The Kimball graphic. (Kimball, Brule County, Dakota [S.D.]) 1883-1905, 1900-01-27
ROBERTS COMMITTEE REPORTS.
Majority Favors Outright Expu sion
OF POtyxnmous Member.

EHnlEaML LrH E~s
Washington, Jan. 23.-The reports
Of the committee Of investigation in
the case of Roberts, of Utah, were pre-
sented to the house today. The ma
jority report, signed by Chairman Tay-
Ter and six of his associates, is a volu-
minous document, accompanied by II
summary of the law and the facts. 1t
gives details of the hearings, the anl-
pie opportunities afforded Roberts to
present his case, his refusal to testi-
~ and the unanimous finding by the
committee, heretofore published, that
Roberts is guilty of living in polygu-
my. 1t proceeds:
''The committee is unanimous in the
belief that Roberts ought not to re-
main a member of the mouse. The ma
jority is of the opinion he ought not
to be permitted to become ii member
and that the house has a right to X
clude him."
The report then proceeds to contro-
vert the position that one NAV be en-
rluded only for failing to meet the
qualifications specified in the consti-
tuition, and says that crime is a sufi-
Gent Us 1t cites the authority Of
text book writer's and decisions of
state courts. and says the house has
never denied its right in this direc-
ton. On the contrary, it has frequent
~ asserted it, and cites the test oath
act passed in 1862 disqualifying hun
dreds of thousands of citizens for
membership in congress. Arguing
against admission. TO be followed by
expulsion, the report holds that it is
doubtful whether it can be legally
done, as the expulsion clause of the
constitution seems TO contemplate
only 'disorderly behavior" The re-
port continues:
"The nblest lawyers from the begin
ming of the republic have so insisted
and their reasoning has been so CO.
gent, these proposition have been es-
tablished. namely:
81. Neither house of congress ever
expelled a member for acts unrelated
to him as a member or inconsistent
with his public trust and duty as such.
2. Both houses have many times re-
fused to expel where the guilt of Il
member was apparent, refusal to eXpel
being put upon the ground that the
house or senate, as the case might be,
had no right to expel for an act unre-
lated to a member as such, or because
|lOaNiS COilllllllltu llIOI IL lllS SlCS-
tom
The report concludes as follows:
Mindful of the gravity of the ques-
ton and realizing the responsibility
imposed upon us, we recommend the
adoption of the following resolutions:
"Resolved, That under the facts and
circumstances of this case, Brigham
II. Roberts. representative-elect from
the state OF Utah, ought not to have
or to hold a seat III the house of repre-
sentatives and that the seat to which
he wa elected is hereby declared va
cant"
' The report goes on to argue at
length in favor of exclusion, saying it
is in accord with authority and with
Legislative precedent, while expulsion
is against precedent. 1t declares there
are three grounds of disqualification
against Roberts:
/. Violation of the Edmunds law.
=. Defiant violation of law, decisions
Of the supreme court and proclama-
tions of the president.
3. His election was an explicit viola
ton of the understanding when Utah
was admitted as n state.
The minority report is signed by
Littlcfield, republican, of Maine, and
De Almond, democrat, of Missouri. 1t
is devoted to an argument i'll favor of
seating Roberts and then expelling
him on the ground that he was legally
elected and that his polygamous prac-
tees are not Il constitutional bar.