The sun. [volume] (New York [N.Y.]) 1833-1916, 1900-01-21
gravity OF the question and realizing the re;
sponsibility Imposed upon rs. we recommend
the AdoptlOn Of the follOMing resolution:

gravity OF the question and realizing the re-,
sponsibility Imposed upon rs. we recommend
the adoption Of the following resolution;
R,,oirsd. That under the facts and GIRO .tanee'
Of thi. cs'. Brigham u h9e'p ruth, m ~, ~ h.ys o.
hold q seat In the Hons. of Representatives and thA,
the scat to which he was elected Ia hereby dec's'eD
vacant.
THE MINORITY REPORT.
The report Of the minority agrees with thnto,
tho majority regarding the olygamOus ne lsd
by Roberts, and for that reason ne mcnrner,
shIp In the House Is not desirable -. " no,
constitution. the Supreme law Of The
hInI"mni mo I. TO s1 e. ss.lud .,r IT must he +.
cause he IL for such reasons legally lnellglhle
or disqualified, Our purpose IL to consider me
question Of c9nstl,u,iona rlgn,, not 3, i nnw,i
TO exclude, with or without reason. tlght or
wrong. The exercise of such n rover Wltnou.
q constitutional warrant would, slmpIy Us
brute force. a tyrannnus exercise OF power UNI
renewable by any tribunal"
.QuntinR the provisions OF tho Constitutlon
TINT each house shall be- the nudge ol me eIec-
hers" and prescribing qualifications OF
Representatives, the report continues;
rs 1t seriously contendch that this House
can OF its own motion. by It's " independent
action. create ior The purposes Of THIS case a
legal disqualification This House alone can
not make or unmake the law OF the, Iani B".
lore any one ~ It's hrts rNn Uf'Of'lN Nv IL h.'N
be concurred in by The Senate and approved by
the President. or passed by twO-thlrls o. ea.n
House over his veto. II IL quite clear mar the
House. 10y It's independent action, canno,; u "
would, mako for this case any dlsquhIlyin
regulation that would have the force 81 law
Taking up the contention that Roberts was
incl gible under the Edmunds ANTI folygamy
net, the minority assert that the exlstehce o!
the Disqualification for holding Office as SET
forth In that act IL predicated not upon = con
victlon OF. or AS punishment ior; the oIeheos
OF polygamy or unlawful cohabitation, hut
simply "a an incident to the existence OF those
con iitions. On this point the report lays that
II In a very grave, question az 10 whetheI : on.
gress can, by a Jaw duly enacted su1 70 VIZ
tuition. There was no decision OF the United
States Supreme Court directly or indirecty
constituting this provision There wns no de-
Along list OF decisions regarding the 1uailn;
cations OF members Of different bodies IL cited
as benring on the lack Of power IN adding "a
llst are various decisions o.. the House Itself.
and the debates In the Federal Convention
on tho articles prescribing qualifications OF
members are also aG n1 ,hs e ssGw , tna' W yns
that the qualifications so defined aud fxed
were unaIterable by Congress, Numerous
authorities on elections and lamentary
law are lIkewIs Sc cited against the right, even
by law. 10 add to the qualifications mentioned
In The Constitution.
The minority report lays down a second
proposition tnul, even VI tuS Tiknk W Wv q liz
qua ifcation by law were assumed. the dis.
qualification imposed by the EdmundS act
would not apply to a Ner 2, Jongreft sr ana iha
r rnSro e ,hs di1 no. sneso s MT, n aoes not ,G in the
language % the art. hold any office or place OF
public trust. honor or emolument under me
United States" The report contends that the
ton between members Of Congress ana those
who hold office under the Government aud
that this has been affirmed by an unbroken
line OF decisions.
II the Hrst and second propositions are not
conclusive ulon the question Of eligibility, 10
seems to the minority that no eligibility car, ba
preiicated on the fdmundS. act. Tor mat
act ceased to no operative IN ttah Nnen thhI
state was admitted TO thu Union and does not
now therefore Apply TO Mr.. Roberts, As 10 The
contention that he should be excluded on the
ground that hy virtue Of the act admitting
Utah as a state n contract existed between
Utah and the United states which has. heen
violated by his election to Congress, and that
the state IN this manner b. punished for breach
OF com pact, tho minority SAYS;
This theory is apparently evolved FOR the
purpose OF THIS case. is entiraly without pre-
ceLent. and hae no. even the conjecture or
dream of any writer to stand upon
In conclusion the cport says:
The tvn-thirds Limitation upon the right 10
eSpel not onIy demonstrates the wisdom OF
the fathers. but illustrates the broad dlstinc-
ton between exclusion and expulsion. A
small partisan majority might render the
desire arbitrarily to- exclud" by a majority
VDtt, IN Oflrr nlOrp ShcllTtN 10 lntT"u'U llSSIl
In power, irre-ist bile. Hence It's exercise ia
controlled by legal rules. In case otexpu. sion.
when the requisite twO-thirds can lie had. the
motive for tine exercise OF arbitrary power no
longer exists. as atwo-thirds partisan majority
Is sufficient for every purpose; Hence expul.
sion has been safely eft In the discretion OF
the House, AMI the safety OF the members does
not need the protection o. legal rules.
IT seems to us settled upon reason and au-
thority that the power OF the House 10 expel Ia
unlimited and that the legal propositions in
VOWED may he thus iairly summarized: The
power Of exclusion is a matter Of law to be ex-
errised by a majority vote in accordance with
legal principles, and only exists where n mem
ber-elect lacks some Of the qualifications. re-
quiroi by the Constitution The power Of eX-
Iulslon is made 10y the Constitution purely a
matter Of discretion, 10 be exercised by a two
tn rls vote, fairy, intelligentiy ,conscientiously,
and i%%%taerIty Of the House and the rights Of
the Individual member For the abuse OF this
discretion we are responsible only TO our con
relieve that Mr. Roberts has the Iegal c%onstitu-
tional right TO b. sworn IN as a menher hut
the facts are such that We further believe tho
House, in the exercise o rs discretion. Ia not
only justified. but eGulrci by every prop +
consideration involved, To expel him promptly
after he becomes a member.
The minority recommends the following as
a substitute Tor the resolution proposed by the
committee:
"'R,.a'rc5, That brigham II. Roberts, having been
Gu'y elected n r. pres-ntsttys IN the Fifty sTtn Con.
gress FROM Tie stat o. Ctah, with the Qualifications
roam site for admission to the House. as such, IL en-
ttl,d ~ q cDnstitut.onsl right % take the GA, h o.
oficc prescribed for mcmbers-e elect. his status a.
a p~olyGsm'St. unlavfnllv c0habi,ing with plural
wives. %aforiing c%onstltut nal ground fr eXpul'
sion. but not for exclusion, from the House
And IL tho House shall hold with us and
swear in Mr.. ROBBERS as q member" thew Add.
'wo shall. as soon as recognition can he had.
offer n resolution to eIpel hun A. a polygamist.
unlawfully cohabiting with plural wives"
COUNTESS SPEAKS 10 CONFLICTS.