The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1900-01-24
DEFIANT
Continued from First Page,

case in support Of his contention Firs
he went back to the case Of John Wilkes
the famous English champion of fre
speech, who was three times excludes
and twice expelled from the house o
commons, the second time for an act 70
an act for which he had been sent u
prison FIVE years before. He quoted from
Junius' Letters the denunciation Of "th'
damna5le doctrine that a single house o
parliament could alter, suspend or abro
gate the law of the land
He went back to the constitutional de-
bates TO prove that congress could not
add to the qualifications of members
! negatively stated in the constitution.
After depicting the conditions that sur
rounde the framing of this provision of
| the constitution, and quoting the words
/ of Madison, Hamilton and Jefferson, he
! asked triumphantly who there was who
! could shatter the crucible of history
which surrounded it or the declaration
Of the men who framed il. Who would
! undertake to impeach the integrity of the
men who were present at the dawn of
our history? Some Of the precedents Cit
ed by Mr.. Tayler were ridiculed by Mr.
Littlefeld. He also challenged Mr. Tay-
ler's authorities. Mr.. Littlefield said that
the majority were driven back to support
their contention for additional qualifica-
lions. upon the general welfare" clause
of the constitution He won the first
burst Of applause while ridiculing the
attempt of the majority to dispose of
Justice Story's opinion by stating that he
had not sought to give his own ideas.
but only the ideas of others They
would, said Mr.. LittleieId, make him the
Boswell of the constitution daughter
Mr. Littlefeld said the minority stood
with Burke, the statesman of the Eigh-
tenth century; with Jefferson, Madison,
Hamilton, GouxerneUr Morris and the
men who framed the constitution; with
the courts of Maryland, Montana and
Virginia. with the opinions of Storey,
Cooley. Cushing, John Randolph Tucker
and Webster.
He then challenged Mr. Tayler's state
ment that no precedents existed against
exclusion, citing the case of Benjamin
Stark in the senate in 1862, who was
charged with disloyalty, yet who was
seated by the senate without prejudice
to subsequent action against him. The
majority, he pointed out, had cited this
case but had not Informed the house of
this facc. II believe" said Mr.. Little
field. concluding his comment on this par
ticular case. that Mr.. Roberts has a
full constitutional right to a seat in this
house"
The applause which swept over the
floor in response to this statement ex-
tended to the galleries. many Of the la
dies there present participating.
The Whittemore case. which occurred
Immediately after the war. Mr.. LfttlefeId
said was a poor precedent. The passions
of the war had not cooled and he believ-
Cd the action Of the house in excluding
him at that time. on the ground Of sell
ing cadetships was unwarranted and i'll
advised.
Mr.. Littlefeld attacked the proposition |
of the majority that Mr.. Roberts had
violated the compact between Utah and /
the United States. He asked where the |
authority for the statement that there !
was an understanding between a state |
and the United States came from. Elo- /
quently he declared thar the idea of a /
between the states had been the |
father Of secession blotted out by the |
lives of a 1aillion of men.
Mr.. Littleield's defense Of the proposi-
ton Of the minority that the house had /
a right to expel Mr.. Roberts concluded /
his argument. He aroused a great deal
Of enthusiasm when he recalled the diff
cult position in which ex-Speaker Reed
had been placed in the last congress
when General Wheeler returned from the
Spanish war covered with Iaurels to re-
sumo his seat in the house. and the diff
cult task Of Speaker Henderson. then
chairman Of the committee on judiciary.
who was obliged to report against Cen
7ral Wheeler No mere patriotic senti-
nent permitted them to override the
plain dictates of their duty
Proceedin. he pointed out the unques
toned right Of either the house TO expel
4 member for any cause deemed suffi-
eient. This power was unquestioned.
and before it was exercised Mr. Roberts
should he sworn in I've state upon our
,onsciences and oaths." said he that
ne should have the fun benefit Of the
fundamental law of the land" Great
3pplause)
Mr.. Littlefeld closed rather abruptly
Mr.. Tayler then renewed his request for
N agreement for vote at 4:30 on
Thursday. Mr.. Crumpacker Ond.) OBJ
ected.
Upon the request Of Mr. TayIer Mr..
Roberts was then given one and half
lours in which to present his side Of the
.ase. He spoke at first very low but his
dice soon rose and he was at ease ap-
,arently
Tor a few moments" said Mr.. Rob
rts. Il want to pay attention 10 the ma
ure Of this crime not with view Of
howing that the American people have
ot the right 10 establish monoganay as
system OF marriage that shall prevail.
nd not for the purpose of defending po- ,
-gamy. either: FOR in the early debate
hat took place with reference to this
sse on the floor of the house then de-
Jared that I was not here to represent
olygamy nor to defend it, We have I
-ng ago passedthat stage and the thing
ont Of the realm Of discussion I do
OF wish my remarks construed as a de- 4 I
ause of polyEamv. But do want 70 call I
-tention to the nature Of this crime. in !
rder that we may ascertain whether e
50 awful in its aspect as 10 warrant a
lore lawless act that polygamy itself. in
rider 10 rebuke Il man who has been ]
Continued on Third vage