Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-03-14

! the same ground taken on the question
by this paper We are pleased TO give
II space In our columns, The subject
IL Of national as well as local import
ance, and We commend Il to the atten-
ton OF our thoughtful readers. It Is
as follows.
THE election Of Hon. Reed smoot,
an Apostle Of the Mormon Church. 10
the United states Senate from the stat.
Of Utoh has caused the newspapers and
the law Journals 10 enter into discus
sion as TO what the United states SEN
ate could. would, OF should do when
he presents himself to take the oath
OF Office and become a member Of that
body
Not a few lawyers are disconnected
with the action Of the Senate IN the
CLARK case and Of the House OF Repre-
sentauYes In the Roberts case. Il Is
Of small moment whether or not Mr.
Clark was qualified TO sit as q United
states senator or that Mr.. Roberts
should De ousted from his seat In the
House Of Representatives II the pro-
ceeding Of unseating them We're not a
ceedingly Vicious
Legislative bodies almost since the
beginning Of history have been more
jealous OF their prerogatlves than mon
archs or courts, and it would be futile
TO deny that one OF the prerogatlyes OF
The great legislative bodies such as the
Roman Senate, the French House of
Deputies, and the English Parliament
has been 70 be the judges Of the right
Of member claiming admission to oc-
cupy HIS seat II is not difficult TO per.
ceye how the United States Congress
has been following this precedent, and
especially when the Constitution OF the
United States says, Each House shall
be the Judge Of the elections, returns,
and qualifications OF its own members
(COnst. u. S., Art. 1, sec D, this clause
and legislative precedent having been
the authority for the expulsion of sew
eral claimants to seats.
III this were all that the Constitu-
tlon said IN this regard, no one could
galnsay the right OF the respective
houses OF Congress to continue TO act
IN an arbitrary way on questions OF
seating or unseating any one who pre-
sents himself as having been elected by
any OF the several States
"The Constitution, however further
provides: No person shall be sena-
tor who shall not have attained TO the
age Of thirty years and been nine years
citizen Of The United States. and VINO
shall not, when elected, be an inhablt-
ant OF that State for which he shall be
chosen (COnst. IT, s.. Art l. sec. 80
"By eeyry known rule Of construc-
lion II would seem that this clause linz
tied the Senate In judging Of the quail
hcations and election OF its members.
To take any other view Of the case
would inevitably lead one TO the con-
clusiOn that the United States Senate
can superadd qualifications for its
members TO those already specified IN
the Constitution. When the COnstitu-
ton SAYS that each House shall be the
Judge Of the election and qualifications
OF its own members, by what Is II to
Judge? u can only be by the C0nsti-
tuition of the United States the instru-
ment 10 which Il owes It's existence and
by which its powers and duties are de-
fined The power TO add to implies the
power TO take from prescribed tests OF
qualification, and the power TO take
from implies the power 10 abolish al
together II the Senate had the n GIT
under the Constitution 10 inquire into
aught else than the facts that the sena-
tor presenting credentials is over mir
ty wears Of age" and that he has been
for mine years citizen Of the United
States" and that he is an 'inhabltant
Of that state" from which he has been
chosen and that he has been chosen
by the legislature Of the State from
which ne comes, il has the power to
prescribe any other qualification, u may
deem III 90 allow a claimant
TO SIT who has not these quail
ncations. The very enumeration
Of these qualifications excludes the
idea that any others are intended. That
Is plain rule Of ordinary constructions
II comes within the familiar principle
that the enumeration OF certain requl-
sites or qualifications or Of certain dis
abilities 10 election is the negation Of
ali Others, and is equivalent to a POSI-
five prohibition Of authority to impose
any other test. In fact Judge Story In
his commentaries on the constitution
reaches this conclusion He says 1T
would seem but fair reasoning that
when the constitution establishes GER
rain qualifications It meant to exclude
an others" StOry's Commentaries, sec
ton 625,
"The Senate Itself has not been uni
form In the principle upon when II mas
acted IN the matter OF these contested
seats
"yVhen that eminent jurist. Lyman
Trumbull, was elected TO the senate
from Illinois. Lewis Cass United States
senator from Michigan presented the
objection Of certain citizens OF Illinois
10 the seating Of Mr.. Trumbull on the
grounds that the constitution OF the
state Of Illinois provided that no judge
OF the supreme court would be eligible
to an Office under the United states
during the term for which he was elect
ed nor for one year thereafter Mr
Trumbull had resigned from the su-
preme court Of Illinois a short while
previous TO his election 10 the senate
and came within the Illinois constltu-
tlonal provision. The Senate oreTruled
Mr. Casss objection on the grounds
that the state OF Illinois had no right 10
add 10 the qualifications Of a United
States senator others than those laid
down In the Constitution Of the United
States
1T thc sovereign state. electing sem
ator 10 represent IL IN the United States
Senate, cannot prescribe that its rep
resentatve shall have such qualltica-
tons as il deems Ill., how much less
then, has the Senate Itself the right TO
make them?
"A similar decision was reached by
the House of Representatives in the
case OF Mr. Marshall, who came from
Illinois
III can readily be seen from the Trum-
bull ease aud the Marshall case. and
the theory upon which they must neces-
sarlly have been decided that the Sem
ate has acted inconsistency in inQuir-
ing whether Mr. Clark Of Montana had
been guilty of bribery In obtaining his
election and that the House Of Repre-
sentatiyes was equally inconsistent IN
considering the question whether or not
Mr. Roberts of Utah had been guilty OF
polygamy II may Doe urged with some
force under a strict Interpretation OF
the Constitution that Congress II with
out power 90 purge itself OF unClcan
members. 10 those ot this mind We cite
the case OF John Randolph OF Virginia.
sttr, Ushaft af.afaN 3. 4 f.u araea ..f.If.I