The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1900-01-21
REPORT OF MINORITY
IN FAVOR OF ROBERTS

The minority report says: The IN
designed members of the special COM
mittee appointed TO investigate and re-
port on the prima facie final right Of
Brigham II. Roberts to a seat in the
house as the representative from Utah,
being unable to agree with the eonclu-
sions Of the committee as to the con-
stitutiOnal questions iAs-3Eed, very re-
specially submit our Jews.
Assuming that Mr.. Roberts has
been and is now a pOlygamist. unlaW-
fully cOhabiting with plural wives. and
the house Of representative is for that
reason Of the opinion that he ought not
TO be a member thereof, what course
should it Tightfully pursue under the
constitution, the supreme law Of the
land-eZclude him or expeI him2 If he
is to be excluded it must be because
he is for such reason legally ineligible
or disqualified. The purpose is to con-
slider the question Of constitutional
right, not of power as 1t is conceded
that the house has the power to ex-
clude, with or without reason, right or
wrong.
Would Be Tyranny.
The exercise of such q. power with
out constitutional warrant would sim
of power Unbelievable by any JTibun-
After citing the constitutional pro-
vision as TO the qualifications of a rep
resentative in congress, the report pro-
ceeds:
Us it seriously contended that this
house can of its own motion, by its own
Independent action, create for the pur-
poses of this case a legal disqualified
= r.
or unElake the law of the land. It IS
quite clear that the house by its indie
pendent action, cannot, if it would,
make for this case. any disqualifying
regulation that would have the force
of law"
The report then extensively reviews
the law and precedeuts bearing on the
case. The main heads are a. foil Jws:
'First-It is a grave question as to
whether congress can by a law duly
enacted add 10 the qualifications neg
atively stated in the constitution
There is no decision of the United
states supreme court, directly or in
directly, constructing this provision.
There Is no decision Of any state court
directly in point.
Scope Of Edmult5s Act.
'Sec0nd-If the right to add a dis
qualification by law is assumed, the
disqualification imposed by the Ed
munds act does not apply 10 a member
OF congress. and therefore does not af-
feet Mr. Roberts. The only portion of
thu section that can be said 10 have
any application 10 a member OF the
house Of representatives is that which
declares that no polygamOus' etc.
shall be entitled to hold any Office or
place Of public trust. honor or emOlu-
ment undef the
United States
Unless a member Of the hcsse holds
an Office under the United States
within the meaning Of the Constitution
and the law, there is no disqualified
tiOn"
Continuing the report says: This
house, by its independent action, can
moi make law for any purpose. The
adding By this house, acting alone Of
qualification not established by law
would not only be a violation Of the
constitution and the law, but Il would
establish a most dangerous precedent.
which could hardly fail u return 70
plague the inventor
You might feel that the grave moral
and social aspects Of this cause allowed
you to-
Wrest once the law to your author
ITO do a great right. do a little
wrong.
Dangerous Precedent.
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 pr0priety
when VIII create other qualifications
with no rIghtful foundation; that in the
neat and unreas0n of partisan contest
-slnee there viii be no definite stand
ara by which to determine the exist
ehee 81 qualifcations-wil add any
thlng that may be necessary To ac-'
eonpiish the desired resglt2 Exigency
VIII determine the sufieiency. II
fohld To longer be a government 81
avs out of men To thus depart from
sHe constitution and substitute force
tor law is 70 embark upon a traeklessl