if two-thirds do NOT
vo.e for it.
IF the House takes the action which
the minority of the committee insists il
ought to take, it will for the first timr
i'll its history part with a most hene-
ficent power which it has often exercised
"a power that ought rarely to be exer
Cised, but which the House has never
declared it did not possess.'
The minority report is signed by Mr.
Littlefield, Republican of Maine and MI
DeArmcnd, Democrat, of Missouri. II
says in part:
THE MINORITY REPORT.
t' Assuming that Mr.. Roberts has beea
and is NOW a ~pOlygannist, unla W fully co
habltating with plural wives. and the
louise of Representatives is for that rea
son of the opinion that he ought moi