Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-17


the same place where he resided IN 1895,
though Utah Is now a State. but then,
WAS Il Territory 10 which the law APP
Piled undoubtedly ls the cause OF some
Confusion Of thought. II Is clear that
his legal rights are precisely the same
as though, since 1896 he had been resid-
Inc In Maine and had been elected to
Congress from that state. Il would not
be contendcd that this act could have
ony application to him IN such case, 20
affect his present status, as 1t never
operated there No more has It IN
Utah since January 1896
To be sure. IL Is suggested that he
may be eligible while IN Utah by rea-
son OF the fact that this statute does
not operate upon him there; but that
the moment he gets into the District OF
Columbia. this being under the cxclu-
slye jurisdiction Of the United states,
he is Ineligible. which involves the fur
Their interesting proposition that the
moment he returns 10 the State OF
Utah he is also eligible again. Now you
see It. now you don't. QLaughter) such
suggestion Is not worthy Of serious
attention.
II seems to me beyond question that
this act does not now apply TO Mr. Rob-
erts. Then there is no law having any
application h. this case by which the
attempt Is made to add anything TO the
constitutional qualifications. ms
House. By It's independent action, can
not make law for any purpose The
adding by this House, acting alone. OF
a Qualification not established by law
would not only be a violation Of both
Constitution and the law. but Il would
establish a most dangerous precedent.
which could hardly fail 20 return 10
plague the inventor" You might feel
that the grave moral and social aspects
Of this case allowed you to-
'wrest once the law to your authority
To do great right do little wrong,
But what warrant have you, when the
barriers Of the Constitution are once
broken down. that there may not come
after us a House with other standards
OF morality and propriety which VIII
create other qualifications with no
rightful foundations, that, in the heat
and unreason OF partisan cOntest-since
there will be no definite standard by
which 10 determine the existence OF
qualihcations-will add anything that
may be necessary 10 accomplish the de-
sired result? EFFICIENCY VIII determine
the sufiiciency. 1t would no longer be
government OF laws but Of men. TO
thus depart from the Constitution and
substitute force for law is TO embark
upon a trackless sea without chart or
compass, with almost a certainty OF
direfu shlpwreck.
THE UNDERSTANDING.
The ingenuity Of the majority Is not
yet exhausted. They say:
His election as a representative is an
explicit and offensive violation OF the
understanding by which Utah was ad-
mltted as State
would like to inquire Of the majority
where they ind the authority FOR the
proposition that the United states
government can go into the question OF
an understanding that existed before
a state was admitted into this Union,
and then, having found II, exercise this
domlcillary. supervisory. disciplinary
power over the State Where does II
EXIST What is II indicated by Is IT
eral? They 30 not undertake 10 sug-
gest It Is IN the Enabling Act, although
they refer to It.
But Is II an oral understanding that
exists between the states by reason OF
this general welfare" power? / as
sumo that they invoke IL under this
general welfare" proposition. Think
OF IL! An understanding which Is
based on what2 A compact or a con-
tract? | had supposed It was too late
al this stage OF the history Of the Re-
public. in these times Of peace, 10 In
woke the proposition Of a contract, eN-
listing between the States and the gen.
eral government.
/ knew that the theory OF contract
was the parent OF the infamous heresy
OF secession, and I have believed that
II was wiped out in blood from 1861 20
1865. More than 100000 Of the best
trtiest. most heroic. and bravest men
that ever met on the field OF battle
the blue and the gray. bretheren all
rendered up their lives that that In
famous proposition should be blotted
out, and hlotted out forever. Let the
dead past bury It's dead. / submit that
under these circumstances II III be-
comes this House to undertake, in the
interest. II you please, OF civilization,
TO invoke anew the proposition OF a
contract existing between q State and
the United States.
In what kind 0f a condition does II
leave the State OF Utah II this under
standing exists? Let me give an IL
Illustration OF the application OF this
understanding. ] suppose that the
general welfare" OF the people OF this
great Republic Is as fundamental as
any other proposition involved In this
understanding. ! imagine and I can
assume. that every State that came In
TO the Union agreed TO help to promote
the general welfare" Without such an
understanding, no State would have
been admitted. On the basis OF this
understanding" any state that Is
guilty OF conduct that does not promote
the general welfare" or whose people
are, violates the understanding" un-
der which II came into the Union. and
therefore can be disciplined by the
United states Especially must they not
imperil the general welfare"
/ would like TO inquire, under this
understanding II that theory Is en-
tlrely true, II this view Of the general
welfare" Is TO be followed, what would
happen, for instance. 10 New Jersey.
which is now the breeding ground OF
trusts and octopuses. Gaughter) They
are organizing corporations from sl0-
900, 900 anywhere up to sl25 900 900, based
on air. and almighty thin air at that.
Q,aughter)
There are a great many people that
believe that the octopus, las a roaring
lion. walketh about seeking whom he
may devour," and | would like TO know
why, II this proposition Is true, II this
nebulous, diaphanous. quay, danger
Gus, insufficient. metaphysical. chimeri-
cal. hypercritical, impalpable. eyanes-
cent and nonsensical theory is TO be ap
piled to this dicusslon great laughter
and applause) ] would like to know how
Il Is TO be applied in the exercise OF
our practice under our general well
fare" clause. VIII II be necessary TO
suspend New Jersey from representa-
ton upon this floor IN order that she
may not hereafter thus interfere with
the general welfare" (Renewed
laughter and applause)
IL not. why not? Is Il necessary 10
say more about that proposition
(Laughter) ! shall now make this sug-
gestion. have discussed this sub
ject up 20 this time upon the basis OF
the propositions laid down by my
friends on the majority OF the commit