Show REPORT OF MINORITY T i I THE ROBERTS CASE o Ut Congressman Possesses to En EnS Entitle Enk S title Him to the Oath of Office k i Would Be Violation of the th Law and Establishment stab J Sf oiDa Precedent i I Special to The Herald Wagon W on Jan IS Representative I Iitti M of f Maine has completed the minority in the Roberts case e c I and be submitted in the house I te The manuscript embody embodying ins w Covers fully sixty and long as it is represents bf part of the authorities authorities ties U which he looked up In Sa the case Jt It ein I to me settled upon reason and ana authority says Mr Littlefield atthe power of the house to expel Is te and that the legal prop involved may be fairly thus au zed Zd The of or exclusion Is a matter of to be exercised d by bi a majority I vote la 15 accordance a with leal leyal le al plea piga and Only exists when a m mt member niber I elect MM some Seine of the qualifications t by the constitution The II I expulsion is made by law lawI 1 I mer iner matter of or to he be ex cx f a vote fairy in intent intelli tent telli conscientiously with nth due tf propriety and the honor bonn and f the house We are an only for to the abuse of or this thi die dis to ho our Constituents our con lIC and our God GodI od I 1 bellve rYe that Mr Roberts ho ha hea tech legal right to be sworn sw m in inas as a but the facts are such that if I believe f e that the house houle in the e If its discretion is not only I ju required by every proper con to immediately thereat thereafter ter eel ospel him bim Duty uty of the House I The sits in this case as the judges judg of the qualifications lions of we ae from Utah I It is Its duty ty to ascertain a ertan I K t What at elements of I or orel are required by the constitution tf n I seco n r the from Itzi possesses these qualifications U ons or r ts of eligibility If It rt finds linds h hi wes es it is then its duty to de deClara Clara hini entitled to a seat in this hO hon honI BP vf i r I an able Ie to appreciate the men mental tal ml Ij Is of the man who cannot the distinction bet between t whether tiler certain I lIOn ments nta now exist e in and sad are the constitution and reach Ing Iii or element of eli cli ii let exists to toise Qt thC 1 judge ise to ID kw kwas is as IV It be je e other Is pt to tomake tomake make croak Ian r suit the case he bs One I te Is within he ie e constitution other is isa isa a gross gros gro M laUon latIon of the th constitution C I Ono One no 0 able ble feature of ot Mr Little ields re are ort rt is the declaration lon that poly ln n and of or f does not con CO l any y di c for tor the holding or 0 PUb public l office fie e has a great many au ai S to t snow show that the laws of tie e state of Utah do not now I and neve Ie never have hare imposed Im any disqualifications for lr or holding office by reason of or polygamy y or unlawful cohabitation Qualifications of Roberts I He o go on to say that Mr Roberts Ro was wae a rent r dent of or and since cince nee its organize U n as a state has been a I resident f the state of Under Un these ese circumstances says saS Mr Kr I do not net n t think that the disqualifications dJ imposed by th thE tho Edmunds mund E act have bave had hod any auY operation to him since the organization of the state tate of Utah It is settled by an un unbroken Unbroken broken line of decisions that all terri tern territorial territorial tonal congressional congre tonal legislation is super superseded superseded ended by the adoption pf f a state con eon constitution and ancI the organization of a state Mr Mn argues further that the Edmonds law la applying to any ter ten territory does not DOt ii affect Mr Roberts Roberta aa as a polygamist p t or ot person per cohabiting so tar far faras taras taras as his eligibility to the office of rep representative representative tive under uDder the constitution Is ia concerned The disqualification he be says must most exist at the time of his bis becoming a member but since eline January 1890 he be has bas resided in the state of Utah Uth and Ute the statute has haa not DOt since then and anil does doe not now operate upon him It cannot therefore now disqualify dt him He is not DOt nota DOta a polygamist or person cohabiting but buthe buthe buthe he is js suh such in the state of Utah and the statute only applies to such a person in any territory Edmunds Act Does DOM Not Hot Apply It seems see to me beyond question adds Mr that this Ed Edmunds rounds munds act does not DOt apply to Mr Rob Roberts Roberts Roberie erts erie There is hJ no law then theix then which has hes any application to this case that seems mama to add anything to the constitutional qualifications This house bouse h by its in independent Independent independent dependent action cannot make law for any purpose The adding by this house hou acting alone of o a qualification not established hecl by law hw would not only be a violation of the law but it would establish e a must most t which would woW hardly fail fan to return to plague the inventor You might feel et f that the grave moral and social as aspects aspects aspects of thin ease case allowed you to wrest once the law to your authority To do doa doa doa a great at right to do a little wrong But what warrant have you when the barriers of the law aware are once onoe broken down that there may not come after us a house hou e wiTh wih other standards of or morality and propriety which ieh will cre create create ate other qualifications with no 00 rightful foundations n that in the heat and rea roe reason eon son of partisan contest since ince there will wilt willbe willbe be no definite standard stan by which to determine the existence of a qualification ties tion will add aM anything that may be necessary 91 the desired de red re no result re suit sult It would no longer 4 a govern government mont ment of laws la but of men To thus depart Iron is to embark upon a trackless sea ea without or corn com compass pass pals 5 with almost t the certainty of dire direful direful ful flu shipwreck The Ag Ap ja cation Considerable attention is paid to the age members of the house and to the u right pf if the tile hou hm to exclude any who should not have been a citizen nf the United States for the constitution constitutional al a period before his election The pow powers powers ers era of or states to subvert rt the constitution constitution tion if they could of or members ben at less years tears of age or to send se citizens to congress cOD is 1 also discussed discus ed and several authorities cited thereon It is 18 fur further further ther thor pointed out that neither the house bous nor Din congress can change any of these qualifications so 80 far as they are pre pee prescribed scribed or mentioned in the constitution tion tissa of the United States Staten |