Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-20

cation may be imposed by the House.
and no commentator on the Constitu-
ton specifically denies il.
g. The courts OF several OF the
States In constituting analogous proyis-
ions have, with practical unanimity. de-
clared against such narrow construc-
ton Of such constitutional provisions.
a. The House Of Representatives
has never denied that IL had the right
to exclude a member elect even when
he had the three constitutional pro-
visions.
20. In many instances IL has dis.
tinctly asserted its right so to DO in
cases OF disloyalty and crime.
&c. II passed in 1862 the test oath
act which imposed a real and SUBJ
stantial disqualification for member
ship In Congress disquallfying hundreds
OF thousands OF American citizens.
IT remained In force for twenty
years and thousands Of members OF
Congress were compelled to take the
oath II required.
u. The House In 1869 adopted a gen.
eral rule OF order providing that no
person should be sworn In as a men,
Der against whom the objection was
made that he was not entitled TO take
the test oath, and II upon investigation
such fact appeared he was TO be per-
manently debarred from entrance
=. The interesting proposition Is
made that the claimant be sworn in
and then turned out Upon the theory
mat the purpose Is to permanently
part company with Roberts this is a
dubious proceeding Such action re-
quires the vote Of two-thirds OF the
members. We ask II such a vote Is
possible or right in view Of the follow.
Ing observations:
The expulsion clause Of the Con-
stitution Is as follows:
Each house may detsrmine the rules
Of It's proceedings, punish It's members
Tor disorderly behavior, and With the
concurrence OF two-thirds, expel a
member
No lawyer can read that provision
without raising In his own mind the
question whether the House has any
power 10 eXDsl except for some cause
relating 10 the contest The ablest law
yers from the beginning OF the Republic
have so insisted and their reasoning
has been so cogent that these proposi-
tons are established, namely
'l-Neither house OF Congress has
ever expelled a member for acts unre-
lating 10 him as a member or Incon-
slstent with his public duty as such.
both houses have many times re-
fused 70 eXpel where the guilt Of the
member was apparent. where the re.
fusal TO expel was put upon the ground
that the House or Senate as the case
might be, had no right to expel for an
act unrelated TO the member as such, or
because 1t was committed prlcr 10 his
election"
The report concludes as follows:
IL there Is any fact apparent In this
case. It is that the constituents OF Mr..
Roberts knew all about him before his
election. Can there he room 20 doubt
the proper action Of the House? Is Ii
prepared TO yield up this salutary power
Of exclusiong VIII 1t declare itself de-
fenseless and ridiculous?
Nor are those who assert that ex-
pulsion is the remedy necessarily
barred from voting for the resolution
declaring the seat vacant. He must,
indeed. be technical and narrow In his
construction Of the Constitution who
will not admit that II a vote TO declare
the seat vacant is sustained by two
thirds majority the Constitution Is
substantially complied with. He may
not agree with the committee that
mere majority can exclude, but he can
reserve the right TO make the point OF
order that the resolution Is not carried
II two-thirds do not vote for IL.
III the House takes the action which
the minority Of the committee Insists
II ought to take, Il Will for the first
time in It's history part with a most
beneiicent power which II has often ex-
ercised-a power that ought rarely TO
be exercised. but which the House has
never declared It did not possess.
Mindful OF the gravity Of the ques-
tion and realizing the responsibility
imposed upon US, We recommend the
adoption OF the following resolution:
Resolved. That under the facts and
OF this case. Brigham
II. Roberts. Representatlve-elect from
the state Of Utah. ought not 10 have
or hold seat In the House Of Repre-
sentatlves and that the seat to which
he was elected. Is hereby declared
vacant
"(Signed)
ROBERT W. TAYLER,
CHARLES h. LANDS,
PAGE MORRIS.
ROMEO II. FREER,
SMITH MCPHERSON,
SAMUEL WI. LANHAM."
ROBERT w. MIEhs."
MINORITY REPORT.
The minority report says:
THE undersigned members OF the
special committee appointed 20 lnyes-
81