Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-04-28
ENTITLED TO HIS SEAT
SENATE DECIDES IN SCOTS FAVOR
BY 62 TO 3.
Going Behind the Returns-Clark
Case Coming Up Next Week
Alaska Bill.

The Senate yesterday afternoon, by a
| vote of 80 to 3, decided to sustain Senator
Scotts title to seat in that body, After
this vote was taken Mr.. Chandler gave
| notice that he would call the Clark case
up next Wednesday. Senator Allen said
he thought senators should be given time
| to read the testimony in this case before
| it was brought up. Mr.. Chandler said he
was not disposed to press the case unduly,
and while he would not withdraw his no.
tice he was willing that all should have
ample time TIC consider the testimony.
Speaking on the Scott case after The
Stars report of the proceedings of the
Senate was closed yesterday afternoon Mr..
Turner CWash) declared that II the facts
were as stated by Pettus, it was clear to
| him, in view of his opinions of the Con-
stitution and statutes, that Mr. Scott was
| not entitled to his seat. He believed there
had been duplicity, double dealing and
fraud in the election of Mr.. Scott. He par
ticularly attacked the agreement which
had been entered into by certain demo-
cratic and republican leaders Of the legis
| lature. affecting the seats of members of
the West Virginia house and senate, main
tanning that this presented such state
of facts to the United States Senate as
| would warrant it in making thorough in
vestigation of the Scott case.
Going Behind the Returns.
Mr.. Chandler, chairman of the committee
on privileges and elections, read some re-
marks of Mr.. Morgan (Ala.), in which
he said the Alabama senator seemed to
lean to the belief that the Indiana case af-
fecting the right of Senator Turpie to
seat in the Senate had not been decided cor
rectly. Mr.. Chandler said if Mr.. Morgan
Al
decided correctly, and that it ought to be
reversed, he would stand with him. The
decision in that case was that the Senate
should not reopen the determination of the
legislature of Indiana He was willing to
have the decision in the Turpie case re-
opened, if the democratic senators WERE
and he was satisfied Mr.. Scott could well
stand on the facts.
He gave warning that in the next Senate
the credentials of Mr.. Blackburn of Ken
lucky would be considered, and if the doc
trine established in the Turpie case, which
had been recognized as binding on the SEN
ate, was to be overruled the Senate would
be called upon to go into the question
to the competency of the federal power
to go back of the returns of a duly and
legally constituted legislature.
Mr.. Bacon (Ga) said that he believed the
majority report of the committee was based
on sound law and that the United States
Senate could not enter into an investigation
of a legislatures right to determine the
qualifications of its members.
Mr.. Teller took ground similar to Mr..
Bacon, holding that the doctrine accepted
as established by the decision in the Tur-
pie case sound and safe.
In an extended statement of the effect of
the agreement entered into Mr.. McComas
(Md.) said that if the legislature of West
Virginia had not taken the action 1t did
take with respect to the contests Of Bro
hard and Morris and Kidd and Dent the
effect would have been to increase the ma
jority of Mr.. Scott in the joint assembly
instead of to decrease 1t. If the United
States Senate, putting aside the doctrine
established in the Turpie case. should in
vestigate the case and finally overturn the
action of the legislature In respect to the
seating of members named it would result
simply IN increasing the majority of Mr..
Scott. The whole proceeding was regular,
and the Senate had, in his opinion,
power to review the action of the legisla-
ture.
The motion of Nh. Pettus. that the report
and resolution be recommitted to the COM
mttee for full investigation, was defeated
without division
In Favor of Scott.
The resolution of the committee, declar-
ing that Mr.. Scott was entitled to retain
his seat in the Senate, then adopted
90 to 8, the votes in the negative being cast
by Messrs. Morgan. Pettus and Turner. Mr..
Scott, who was on the floor, was soon sur
rounded by senators extending their con-
CALCULATIONS.
Senator Ciark's Case.
Mr.. Chandler then gave notice that next
Wednesday he would ask the Senate to
take up the case of Senator Clark of Mon
tana, adding that if no one should desire
to speak in opposition to the report of the
committee he would have nothing to say
in support of it.
Mr. Allen expressed the hope that the
Senate would not be asked to act upon this
case until senators could have an oppor-
n testimony.
the fact that the committee had taken two
or three months TO investigate the subject
he did not consider it fair that the Senate
should be asked to dispose of the matter
within two three days notice. Such
request was ridiculous in any tribunal.
Mr.. Chandler then stated that he had no
desire to unduly press the consideration or
the case, and while he did not withdraw his
notice TO call the case up on Wednesday
he said there would be no disposition to
press the resolution in a way to impair the
rights of any one. The case could be post
poned, if such disposition was thought best.
The Alaskan Bill.
This explanation of the attitude of the
chairman of the committee elections
appeared to be satisfactory, and the Senate
passed to the consideration of the Alaskan
bill, Mr.. Rawlins taking the floor for
speech on that subject.
Mr.. Rawlins dealt with the rights Of
aliens in mining locations, advocating the
supporting in the main Mr.. Carriers amend
ment.
Mr.. Rawlins argument devoted to
showing that under the decisions of the
courts aliens had no rights as against citi-
zens in the location of mining claims. To
concede the right to aliens to locate might
afford to the inhabitants Of Siberia the op
portunity to invade our shores and locate
all the mineral lands on the American shore
of Boring sea, thus shutting out our OWL
citizens entirely from that vast and rich
mining field.
After a brief executive session the Sem
ate, at BIS pm, adjourned.
Lake Erie and Ohio River Canal.
Representative Dalzell of Pennsylvania
! was heard yesterday by the House commit
| tee on railways and canals in favor Of his
| hill +o ipcornorate the T,ake Fria and Ohio