Daily capital journal. (Salem, Or.) 1896-1899, 1897-03-03
LEGISLATURE
1 N-'''M''N IL
Explained by Senator Smith.
A Gear Exposition Of the Benson
Organization

ment Of his reasons for refusing to
recognize the Benson organization:
SMITHS OPINION.
Ny position is 50 simple that / can
not understand why 1t should be mis-
understood by anyone familiar with
the facts Of the case as they really
exist. According 20 the constitution
Of the state II requires two-thi-ds Of
the house Of representatives, consist
ing Of sixty members, to constitute a
quorum. Early in the session the
pretended organization Of the Benson
house was made without a quo
rum. The senate was then called
upon to recognize the Benson house,
and, with other members 1 voted
against its recognition because | was
sworn 10 support the constitution.
There a be no SERIOUS question
but what the house was uncOnstitu-
| tiOnal. The question has been passed
upon by the leading lawyers Of the
state, such as Geo. II. Williams, j. ~.
Dolph, L. Il. Cox, Martin l.. Pipes,
Fred V. Holman and Others whose
opinions have been published at
length in the Oregonian; and l do not
think that you could find a lawyer OF
high standing that would subscribe
his name to an opinion that it is con-
stltutionally organized. The house
itself refuses TO proceed 10 bust
ness as IL would il legally con-
stituted. Although It's pretended or
ganization has been in existence abcut
thirty days IL has not passed a bill,
and its speaker has not even APP
pointed its standing committees.
with a majority OF the other MEM
bers Of the senate, including several
OF Senator Mitchell's Republican sup
porters, l thought that to ask us to
recognize such a pretend. I'd house was
not only unfair but a wiliul disregard
Of sthe constitution by a party Tor
rather a part OF a party that has
heretofore oeen emphatic in its de-
nunclatlon Of every tendency toward
anarchy.
When the members OF the legisla-
ture first came to Salem it was found
that Senator Mitchell had forty-seven
supporters, including NOsler, whose
right TO a seat is In contest.
F~orty-ive or these members went
into the caucus and unanimously
made the senator their nominee, and
the other three, who we're absent at
the time, agreed by letter TO support
him. They all claim to be,and doubt
less were, Mitchell men when the
vote upon the question OF recognizing
the house was taken, and seven OF
them-McClung, Reed, Calbreath,
Gesner, Hobson Dawson and Mulkey
had to vote against the recognition
OF the house; and Of the twelve MEM
bers, who out OF a body Of thirty
members, voted for the recognition
Haseltine, who was elected as a Mitch
ell Republican, has since changed his
mind, acknowledged that the organi'
zation was unconstitutional and re-
fused TO enter the joint conventions
and DAILY, whom your correspondent
only mentions as having voted for the
recognition of the house, when | OPP
posed II, decided the next day not 10
enter the joint convention, and has
consistently refused 10 enter II ever
since. After a lapse OF several days
Senator Reed went into the joint con-
yentlon, Notwithstanding his vote.
on the other hand IL Is a noticeable
and remarkable fact that there is not
a single senator that voted for the
resolution recognizing the house that
is not on record as voting against the
legality OF the same house upon quest
ions relating to the transaction OF
business instead Of electing a senator,
such as the resolution 90 proceed 70
the third reading OF bills; and IL APP
pears 10 nue. that the ~partlsanship OF
these members has led them into a
very inconsistent position. The claim
that there are legal presidents that
Justify a recognition Of the house APP
reared 20 me 20 be nothing more than
moonshine. l have read the cases
that have been referred TO and they
are applicable 20 the controversy here.
Ny refusal 10 recognize the Benson
house is the only act 20 which your
correspondent can refer that has any
bearing upon the situation here. ]
am not In any way connected with
any deal between Simon aud Bourne,
or any other men. ! have not been
near either the Bourne or the Mitch
eli headuarters since came here.
aud am absolutely free from any al,
liance with either the Simon factions
OF the Republican party or anybody
else. l believe that ! did right IN
voting against the recognition OF the
Benson house and would vote the
same way again II the question wer,
a.. aaa.. ~