Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-01-05
A PERTINENT POINT.

The New York Sun raises a point IN
the controversy, on the right Of Utah's
Congressman to his seat in the House,
which is worthy Of general attention.
IL IS Of national Importance, and the
views Of the sun as % the question
whether a member of Congress is an
officer OF the United States, we believe
to be sound and impregnable
There is one feature OF the argument
however, which the Sun has apparently
not yet perceived 1t Is this, and 1t
should be understood by all who are
interested in the contest The pro-
visions OF the Edmunds act Of 1882, Gre
ating disabilities Of polygamists, etc,
expired as to Utah when she entered
the Union, as ex-senator Edmunds has
recently explained.
But there is still further evidence Of
their abrogation which is absolutely
conclusive.
The Enabling Act for the admission OF
Utah, removed those disabilities design
eddy, in terms, so as TO permit all male
citizens Of the United States. twenty
one years Of gge and upwards, who had
resided in the then Territory one year.
without regard to their former status,
to take part in the formation Of the
state, voting for and acting as dele
gates to the Constitutional convention,
etc All previous acts or parts OF acts
Of Congress in conflict with this were
specifically repealed.
Full power to prescribe the qualihca-
tlons Of voters and office holders was
vested I'm the State convention, and that
body gave the franchise to all citizens,
male and female, Of the proper age and
residence. The State was admitted in
to the Union BY proclamation OF the
President with that provision. There
fore, the disabilities created by former
acts Of Congress are dead as 10 Utah
and were buried by the Enabling Act.
The article in the Sun Is right to the
point, however, on another vital and
pertinent question, and therefore we re-
produce 1t as follows:
Those who are attempting 90 exclude
Brigham II. Roberts from the seat in
the House OF Representatives TO which
he was elected by the people Of the
State Of Utah, rely upon the act Of
Congress commonly known as the Ed
munds law as the justification and
warrant for their course.
The eighth section OF that statute
provides that no polygamlst. bigamist
or any person cohabiting with more
than one woman in any Territory or
other place over which the United
States have exclusive jurisdiction shall
be eligible for election or appoint
ment. or be entitled 10 hold any office
or place Of public trust honor or emol-
ument In, under or for any such Terri
tory or place, or under the United
States"
Assuming that Congress can by leg
islation add to the qualifications which
the Constitution requires a member OF
the House OF Representatives 10 pos
sess, the argument against Mr.. Roberts
is that he pleaded guilty OF the offense
Of unlawful cOhaOltation under the Ed
munds law. IN 1889 for which he suf-
fered an Imprisonment OF four months;
that the subsequent amnesty procla-
nations OF President Harrison and
President Cleveland did not operate to
effect his pardon: and that conse-
quently be Is disqualified from sitting
as a representative In Congress by that
clause Of the Edmunds law which pro-
hibits q bigamist polygamist or per-
son cohabiting with more than one
woman from holding any Office under
the United States
The validity Of this conclusion de-
ponds upon the question whether the
Office OF a representative In Congress
is an Office under the United States.
The weight OF legal authority Is
strongly In favor OF the proposition
that IL Is not.
a senator In Congress Is not an off,
Ger Of the United States. The Senate
81 decided q hundred years ago, In the
celebrated Blount case.
The House OF Representatives In 1891
presented articles Of Impeachment
against William Blount, senator
him with conspirlng to set on foot a
hostile military expedition against che
territories OF the King of Spain. in
Florida and Louisiana, and with other
high crimes and misdemeanors. Mr..
Blount was brought 20 trial before the
Senate, sitting as a high court OF i'm
parchment In December 1898; and on
January II, 1899. the Impeachment was
dismissed on the ground that a SEN
ator was not q civil officer OF the
United States within the meaning u
that provision OF the Federal Constitu.
ton which declares that the President.
Vice President and "all civil officers OF
the United States may be removed
from Office on impeachment for and
conviction Of treason, bribery and 9th.
or high crimes and misdemeanors."
The like principle" says Mr.. Justice
Story In his classic treatise on the Con.
stitutlon, must apply to the members
Of the House Of Representatives.
II o representative IN Congress IL not
an officer OF the United States. so as
20 be liable 10 impeachment. il is still
clearer that he is not an officer UN.
DER the United States within the
meaning Of the Edmunds law. The
very language Of the Constitution Itsel.
shows this, Tor the sixth section of
Article | expressly provides that no
person holding any Office UNDER the
United States shall be a member OF
either house OF Congress during his
continuance IN office. II does not saw
no person holding any OTHER Office