The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1900-01-23
BEFORE THE HOUSE.
Special Committee 70 Investigate the
Roberts Case Makes a Report.
Majority says That He should BE
Expelled at Once-NIinority Fa-
Vors His Being sworn ia
and Then OnSfed.

Washington, Jan. 21.-The reports
o. the special committee oi invcsti-
cation in the case Of Brigham T. l:"O-
erts, Of Utah, were presented 10 the
house saturday. Ii said:
The committee is unanimous in lis
belief that Mr.. Roberts ough+ not 10
remain a member of the hous,. % rep
resentatives. a majority are OF fhc
opinion that he ought not 10 be por-
mitted TO become member; that { he
house has the right to exclude him. =
minority are of the opinion that the
proper course Of procedure = 10 per-
NIT him 10 be sworn in and thea eNDel
him by a twO-thirds vote unGer the
constitutional provision providlnS for
expulsion.
Your committee desires 10 assert
with the utmost Positiveness at this
point that not only is the proposition
Of expulsion as applied to this ease
without a precedent, but thal eXciu-
sion is entirely in accord with prin-
ciple, authority and legislative exact
ment which the house Of representa-
tives has ever taken.
For convenience we present hc:e-
with, before proceeding TO extended
argument in support Of the commit
tees resolution the following SUM
mary.
Upon the facts stated, the major
ity Of the committee assert that the
claimant ought not TO be permitted
10 take a seat in the house of repre-
Eentatives, and that the seat TO which
be was elected ought 10 be declared
vacant
'sThe minority, on the other hand,
assert that he ought to be sworn in
sn order that if happily twO-thirds
vote therefore he may be expelled.
Three distinct grounds Of disquah-
fcation are asserted against Roberts:
"First-By reason of his violation
of the Edmunds law.
'sSeeond-By- reason of his nOtOri-
Gus and defiant violation of the laws
of the land, Of the decisions of the
supreme court and Of the proclama-
tions Of the president, holding him
self above the law and not amenable
10 It.
No government could possibly ex-
list IN the face of such practices. He
Is in open war against the laws and
institutions Of the country, whose
congress he seeks to enter. Such an
idea is intolerable. II is upon the
principle asserted on this ground that
all cases Of exclusion have been based.
a'Three-His election as representa-
tive Is an explicit and offensive viola
ton Of the understanding by which
Utah was admitted as a state. '-'.-
The objection is made TO the re-
fusal 10 admit Roberts that the con
stitution excludes the idea that any
objection can be made TO his coming
in Il he Is p years of age. has been
seven years citizen of the United
States, and was an inhabitant of Utah
when elected. no matter how OdiOus
or reasonable or criminal may have
been his life and practices. To this
we reply:
~First-That the language of the
constitutional provision, the history
OF It's framing in the constitutional
convention, and its context clearly
SHOW that II can not be construed to
prevent disqualification for crime.
Second-That the overwhelming
authority OF text book writer's on the
constitution IS 10 the effect that such
disqualification may be imposed by
the hOuse. and no commentator on
the constitution specifically denies it.
The courts of several of the stafes,
in 7-eolstruing analogous provisions
have with practical unanimity, de
clared against such narrow construc-
lion Of such constitutional provisions.
&Fourfh-The house of representa-
fives has never denied that il had the
right 10 exclude member-elect even
when he had the three constitutional
provisions.
~Fifth-ln many instances 1t has
distinctly asserted its right so TO do
IN cases OF di1oyalty and crime.
--Sixth-It passed. in 1862. the test
oath act. which imposed real and
substantial Disqualification for mem
bership IN congress, disqualifyiHg
hundreds Of thousands of American
cftizens This law remained in force
for 20 years, and thousands of mem
bers of congress were compelled tC
take the oath if required. .T-I--- So
ceFenth-.Ihe house. IN lo69, adopt
ed a general rule Of order, providing
that no person should sworn in as
a member against whom the-obiectioR
was made that he was nOtzentitled to
take the test oath, and If upon in
vestigation such fact appeared, he was
10 be permanently debarred from en-
trance.
~Eighth-The interesting PROPOSE
ton is made that the claimant be
sworn in and then turned out. Upon
the theory that the purpose is ttO-pe7-
maRently part company with. Mr.. Rob
erts this is a dubious proceeding Such
action requires the vote of twO-thirds
Of the members"
Duke Of Tecz Dead.
London, Jan. 22.-His Highness
Francis paul Charles Louis Alexander