The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-20
REPORT OF MINORITY
IN The ROBERTS CASE
Utah Congressman Possesses Qualifications TO En-
title Him to the Oath Of Office.
His Exclusion Would Be Violation Of the Law and ESab
lishment Of Dangerous Precedent

Mr.. Littlefeld. 4 do not think that
the disqualification imposed by the
EGmUnds act have had any operation
TO him since the organization of the
state Of Utah. is is settled by an un-
broken line of decisions that all terri
torial congressional legislation is super
seeded by the adoption of a state con-
stitution and the organization of a
state"
Mr.. Littlefeld argues further that
the Edmunds law applying to any ter
ritOry does not affect Mr.. Roberts as a
pOlygami5t or person cohabiting so far
as his eligibility TO the Office of rep
reSentative under the constitution is
concerned.
The disqualification he says. must
exist at the time of his becoming q
member. but since January. 1886. he has
resided in the state of Utah. and the
statute has not since then. and does
not now operate upon him. 1t cannot.
therefore, now disqualify him. He is not
/ pOlygamist or person cohabiting. but
he is such in the state of Utah. and the
statute only applies to such a person
in any territory
Edmunds Act Does Not Apply.
at seems to me beyond question"
adds Mr.. Littlefield that this Ed
munds act does not apply to Mr.. Rob
erts- There is no law, then, which has
any application to this case that seems
to add anything to the constitutional
qualifications. This house, by its in
dependent action, cannot make law
for any purpose. The adding by this
house, acting alone, OF a qualification
not established by law. would not only
be violation of the law, but il would
establish a most dangerous precedent
which would hardly fail to return to
crrrer p -..
that the grave moral and social as
poets of this case allowed you TO wrest
once the law to your authority. To do
q great right to do a little wrong.
But what warrant have you. when
the barriers of the law are once broken
down, that there may not come after
US house with other standards OF
morality and prOpriety which viii Gre
ate other qualifications with no rightful
foundations; that in the heat and rea-
son of partisan contest, since there viii
De no definite standard by which to
determine the existence Of a Qualifica-
ton, viii add anything that may be
necessary to accomplish the desired re-
suit. It would no longer be a govern
ment Of laws. but of men. To thus
depart from the law IS to embark upon
a trackless sea without chart or com
pass. with almost the certainty of dire
full shipWreck'
The Age Qualification.
Considerable attention is paid to the
age qualification for members of the
house and to the undOubted right of the
house to exclude any members-eleCt
who should not have been citizen .ef
the United States for the constitution
al period before his election The DOW
ers Of states to ~sUbVert the cOnstitu-
ton if they could fix qualifications Of
members at less than % years of age.
or to send unnatuTalized citizens TO
congress, is also discussed, and several
authorities cited thereon. 1t is fur
Their pointed out that neither the house
nor congress can change any Of these
qualifications so far as they are pre-
scribed or mentioned in the constitu-
ton of the United States.