The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1900-01-24
THE ROBERTS CASE.
Views Of Both Sides fn the Matter of
the Utah BixamiSt.

Views Of Both Sides fn the Matter a.
the Utah Bigamist.
Washington. Jan. 2o.-The reports Of tht
aneciaI committee OF investigation in the
ceSa Of Brigham H. Roberts, OF Utah, were
presented 10 the house to-day. Ihe maturity
reporl. signed by Chairman Tay FLOR aud SIX o
his associates Is a voluminous document and
is accom- panied by a summary of the law and
facts 1t gives the details or the hearings
the ample opportunities afforded TO Mr. Rob
erts TO present his case ms re19sai s 10 uesely
fore published II proceeds:
"The com mittee IL unanimous In It's belief
that Mr. Roberts ought not TO remain mem
her of the house OF represen tatives. major
ity are of the opinion that he ought not to be
permitted TO become a member; that the
house has the right TO exclude MIN 4 min
ority are of the opi MON that Inc proper
course of procedure Ia TO permit MIN 10 DE
sworn In and then expel him by a tWo-thirds
vote under the constitutional provision pro.
viding for expulsion:
utmost positiveness at this point that not
only is the proposition OF expulsion as ap-
piled to this case against precedent out tnat
authority and legislative precedent. and not
antagonistlc 10 any legislative action which
the house of representatives has ever taken.
"For convenience We present herewith, De-
fore proceeding TO extended argument In sup
port Of the committees resolution, the follow
Ing summary:
tUDOQ upon 1QCt6 SLaueQ Iue VI lie
committee assert that the claimant ought not
TO be permitted to take seat In the house OF
represent tatives 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.
are asserted against Roberts
~. By reason of his violation OF the Ed
munds law.
violation Of the la W OF the Nnd, OF the decis.
ions of the supreme court, and OF the procla-
nations of the presidents, holding himself
above the law and not amenable TO IT.
mo government could possibly exist In the
face OF such practices He is in open war
against the laws and institutions OF the conn.
try whose congress he seeks TO enier. Suoh
an Idea Is n,oleraoe IL Is ,b upon IaanS g,
exclusion have been based. ~ jssssItE 3
..S. His election as representativ ID ap ex-
plicit and offensive violation of the 6Hnder-
standing by which Utah was admxted gsA as
'.aisi Alter further arguments on these s nss the
committee continues g, 9SsSt
"The interesting proposition iss M that
out. Upon the theory thatfbeRHf is to
permanently part com pany with Spberts
this is q dubious proceeding Such &1qpn re-
ouires the vote OF two-t b irds OfsthH nzf5 bers
We ask II such vote is possible III 4i8ht in
view Of the following obseryati0144
"The expulsion clause OF the Hutton is
as follows: fs%%H
its proceedings, punish Its n61dbers for dis
orderly behaviors and. with the concurrence
Of two-thirds, expel a members
mo lawyer can read that proyision without
raising In his own mind the qrs1tion wheth.
er the house has any power tosexpel. except
ablest lawyers from the beginninss sof The ne,
public have so insisted" pgySSt%sfS Hisz4
The reDOrt COQCluu69 OW6 ~
"If there is any fscS~r xren { In fnts;casas3f
Is that the constituentsof Mr.. Rgbeft9a k&8E
all about him before his elections s
be room to doubt the proper Rcslpns
house? Is 1t prepared To yield dSupt
tary power OF exclusion? Wiliaats sd6ct1fa45t
SELF defenseless and ridiculous 2? lfiS, ~,
Nor are those who assert that expal alst0nssie
the remedy Necessarily barred fromfv1tfnR
for the resolution declaring tnaseab yacAnts
He must, indeed, be technical snd nnrtpRisin
his construction Of the constitntiQn Nno VIZ x
vacant is sustained by a two thirds t1a QE4ty
the constitution is subst&uttaH ScQlnAltsd
with. He may not agree With the I1rntttgS
reserve the right tomaEe the POI sSs soI DrdeS
shat the resolution ts not carried y izd1
do not vote for II. 49, sssl. s.Sie
mboriss e Ss 6 aGass sns ooisss sssss ss sSs
take. II will for the first Time Gus hiAt9t9
part with most -benefcient power Whtc6at
has often exercised power that tpI6(p
10 OG cA6TCldGut UutWulCuf bLHlt4kI44V ~ ~
or declared 1t did not possess 81
field (Rep) OF Name, and Dc sI3q 1 IS "a
(Dem.) of Missouri. g says il !.
is now a poiygatnist, ,;nnt aMfait n 6oaal Ds
with plural wives, and the SfIon1e OF Iepf4ken
tatives Is for that reason ot va lion that
course co % should it rlshifalls pnsss laer the
ee e9oiude bim or expef bims & as q M 70 be e.
cluded il must BE- hs Ds some
purpose is TO consider the qnekt5oBo of consti.
tutional right not Of power. az cOncedsd
that tss house has the power t0Gxc}nde. With
ess or eusb
warrant would simply be- ebrutsloIqeFsatY " .
annous exercise OF power, Hnte apls by
N~any tribunal" II 3 \ - III " ~
After Citing the constitntionaIs Iz0v vtsion, ,as
to the qualifications Of rertfseAt
congress- the report proceeds
This house, by itsindependsKtA1 Its 1t54a4t
not make law for any purpose 81
by this house, acting aiones OF aQu1y ylHs9t}QN
not established by Law would pol osiy sos, ~ 4
violation Of both the constftutton and ~
precedent, which could hardly fall 20 txetofn
to plague the inven tor. !"
The report concludes as follows: s ~
"A small partisan ma1ority lmigls sEafn2e
ty vote, In order to more securely entf61eu IL
self in power irresistible. Hence ttsexetcise
Is controlled by legal rules. ln case 1hexpul'
sion, when the requisite two;tht1ds can be
had, the motive for the exercise ot Hrhttrayy
power no longer exists as atwo-thffdsp pRrti'
san majority is sufficient for every purpose
Hence expulsion has been safely ieft 20 The
discretion OF the house and the safety OF the
members does not need the protection OF legal
rules. u Il 3 4 &, u. z
Der, but the facts are such that we further be-
lieve the honse, In the exercise Of Its, discre