Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-17
..vNoNcAsE

a. " cann0n Nas Ne was the
y territory o ~ and was h .3o,se
,r,sisre o. y me member Of this ido his
l,siiudona ', ~ ms control, ana s ,nls
3. vas supleIs.. a5ly could have nAeu ,
H'ls, as 90 hls a ga The office.
~ o. y, VIZ SSSal With him as ~ i sn@ Of
Il could e'', vith him In all sor, ,,,o ps
Nd Il deah s,rts Of Arguments w. .o,
siys ana ~. practically the history a!o y,
"a Thal = - II Is in no sense
- cannon o.,ior IN case Of q mem,
.,stieni ior q. We submit that az
II Of ly .ispts appear to have d pa" n re-
bee n considered. unusual a. s,'' the S
,iylss1, ~ ~ controlling weight dne
l,dted 70 ~ sns,oins the minority,
;nk cas- orly presidents. What y
Tas are lnI I,,obie about precedent
~ .Soud lead this H i.,,. ,nilow IL?
eb ne law 70 slaylsh,l! , lS''T
DO D .n ssssrstand that the conuip,uoouo.s
10 nGl VIZ IA rong III or unlawis' , s,e,
n tuon ~ Nv inscription, ripened INTO
rghiiNl az, r verv well-and ] have
IAN 10 remember H. ,3s ren,ern.
s .,oo 4 with great PRIDE t ~ ,ron
~ vpgn veil when the man OF ron
~ ts.l ,,s chair in this House ana ~
foot 10 .n' ,be order Of the Republican
isponss ,,ssbHsned a ruling, overlurhlns
Hggsa e'1su'. N n century He took |
~ rfefeuv"s' p.,.r.eantatlyes. an OBJ !
lis NV nv body and made II an lns n,1,
'v..", "a register the people N W.,
rihl W. Mo- Vas not made In violation
fhil ru ,an n was not made on the
y ne .aTnblie Motley. or because ex-
AS 2. i,oorlred the Constitution 70
fedehg} .,S NOR under the general
a,,sS mower but II was maze III Az
ss .i,,,s With the law Of the lanu' +,
''''s sa.l.ion In &C New Hampshire, ID
:. a s'i s@clared It. and since the rul,
~ .lu snoreme Court Of the United
= ", ~ sustained It. Unless prece-
,lu' ~. r based on sound legal reason
s .,.' oosht mo-, to influence or cohuo'
4, action Of this House
.,-,prpspTP IN CONGRESS NOT
Ai''tlV OFFICE UNDER THE
" United STATES
=. ,,brt with great confidence that
A.. eao be no question that ms ac'
~ i's Aces not now, and never dia. ap,
=, ' h tbe gentleman from Utah, why
lint. ' We submit must be con-
lls a. Connection with the conditions |
~ ~ .lr,pmstances under which 1t was
rsred. ..a,,,o,s under
IN n was enscted? When II was
, I. Utah was a Territory To what
/. he act apply?
.y,pdyramist. blgamlst, OF any per-
riabltIne with more than one wo-
800 In any Territory or other
n, over which the United States has
rBsys jurisdiction
vas then the Territory OF utah'
y hal act when II was passed, az
y. ibe eligibility OF any member OF
s.,rs,2 Did Il not affect the ellglbil-
IN delegate TO Congress from a
,.-iory and no one else? Did II ar
y ne eligibility Of a polygamlst or
,s,son unlawfully cohabltlng in
IN or In Maine, or New York? was
ie confined In its operations when
h, passed 10 Utah and other Terri
!. OF the United States2 No man Q
amt Of the Territory Of Utah. could
me a member Of Congress from
,gghere. and submit that when that
guas passed. the circumstances that
rrsnded II. demonstrate that IL did
u ird could not, apply to a member
RcMgress, and that It could only APP
Jba Territorial delegate.
P.t eighteen years have now passed
a. where Is the act Of the American
1russs that has changed the enact
r.,t 20 az to make Il apply TO a MEN,
" q Congress? II could not then APP
ID ba member OF Congress. How can
row? Unless a member OF the !
House holds an office under the Unit
\ States" within the meaning Of the
Enunds Act there Is no disqualified
iih
A. to the nature OF their offices,
'isher under the United States" or
Otherwise. members Of the House and
ssraie are evidently the same. The
rNis Office" and offices" occur in the
Constitution and amendments twenty
TREE times. and the words officer" and
Ulcers" fifteen times. and. with the
Usfiion Of perhaps two instances,
nese terms are never used, either d.
iNuY or Indirectly. as relating 10, or
4 connection with, a representative or
ssHalor
me possible exception referred TO Is
'ahd In Article I, section 3, and reads:
Judgment In cases Of impeachment
'll noi extend further than TO re-
rtYal from office. and disqualification
q hold and enjoy Office Of honor, trust,
o 'Toat under the United States"
The term "ofice" in the first clause.
y TO removal from office" clearly
rs MOI relate 20 a member Of either
rouse az i Will be seen that the pro-
Sons as 20 Impeachment do not apply
p mem, Il would seem that a civil off,
n guilty u conduct that would Justify
npeaehment ought not to be eligible
I, sea, In Congress, though unless
% cause office Of honor. trust, or
.'ol' under the United States" be held
y lnelude Q member, he could not he
..9ualliied thereby. Stlll, II a member
lot NE subject Of Impeachment. there
perhaps as much reason In exempt
. am from the disQuallhcations Of
Enactment
a. ias other possible exception is in Ar
NF l. section 9. paragraph S.
a.. no Ute Of nobility shall be granted
,,,s we United states; and no person
l = n any office OF profit or trust un-
=. mem shall without the consent OF
.nsIess accept ~ any present, emol-
Tsr ~ t,' vu',e, OF tltle OF any kind what
~, non any king, prince, or foreign
!, o~nalns alone, We might understand
an !, paragraph as broad enough and
-, !, "ehslYe enough 10 include men,
~. congress; but taken with the
M a, PROVISIONS OF the Constitution
n n , hey are numerous-vhereIn the
s5s, .o.s'S 90 not embrace or apply TO
IS ,r'o ', or representatives in Congress.
N ss support can this paragraph posi-
1,bo.,,.u 70 those who invoke II as an
,ts y Tor adding anything what
,,. W lne prescribed qualifications az
= preventative. ''' VI
'is: ~ Ar'ioie Il section 8, pro-
n nv % 20 person holding any Office un-
N ~ United states shall be a MEM
inuaposs ' y house during his con-
h r,, y : clear that ANY Office under
asnbsr. 'eu s'aies' can not include a
.qUlysls.. as otherwise II would be
n AZ ei,t 70 a provision that no mem
Z etbsr ' h house shall be a member
b oBsa house during his Continuance
lrle'' An absurdlty. A CLAUSE IN