The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-01-12
THE ROBERTS CASE.
A Brief by Hon.. John G. Carlisie-Mr.
Robert Begins His Argument.


washington, January 5.-The Roberts
investigating committee continued its
session today, with a large crowd OF
interested spectators present Among
these was Miss Roberts. the deaughter
of the Utah member-elect, who sat near
him and followed attentvsIy the argu-
ment presented by her father. Chair
man TayIer stated at the outSst that
ne had received from ex-Secr~{a-y
John G.. Carlisle a letter giving has
views on tine case. Mr.. Carlisle Sa-d
he was suffering from a cold and was
unable TO make an oral argument at
THIS time. As 10 the case he said:
The resolution under which the COM
mittee IS proceeding directs il 10 ascer-
tain and report, not only upon Roberts
prima facie right. but upon his final
right. He seems TO have objected 10
the evidence unless II shows that he
was guilty OF unlawful c~ohabtation
since the Atm Of March last, when he
claims to have become a membeT or
the house. l think h testimony shows
prima facie THAI he has been 80 cohab-
iting; but this is not material. in my
opinion, even though the committee a
Ao u ~ ~ NE AANO AEAa
PRIOR to March 1. 1899. because he is
undoubtedly a polygamist n has
been a po.ygamist ever since he mar
RED his first plural wife. within the
meaning of that term as defined by the
supreme court of the United States in
the Ramsey ase He is at this veTy
a polygamist, not having at
any time abandoned or renowned the
relation assumed by the plural marri-
ages, and cohabFation with the alleged
wives is not at all necessary. The
question, therefore, IS whether h COM
mittee WIFI decide on the question #
final right that an undoubted poiygam-
list who justifies the doctrine a d p ac-
tees of polygamy shall be allowed TO
hold a seat in the house"
Mr.. Roberts Their began his argument.
He spoke quietly. and deliberately,
with some evidence of hoarseness. He
took up a typewriter statement re-
viewing in detail the proceedings OF his
case up to date. 1t said regarding his
case:
1T is a case in which there IS no
contest and where it appears SO far as
the proceedings before the committee
are concerned, the representative-elect
possesses all the qualifications prescrib-
ed by the constitution of the United
States and where there is no statute,
S far as made TO appear before his
committee, either in the state of Utah
or the United States, applicable TO the
case, which disQualifies the repreSen-
tative-elect from Utah for the office
of congressman in the lower house or
the American congress"
Mr.. Roberts dwelt with special en-
phasis on the right of a constituency
to determine upon the moral capacity
of a member. 1T is left to those con-
to determine" he said. what
shall be the moral status of the nan
they wish to send to congress as their
representative and not to the houses OF
congress"
In support of this he read with en-
phatic and approving comment a con-
.gressional report signed by b. F. But
Ter. Daniel w. VOORHEES, and others, in
the course of which it is said that the
house of representatives shall be COM
posed of members chosen by the people
Of the states and not by the represen-
tatives of other states according to
the notion of the necessities of self
preservation and Self-pur1flcatTon,
which might suggest themselves 10 the
reason or caprice of members from 9TH
or publication
Mr.. Roberts analysed h evidence.
questioning it's directness and conclu-
s~iveness. 1T has not ever been estab-
lished," he said, that B. H. Roberts
was ever married to Margaret c. Ship
Roberts. 1t had been shown that he
was seen near the house and once in
the house. But there was no testimo-
ny of marriage, nothing as to their
maintaining martial relations. As to
any direct marital relations with Celia
Dibble Roberts, he said. there was no
testimony. In the main the evil
dence was as to general repute, he con-
tended. which was short of that conclu-
sive proof required. He challenged the
charge that he had contracted poly
marriages.