Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-12-02

Representative Brigham Roberts In the
present Congress Is a precedent. This
cannot be, for the testimony showed
that Roberts was living IN polygamy
at The time Of his election and at the
time be presented himself at the bar
OF the house 10 take the oath of his
office. II is the opinion of every one
conVersant with the facts In his case,
and with knowledge OF the constitu-
ton, that he was deprived Of his con-
stitutional rights by being denied his
seat He should have been sworn In
and then expelled. But he was put
on trial by a committee OF the house
which had refused 10 credit his Gre
dentlas and admit him az member
There IL no doubt that he could have
received his constitutional rights, have
been seated and then expelled, even In
the absence Of a judicial conviction OF
the crime Of polygamy. The constitu-
ton says that each house of Congress
'shall be the Judge OF the election" of
its own members The house could
have done no less than Judge and admit
the election OF Roberts. But the con-
stitution continues, in the same sem
! tence, land qualification OF it's own
her by admission the house, Judging his
qualification, could and doubtless would
have found him unqualified. But Il
passed upon the qualifications Of a man
whose election 1t had not passed upon
at ALL
II Is 10 be hoped that like exhibit
ton will not be made by the senate in
the case Of Smoot. II elected he &c
~ LODI L. IL. 1a.t t.fa4
| then II the senate wish to investigate
his qualifications II may proceed TO do
| so. in strict compliance with the con-
| stitution. There has been much dis
cussion of the expulsion from the sem
ate OF Jesse D. Bright of Indiana
| during the civil war. He had been adj
mitted to his seat, but was judged un-
! qualified to occupy II because he had
written n letter 10 jefferson Davis, the
| leader Of a rebellion against the gov
eminent.
The leaders Of the Mormon Church
have never been charged with lack OF
sagacity, and they would not be so
unwise as TO send a man AZ present In
the practice of polygamy to the senate.
II he be clear of that offense TO expel
him because he is a Mormon Is an abb
| nOrfent propositions lie mas just US
much right there as the able gentleman
who will be his colleague, and who Is
Catholic. This government is not
theocracy. II Is not a Christian gov
eminent Professors of Judaism have
the same rights. and all the rights, as
the professors Of Christianity. A Budd-
hist, Shintoist or Mohammedan has a
right to sit In either branch of Con-
gress, provided his life and conduct
conform TO our laws. To Insist that
this Is q Christian government raises
at once the issue, Which sect Is Chris
tian? As q Christian institution the
government cannot proceed until that
issue Is decided, and when II IL the sect
that Is held to embody Christianity VIII
have the right to exclude all others
from participation in the government.
There is much confusion OF mind
caused by confounding religion and
theology, and those who organize to
prevent Mormon becoming a member
OF Congress only because he is Nor
mon, are playing with fire and are fight
ing Mormonism with weapons which
simply increase It's strength.