Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1900-01-22

is for such reason legally Ineligible and
disqualified. The purpose is TO consider
the question of constitutional right, not
of power. as it is conceded that the
House has the power to exclude, with
or without reason. right or wrong. The
exercise of such power. without con-
stitutional warrant. would simply be
brute force. tyrannous exercise of
power, Unbelievable by any tribunal"
After citing the constitutional pro-
visions as to the qualifications of a rep
rescntative IN Congress. the report pro-
ccedS:
1T is seriously contcnded that this
House can by its own motion. by its
own independent action. create for the
purpose of this case a legal disqualiii-
cation. This House alone cannot make
or unmake the law of the land. 1t is
quite clear that the House, by its indie
pendent action. cannot. if il would.
make for this case any disqualify ing
regulations that would have the force
of law"
The report concludes as follows:
We believe that Mr.. Roberts has the
legal constitutional right to he sworn in
as a member, but the facts are such that
we further believe the House, in the cX-
ercise Of its discretion, is not only JUST
fed but required by every proper con-
sideration involved. t. eXpcl him prompt
IL after ne becomes Il member.
1--WE recommend the following as sub
stitute for the resolution proposed by the
committee
Resolved. that Brigham II. Roberts,
having been duly elected a representative
in the 56tn Congress from the state Of
Utah. with the qualifications requisite for
admission to the House as such, is en-
titled. as a constitutional right, to take
the oath of office prescribed for MEM
bers-elect. his status as polygamist,
unlawfuly cohabiting with plural wives.
affording constitutional grounds for eX-
pulsion. but not for exclusion from the
House.
And if the House shall hold with us
and swear in Mr.. Roberts as a member,
We shall, as soon as recognition can be
had, offer resolution to eXpel him as
a polygamist. unlawfully cohabiting with
plural wives
\ resolution was passed authorizing the
secretary of war to admit AlmedO AtfOrO
Of Ecuador to the West Point military
academy.
A bill was passed to grant to the Chi
cago. Rock Island X Pacific Railroad z
right of way through the Fort Sill and
Fort Reno military reservation, Okla
hOma.
ing Of the Mare Island and League Island
dry docks of stone ana concrete. instead
of timber was passed without division.
The Joint resolution Of the appointment
Of former Secretary of State Richard Oh
ney to the vacancy on the board of re-
gents of the Smithsonian Institution.
caused by the death Of William Preston
johnson of Louisiana, was adopted.
\ resolution was adopted calling for in
formation in the possession Of the war
department relative to the power canal
around St Marys rapids. Lake Superior.
White y. c.. (colored. presented l
petition signed by 2i13 persons for ma
tional legislation against lynching ana
mob violence and asked that it he read
al the clerks desk. Richardson, Tenn.
objected. saying that there was no rea-
son why this petition should not take the
usual course.
Cummings. y. Y. introduced a bill for
the purchase of ~ torpedo boats Of the
Holland type Of which five are 70 be A~-
signed for the protection of New York
City.
Loud. CAL for a codilication Hf the
postal laws; by Lamb. Va. fixing The
number Of army chaplltns at one for
each regiment.
The committee On library favorably rc-
ported the bill apprupriating $1,000 for a
statue to Commodore Perry. the hero of
Lake Eric. tp be erected AT Put-in-H lay
Ohio.
At o'clock the House SUSPENDED bust
ness ana listened t. tributes T. IN" ~, me-
DRY Of the lTte Representative DAnlotd AZ.
Ohio.
Thc following members delivered 'uI'-
gios: Gill %. Tali.r. o.: I'r"Wn g.,
Grosvenur. NJ: N6rtrn, N: I.rntz. ,p.
Mccall. Mas; Kerr. -. aud Gordon, g.
At 2lo T. NJ. as 8 further mark If re
spcct, the House adjourned.