The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1900-01-24

| Brigham Fl. Roberts to seat in the House
as the representative of Utah, being unable
to agree with the conclusions of the COM
| mittee as to the constitutional questions IN
| NOlyed, very respectfully submit our views
| Assuming that Mr.. Roberts has been and
is now Il polygamlst. unlawfully cohabiting
| with plural wives, and the House of Repre-
! sentatiyes decides for that reason that he
| ought not to be member thereof, what
course should it rightfully pursue under
! the constitution, the supreme law of the
! land-exclude him or expel him? If he is
ITO he excluded it must be because he is for
such reason legally ineligible or disqualified
The purpose is to consider the question of
constitutional right. not of power, as 1t is
conceded that the House has the power to
exclude with or without reason, right or
wrong. The exercise Of such power with
| out constitutional warrant would simply be
brute force. tyrannous exercise of power,
urreviewable by any tribunal.
| After citing the constitutional provis-
ions as to the qua ift atoms of a repre-
sentative in Congress, the report pro-
ceeds:
Is it seriously contended that this House
can of Its own motion, by its own indie
pendent action create for the purpose of
this case legal disqualification? This
hUuse alone ion can cannot make or unmake The
the House, by its Independent action, can
not, If it wolld, make for this cause any
dlsqualfying regulation that would have
the force of law.
The report then exhaustively reviews
the law and precedents bearing on the
case. The main heads are as follows:
First-it is a very grave question as to
whether congress can, by a law duly en-
| acted add to the qualifications negatively
stated in the constitution. There is no de-
cision of the United States Supreme court
directly or indirectly constituting this pro-
VISION. There is no decision OF any state
court directly in point.
Second-If the right to add disqualifica-
tion by law is assumed, the disqualification
| NV fhp dc n
| to member of Congress, and therefore
does not affect Mr. Roberts. The only por-
Jon of the section that can be said to have
any application to a member of the House
OF Representatives is that which declares
that no polygamist, etc, shall 'be entitled
S to hold any s 9ee or place Of pu6s
United States unless member of the
! House holds office under the United
states Wlthln the meaning OF the constitu-
ton and the law, there is no disqualified
| ton"
Continuing, the report says:
rms House, by its independent action.
cannot make ma, law for any purpose. The add
ncatlon not established by law would not
only be violation of both the constitution
ana the law but it would establish Il most
lall 10 return to plague the inventor
You might feel that the grave moral and
social aspects of this case allowed you to-
Wfest once the law to your authority
TO do great right do little wrong
But what warrant have you. when the bar
! Liefs OF the constitution are once broken
uoMn. that there may not come after us
House with other standards of morality
ana propriety, which will create other quail
ncailons with no rightful foundations that
IN the neat and unreasOn of bipartisan con
test-slnce there will be no definite stand
ara by which to determine the OK stence of
iuallhcatlons-will add anything that may
pe necessary to accomplish the desired re-
suit! EFFICIENCY will determine the suf
nclency 1t would not longer be govern
tnent OF laws, but of men. TO thus depart
from the constitution and substitute force
Tor law is to embark upon trackless sea,
without chart or compass, with almost
certainty of direful shipwreck.
The report concludes as follows:
small partisan majority might render
the desire to arbitrarily exclude, by q ma
lorlty vote, in order to more securely in
trench itself in power. Irresistible Hence
Its exercise is controlled by legal rules. III
case of expulsion, when the requisite two
tnlfus can be had, the motive for the eXer-
else OF arbitrary power no longer exists,
a. two.thirds partisan majority is sufficient
Tor every purpose Hence expulsion has
peen safely left in the discretion of the
House, and the safety of the members does
not need the protection of legal rules
1T seems to us settled upon reason and
authority that the power of the House TO
eXpel Is unlimited, and that the legal propo-
married.:
The power of exclusion is a matter of
Jaw, TO be exercised by a majority vote,
ISIS only where member-elect lacks some
of the qualifications required by the consti-
tuition. The power of expulsion is made by
the constitution purely a matter of discre-
ton, to be exercised by two-thirds vote,
fairly. intelligently, conscientiously, with a
que regard to propriety and the honor and
the individual member For the abuse of
this discretion are responsible only to
our constituents, our consciences and our
We believe that Mr. Roberts has the legal
constitutional right to be sworn in as a
member. but the facts are such that we
of its discretion, is not only justified but
required by every. proper consideration in
VOWED to e2pel him promptly after he be-
comes member.
We recommend the following as a substi-
mittee:
Resolved that Brigham a. Roberts. hav-
ing been duly elected representative in
the Flfty-siXth Congress from the state of
Utah, with the qualifications requisite for
Il mission to the House as such. is entitled.
as constitutional right, to take the oath
of office prescribed for members-elect his
status as a polygamist, unlawfully cohab-
ltlng with plural wives, affOrding constitu-
tlonal grounds for expulsion, but not for
exclusion from the House.
And il the House shall hold with US and
swear in MIR. Roberts as member we shall,
as soon as recognition can be had. offer a
resolution to eXpel him as a poygarnist,
unlawfully coha6iti n NTH it'll PlnE%l Yiyes
DAVID A. DE ARMOND. 4
Presented to the House.
When the House met today, Mr. Tayler
(Ohio), chairman of the special committee
to investigate the case of Representatives
elect B. FL. Roberts, presented the major
lty report in favor of the exclusion of Mr..
Roberts, and gave notice that he would
call the case up on Tuesday.
Mr.. Littleheld lMe.) presented the mi
nority report in favor of seating Mr.. Rob
erts and then expelling him. The minor
ity report was signed by Mr. Littlefield
tRep.) and Mr.. De Almond Dem) Five
thousand copies of the reports were Or
dered printed for general distribution.
Mr.. Roberts was in his seat during
these proceedings, but made no effort to
address the House
nnnIrnIm 1anN