The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-01-05
ROBERTS CASE HEARING
MR.. SCHROEDER's OPENING SPEECH
AGAINST THE MORMON.
Reasons why the Polygamist Should
Be Barred-Senator Rayvlins An
swers Questions.

WASHINGTON, Jan. 4.-The Roberts in
vestigating committee resumed its sessions
to-day for the purpose Of hearing argu-
ments and bringing the inquiry to an early
conclusion. 1t was expected that ex-Secre-
tary John G. Carlisle would be present to
sum up the case against Roberts and that
Mr.. Roberts I'm person would make the ar
gument in his own behalf. Word came
from Mr.. Carlisle. however. that he had
not understood that his personal presence
was desired, but he was ready to submit
written arguments on any of the questions
involved.
Chairman Tayler said the statement OF
an absent witness in Utah had been re-
ceived. but as Mr.. Roberts declined to ad-
nit it in an informal manner the matter
would have to be taken up later.
Mr.. Roberts said he wished to present
matter tending to show the untrustworthi-
ness of the witnesses appearing against
him. 1t included a published card signed
by Thomas j. Brandon disclaiming having
given out certain information relative TO
Roberts; also, court records in which Roy
Brandon was a party. Mr.. Roberts also
offered a telegram from the proprietor OF
the Salt Lake Herald concerning the tes-
timony of Mr.. McDaniels. Mr.. Tayler. ex-
cluded the telegram. however, saying there
was no color of right or propriety in re-
ceving a telegram as testimony. in view
of Mr.. Roberts's refusal TO admit the state
ment of the absentAUta witness.
Mr.. Schroeder. head of the gentle dele
cation here TO oppose Roberts, then opened
the argument against Roberts. The argu-
ment was largely technical and was di-
vided under three general heads. namely:
First, whether or not the member-elect has
the general constitutional qualifications.
including citizenship; second. whether or
not the constitutional provisions as to citi-
zenship includes one who has impaired his
citizenship by crime or unlawful status.
and whether Mr.. Roberts has so impaired
his citizenship; third. whether a member
elect has the statutory qualifications and
whether the House has the power to estab-
fish qualifications beyond those in the Con-
stitution. Mr.. Schroeder read from many
law books concerning the propositions.
1.-THE evidence clearly shows" proceeded
Mr.. Schroeder, that since 1850 Mr.. Roberts
has been in the status of polygamist, and
the question is as to the effect of this sta
tory there was no doubt as TO Roberts's
Acknowledgement under the Edmdnds and
Tucker act. When Utah was admitted to
statehood Mr.. Schroeder contended that
Mr.. Roberts's citizenship was still impaired.
The status of polygamy was such that
Roberts could not relieve himself from il
without some affirmative act.
AS to Che right of the House to exclude,
maniac should put himself at the bar OF
the House and ask admission on proper
credentials, could not the House in self
protection deny him admission? Suppose a
man afflicted with leprosy presented him
self, would not the house have power TO
keep him out?" Mr.. Schroeder said Rob
erts had admitted his relationship with his
plural wives He said publicly he would
BE id If he would give up his wives.
This was an offense against the public
morals as well against the law and Mr..
Roberts should be excluded from a seat
The afternoon hearing was enlivened
when Senator Rawlins. of Utah. was drawn
into a discussion of polygamy. Mr.. Schroe-
der had continued his argument when Mr.
Rawlins interrupted to correct detail as TO
when certain statements given before "A
congressional committee relative TO poly
gamy. Chairman Tayler thereupon asked
Mr.. Rawlins. who was once delegate
from Utah, IL IL was not understood at the
time the State was admitted that polygamy
was at an end.
lit is my understanding" saio Mr.. Raw
Inns, that the solemnization of poygamous
marriages was interdicted by the churches
and this would have a salutary effect in
terminating the practice But / did not
hold out to Congress that family relations
already established would be broken up.
Mr.. Tayler asked II Ii was expected that
the law against polygamy would be vio-
lated.
Mr. Rawlins answered that it was
thought there might be sporadic cases. but
as general system polygamous relations
would gradually terminate.
"Dou you think" continued Mr.. Tayler.
that Utah would have been admitted IL
il had been understood that I'm few years
Utah would send TO Congress man main
tanning polygamous relationsy
Mr.. Rawlins said he did not think Con-
gress believed the practice or poiygamy
would be continued. The course OF events
in recent years had clearly shown that the
practice would end in time.
"Did you not believe and state at the
time" asked Mr.. Tayler. that the polyg-
amous system was dead and buried?"
Mr.. Rawlins did not recall such state
ments. Mr. Tayler read from the speeches
of Mr.. Rawlins of those days to the ef-
feet that while polygamy had once ex-
listed. the world was progressing and that
the discussion was becoming ancient his
tory
Mr. Roberts here asked to put a question
to Senator Rawlins and asked: II will ask
the senator If he thinks Congress under
stood at the time Utah was admitted that
the President Of the United States would
appoint to federal Offices in the State OF
Utah men practicing polygamyy'
There was some question as TO whether
Mr. Rawlins should answer the question.
He finally proceeded, saying that for years
polygamy had prevailed in Utah. Under IL
many people had established strong con-
jugal relations and ties. But the procla-
nation of the Mormon Church, forbidding
further polygamous marriages, had given
general satisfaction and IL was commonly
accepted that the practice would come TO
an end.
NJ cohroodar concluded bie aro,,nenf
which related mainly to the historical as
pect of polygamy and the law in the case.
Mrs. j. Ellen Foster addressed the COM
mittee in behalf of the great number OF
women interested I'm the case and who
were not represented before the committee.
She spoke vigorously. dealing with the
Roberts case and the general moral in
terests il involved. This concluded the
DAYS proceedings ard the committee ad-
journed until 1880 tomorrow.