New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-02-18
ANTT-POLYGAl{Y AMENDMENT
PLAN FOR SETTLING THE CONSTITU-
TIONAI4 ISSUES RAISED IN THE
ROBERTS CASE.
lay rELEGRApH TO THE rR1BUNE.l

Washington. Feb 1.-THE constitutional ques-
tions raised by the action of the House of Repre-
sentatives in excluding Brigham H Roberts from
a seat In that body. on the ground that as
fessed polygamIst he was not qualified to take the
oath of office again pushed 10 the front in
Joint resolution proposing certain amendments TO
the Constitution reported by the House Committee
on the Election Of President Vice-President and
Representatives IN Congress. Though the special
committee which recently examined Mr.. Roberts's
qualifications decided that the House had power to
exclude any polygamOus Representative sent to
Washington bv the State of Utah. and the House
Endorsed this judgment. 1t Is the opinion of the
House committee that an amendment expressly
disbarring polygamists from service In either
branch OF Congress would best settle any scruples
felt about the apparently arbitrary addition by
either house itse'f the standards of eligibility
fixed by the Constitution. The full text of the
joint resolution Is as follows:
That the following amendments be proposed to
the Legislatures Of the several States, which, when
ratified by threefOurths of said Legislatures shall
become and be part OF the Constitution, namely:
In lieu OF the second paragraph of Section of
of America, the following shall be proposed
9ad t a nens and a na az be
Constitution when ratified by the Legislatures OF
three-fourths of the States:
No person shall be a Representative who shall
not have attained the age Of twenty Ave years and
who shall not when elected. be an inhabitant OF
that State in which he shall be chosen. or who Is
In lieu OF the third paragraph of Section 3 of
OF America. the following shall be proposed
amendment TO the Constitution which shall be
valid to all intents and purposes a part Of the
Constitution when ratified by the Legislatures of
three-fourths of the States;
No person shall be a Senator who shall not have
attained the age OF thirty years and been nine
years citizen OF the United States. and who shall
not when elected. be an inhabitant of that State
for which he shall be chosen. who Is polyga-
mist
Sec q That II Is deemed necessary by the two
houses OF Congress to propose amendment to
the Constitution which shall he valid TO all intentS
and purposes part OF the Constitution when
-fourths OF the several States the amendment
hereby proposed to be numbered and to read as FOL
lows, to wit:
Article XVI Section l. The marriage relation. by
contract or in fact. between one person of either
and more than one person of the other shall
be deemed pOlygamy Neither polygamy any
poygamouS association or Cohabitation between the
shall exist or be lawful In place within
the Jurisdiction OF the United States or OF any
State.
Sec 2 The United States shall not nor shall any
State. make enforce any law which shall allow
pOlygamy or any polygamous association OF cohab-
itaton between the sexes hut the United States
and every State shall prohibit the by law
within their respective Jurisdictions.
Sec. 3. The judicial power Of the United States
polygamy and OF polygamous association or
hahitation between the sexes under this article,
and Congress shall have power to declare by law
the punishment therefor.
Sec. 4 Nothing In the Constitution or In this
article shall be construed 20 deny to any State the
article. to make and enforce all laws concerning
marriage and divorce within Its Jurisdiction. 10
vest In the United States any power respecting the
same within any State.