Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-01-20
.REPORTSON ROBERTS
Presented to the House of Repre-
sentatlVeS.
WILL Be TAKEN UP NEXT TUESDAY
Majority Of the Committee Favor
Exclusion.
MINORITY FOR EXPULSION

The committee reports on the case of B.
H. Roberts of Utah were presented to the
House of Representatives today. The ma
jority report was signed by Judge Tayler,
Mr.. Lands of Indiana, Mr.. Morrison of
Minnesota, Judge Freer of West Virginia.
Judge Lanham of Texas, Judge Miers of
Indiana and Mr.. Mcpherson of Iowa.
The minority report was signed by Mr.
De ArmCnd of Missouri and Mr.. LittIepage
of Maine.
The majority report denied Roberts the
right to be sworn in, and favored "eXclu-
sion" The minority report recommended
that Roberts be sworn in and then ex-
PEELED.
The committee was unanimous in the
opinion to the facts, but differed as to
the method of disposing of the case.
Course of Procedure.
Three days will be given for debate be-
ginning Tuesday, Monday being District
day" The discussion will be participated in
by the members of the committee, fol-
lows:
Judge Tayler and Mr.. Mcpherson to dis
cuss the entire subject-all points raised-in
a general way.
Mr.. Lands will take up the compact
between Utah and the United States, when
the territory was admitted. Mr.. Nor
pciygamist Messrs. De Almond and Little
pagc-signers of the minority report-will
60 over the whole ground-as Tayler Judge
Lanham will discuss the constitutional ques-
tons, taking the ground that the will
probably never have parallel; that it
should be settled now upon it's merits; that
while the Constitution prescribes quaIfica-
tions for membership, there is no reason
why the House (or either body of Con-
gress) may rot reject an Objectionable ap
phcant for seat; that the House may de-
cline TO swear in a murderer or other
known violator of law: or leper should
either present himself to be sworn in.
Mr. Roberts will be given two hours for
his presentation, and Judge Freer Of West
Virginia will follow him in defense of the
ma jority report.
not Congress may add to the constitutional
qualifications for membership, the provision
(constitutionaD being that mo person shall
be eligible who is not twenty-five years of
age, ETC."
The Majority Report.
The majority report is a voluminous doc
ument, and is ACCOMPANIED by a summary
of the law and facts. 1t gives the details
of the hearings, the ample opportunities
afforded to Mr.. Roberts to present his case,
his refusal to testify and the unanimous
finding of facts, heretofore published. 1t
proceeds:
The committee is unanimous in its be-
lief that Mr. Roberts ought not to remain
a member of the House of Representatives.
A majority are of the opinion that he
ought not to be permitted to become a
member; that the House has the right to
exclude him. A minority are of the opinion
that the proper course of procedure is to
permit him to be sworn in and then eXpel
him by two-thirds vote under the consti-
tutional provision providing for expulsion.
Your committee desire to assert with
the utmost positiveness at this point that
not only is the proposition of expulsion as
applied to this case against precedent, but
that exclusion is entirely in accord with
principle, authority and legislative prece-
dent, and not antagonistic to any legis-
lative action which the House of Represen-
tativeS has ever taken.
For convenience present herewith,
before proceeding to extended argument in
support of the committees resolution, the
following summary:
Upon the facts stated. the majority of
the committee assert that the claimant
ought not to be permitted to take a seat
in the House of Representatives. and that
the seat to which he was elected ought to
be declared vacant.
The minority, on the other hand assert
that he ought TO be sworn in, in order that
II happily tWo-thirds vote therefor he may
be expelled.
Grounds of Disqualification.
Three distinct grounds of disqualified
tion are asserted against Roberts.
Il. BY reason of his violation of the Ed
munds law.
80. BY reason of his notorious and de-
flant violation of the law of the land of
the decisions of the Supreme Court and of
the proclamations of the Presidents hold
ing himself above the law and not amena-
BILE to it
NO government could possibly exist in
the face of such practices. He is in open
war against the laws and institutions Of
the country, whose Congress he seeks to
enter. Such an idea is intolerable. 1t is
upon the principle asserted in this ground
that all cases of exclusion have been based.
%. His election as representative Is an
explicit and offensive violation of the un-
derstanding by which Utah was admitted
as a state.
THE objection is made to the refusal to
admit Roberts that the Constitution eX-
ciUdes the idea that any objection can be
made to his coming in If he is twenty-five
years of age. has been seven years a citi-
zen OF the United States and was an in
habitant of Utah when elected, no matter
how odious or reasonable or criminal NAV
have been his life and practices.
TO this We reply:
Constitutional PrOvisiOns Discussed,
Il. That the language of the constitu-
ticnal provision, the history of its framing
in the constitutional convention and its
context clearly show that it cannot be
construed to prevent disqualification for
crime.
''2. That the overwhelming authority of
text book writers on the Constitution is
to the effect that such disqualification may
be imposed by the House and no commen-
tator on the Constitution specifically de-
MES IL.
80 The courts of several of the states
in constituting analogous provisions, have
with practical uEanimity declared against
such narrow construction of such constitu-
tional provisions.
Il. The House of Representatives has
never denied that it had the right TO ex-
ciude a member-elect, even when he had
the three constitutional requirements.
''5. In many instances it has distinctly
asserted its right so to do in cases of dis
loyalty and crime.
70. 1t passed in 1862 the test-oath act,
which imposed a real and substantial dis
qualification for membership in Congress.
disqualifying hundreds of thousands of
American citizens. This law remained in
f..r-