The New York herald., 1920-01-16
CONTINUED from Page One.)

Judiciary Committee Of the Assembly to
investigate their qualification and eligi-
bility' TO sit as members and suspended
upon the subject.
-"UsuaI and Orderly"
THE impropriety of a member sitting in
a legislative body and voting upon the
adoption or rejection of a report in re-
spect Of his conduct would seem to be
manifest and to Justify his temporary sus-
pension. This is all that has been done.
The Assembly has followed the usual,
orderly and well settled rules and prece-
dents in such ca ses.
I'm the case of Brigham II. Roberts a
Representative elected from Utah to the
Fifty-sixth Congress, his right to sit was
challenged by an individual member of tina
body on the ground that his conduct had
rendered him ineligible. a resolution was
adopted by the House denying him right
to seat until after the report of the COM
mittee appointed to investigate as TO his
qualifications. The question of procedure
was sharply raised by an amendment Of
fered to the resolution which would have
permitted Mr.. Roberts to take and occupy
his seat until the final determination by
the committee The amendment was de-
feated and the original resolution adopted
by an overwhelming vote.
I'm its final report the committee re-
viewed not only the facts brought to the
attention of the committee but the pre-
cedents bearing upon the procedure fol-
lowed. Speaking upon this point they
said
Both Houses of Congress have in in
Vulnerable instances exercised the right
to stop a member-elect at the threshold
and refused to permit him to be sworn in
until an investigation has been made as
to his right to a seat
1.-The report of the committee was
adopted by the House by vote of 26s to
80.
Investigation Not Limited.
'While the preamble of the resolution
adopted by the Assembly suggests certain
lines of investigation which might be fol-
lowed and certain associations and connec-
tons of the suspended members which
might indicate their disqualification the
committee Is in no wise confined in the
scope of its investigation. 1t is not direct
ed primarily to investigate the principles
of any political party or any other or
ganization except as they have q bearing
upon individual qualification of sus-
pended member. Nor Is the committee
directed or required to investigate any
specific charges whatever. 1t is very
different proceeding from the case OF an
impeachment upon formulated charges.
and ascertain whether, in its opinion, the
suspended members. separately and in
dividually, have been guilty Of such con-
duct. have expressed such opinions. have
associated themselves in such. relation
ships as render them unfit TO sit in an
American legislative assembly. 1f any
such member has been guilty OF disloyal.
criminal, vicious or immoral conduct or
utterance, or has associated himself with
any organization. the principles. tenets or
practices OF which are disloyal, criminal.
vicious or immoral, he is manfestly dis
qualified.
The suggestion which is being actively
and insidiously promulgated that these
men have been suspended by reason Of
political opinions or primarilys because
they are members of a. political party as
such, or that the action OF the Assembly
in suspendng them constitutes any final
ity of judgment is utterly false"
Elaborate ARRANGEMENTS are being made
by the judiciary Committee for he:trial