Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1900-01-25

| constitutional question involved, very rG-
| spectfully submit cur Tlews-
assuming that IL RcoersS has ben
and is now polyS@nlis,. uII.-.w-l.-.y &C.
| habitinss with plural wLvSs, s,-II tf4~ mouse
| ". Fe.,t SsentatlNeS Is LOT III. FeaSSt- q
| the opinion that he ought not to Le Il
member thereof, What course s--ol14u Al
| rightfUily pursue under the constitute o.,
the supreme law o. ,le lanI-eNc-Cce il-I2I
| or expet him? If hr Is 20 De e;Sc.dLeT 1t
must be because ne * TO- Si-Sh reason
legally ineligible disqualified. The pur
pose is to consider ths gucsI4on OF ,oI.s i
tutIonal right, net of power. II IS con-
coded that the house hG. the lover 10 ex-
clude, with or wllnoGI reason, Lit or
wron5;- The exercise OF suci. q bower,
without constitutional warrant would
tritunal.'
After citing the constitution al pro-
vision as to the qualifications of rep
resentaive in congress, the report pro-
ceeds:
rs it Seriously contcnded that the house
can. of its own m1Jion. by its own iaue-
pendant action, create for The purposes Of
TINS case legal disqualification? I29s
house alone can not make or uanlake the
law oI The land. 1t is quite clear mat the
house. by its Independent action. can not,
If it would. make Tor this case any as
force Jaw
The reporJ then exhaustiyeIy reviews
the law and presidents bearing On the
case. The maiI heads are as follows:
First-It is a grave question as to
whether congress can, by law duly
tiNeiE stated IN the constitution -Ihere is
no decision of the United States supreme
th:s provision. There ere is no decision ait Of
any state court directly in point
"Second-If the right to add a Gisquah-
tiol, possessed by the Edmunds act Goes
not AFFECT Mr.. Roberts. The only portion
OF the section that can be said to have
any application to a member of the house
of representatives is mat which declares
that no pOlygamist, etc, shall be en-
trust. honor, or emoiument
urder the United States.
ofi:co under the United States within
the meaning of the constitution and the
law. there is no disqualification"
Continuing, the report says:
This house, by it's independent action.
can not make law for any purpose. The
adding by this house, acting alone of
not only be VOCATION of ho.h constitu-
ton and law. but it would establish a
hardly fan to return to plague the in
vcntor-" You might feel that the grave
moral and -ocial aspects of this case al
"'Wrest once the law to your authority
To do a great right, do little wrong
'Bul what warrant have you, when the
barriers of the constitution are once
broken down that there may rot come
after us house with other standards OK
morality and prOpricty. which will create
other qualifications with TO rightfuI
foundations that in the heat ana m
reason OF partisan contest-since thee
will be no definite standard by which TO
determine the existence of qualifica tons
viii add anything that may be necessary
to accomplish the desired result? oxygen
cy will determine the sufficiency. 1t wou.d
of men. To thus depart from the constl-
futon. and substitute iOrce Tor law, is to
embark upon a trackless sea. without
chart or compass, with almost certain
y OF diretUl shipwreck
"A smitII parIlsan majority might rcE-
der the desire 70 arbitrarily eXcluCe 10y a
majority vote, IN or0er TO more securely
intrench itself in power, irresistible.
Hence its exercise is controlled b. !ega!
uisite two-thirds can be had, the mo-
tive for the eXerc- of arblt.a-y power
san majority is sufficient for every pur-
pose. Hence expulsion has been saicIy
left in the discretion OF the house, and ms
safety of the members does not need the
protection of legal rules.
1T seems to us settled upon reason and
authority that power Of tie house to ex-
pei il unlimited and that the legal prUpo-
sitions involved may be thus fairly sum-
married.:
tine power OF exclusion is a matter of
law, to be exercised by majority vote.
in accordance with legal principles an!
exists only where a member-eleIt .ack; !
some of the qualifications required by the !
constitution. The power of expulsion IS |
made by the constitution purely q matter |
of discretion, to be exercised by a iva |
thirds vote. fairly. intelligently, conscien- !
and the honor and integrity OF the house !
and the rights of the individual member.
For the abuse of this discretion we ara |
res onsible only to our constituents. our /
and our God.
I'VE believe that Mr.. Roberts has tn |
legal constitutional right to be sworn in |
as o member. but the facts are such that |
we further believe the house, in the eX-
ercise of its discretion, is not only jusIi-
fec; but required by every proper consid- |
Grafton involved, to eXpel him promptly |
after he becomes a member.
We recommend the following as a SUB.
stitute for the resolution prepared by the
Resolved, That Brigham H. Roberts
having been duly elected a representative
in the Fifty-sixth congress from the state
Of Utah, with the qualifications rcr2I. te
for admission to the house 81 FStY.. IS en-
titled. as constitutional right, to take
the oath of office prescribed for member
elect, his status as a polygamist, unlaw-
fully cohabiting with plural wives. al
for ding constitutional ground for eXpUi-
sion, but not for exclusion from the |
house
And If the house shall hold with US and /
swear in Mr. Roberts member, W.T..
shall, soon as recognition can be haG.
offer resolution to eXpel him as a polyg.
amist, unlawfully cohabiting with plural
wives
sc. f. LITTLEFIELD.
DAVID a. DE ARMOND."
NEEDED 1T IN HIS BUSINESS