New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-01-21
VIEWS OF THE MINORITY.
The minority report is in part as follows:

The undersigned members of the special commit
tee appointed to Investigate and report upon the
TO a seat in the House the Representative from
~ 0fta a. being unable to agree with the conclusions
involved very respectfully submit our views.
wives and the House of Representatives. is that
member thereof what course should it rightfully
the Ian. exclude him or eXpel him? If he is to be
secluded It must be because he is for such reason
10 CONSIDER the question OF cSnsttuti9nal right not
power to exclude with or without reason right or
wrong The exercise of such power without CON
tribunal.
After citing the constitutional provision as to the
qualifications of a Representative in Congress- the
report proceeds:
- Is it seriously commended that this House of
its own motion, by it's own independent action,
cation? This House alone cannot make or TnmaKe
the law OF the land 1t is quite clear that the
lation that would have the force of law
THE CONSTITUTIONAL QUESTIONS.
The report then exhaustively reviews the law and
presidents bearing on the case. The main heads
follows:
Ffrst-It is very grave question as to whether
Congress can. by a law duly enacted, add to the
There is decision Of the United States Supreme
vision; There is no decision Of any '' State court
directly in point.
assumed the dsGnal ala imposed by 6s
aSd aff geeS not apply to member Of Con
The only portion of the section that be said to
which fst declares res that no
or place Of public trust honor or e N
I Homae me h united States Unless member Of the
WITHIN the meaning Of the Constitution and the
This House, by its independent action, cannot
! HIKE Make law Ior any purpose The adding by this
would not only be 1oa 03' of T both
a most dangerous precedent which could hardly fail
to return to plague the inventor. You might feel
| case allowed you to
To do great right, do a little wrong
But what warrant have you. when the barriers
Of the Constitution are once broken down. that
standards Of morality and Propriety which viii
tions; that in the heat and unreason of partisan
contest-since there will be definite standard
by which TO determine the existence of qualihca-
tions-wi add anything that may be necessary
10 accomplish me desired result Exgency viii
government of laws. but of men TO thus depart
| law, is TO embark upon a trackless sea- without
chart or compass, with almost certainty OF dire
POWER TO EXPEL ASSERTED.
The report concludes as follows:
A small partisan majority might render the de-
order 10 more securely intrench itself in power IT.
rules In case of expulsion when the re s
two-thirds be had. the motive for the exercise
of arbitrary power longer exists as a two
thirds partisan majority is sufficient for every pur
pose Hence expulsion has been safely left In the
discretion of the House. and the safety of the
members does not need the protection of legal
rules
II seems TO us settled upon reason and authority
that the power OF the House to expe is unlimited
and that the legal propositions involved may be
thus fairly summarized:
The power Of exclusion is o matter of law. 10 be
a accordance
legal principles. and exists only where a member
elect lacks of the qualifications required by
the Constitution The power Of EXCLUSION Is made
by the Constitution purely matter OF discretion
10 be exercised by o two-thirds vote fairly intel
ligently. conscentioasiy With due regard to pro-
and the rights of the individual member For the
abuse OF this discretion we responsible only TO
our constituents, our consciences and our Gbd.
We believe that Mr.. Roberts has the legal con-
stitutional right to be sworn In a member, but
the facts are such that further believe the
House. in the exercise OF its discretion is not
only Justified, but required by every proper con-