The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-01-30
PLAN OF THE FIGHT
ON Mr. SIMMONS
To Starve Him Out of the
Senate.
THE PLOT IS BuTLER'S
The Partisan Com mittee Will Dawdle
Over His Case.
MEANWHILE He GETS NO SEAT, NO PAY
The Position Taken in Simmons Case Win be
Taken in That Of Other Senators Elected
by States Where the Negro Suf-
frage is Restricted
frage is Restricted.
lspecial 10 The News and Observer.

Especial to The News and Observer)
Washington, d. c., Jan 29.-Within the
past forty-eight hours there has come to
light in this city clear indisputable and
undoubted evidence Of deep, deliberate
and desperate determination on the part
of the Republican majority in the United
States Senate to wrest from the people of
North Carolina the hard-won victories
for white supremacy won by them at the
polls in 1898 and 1900
1t has been resolved to begin by re-
fusing her Senator-elect, the Honorable
T. NJ. Simmons, his seat in that body
when he shall present his credentials on
the ground that the Legislature electing
him was elected under a law in violation
of the fourteenth and fifteenth amend
ments to the Constitution of the United
States, and that therefore their acts are
as the lawyers say coram non judice and
void
1t is not proposed to follow the usual
custom of seating the candidate who re-
ceived the vote Of the Legislature elect
ed for the purpose of electing him and
who comes with the certificate of the
Governor made in due form Of law.
Following the precedent in the case of
Senator Clark last session they will refer
Mr.. Simmons credentials to the Creden-
tials Committee and in the meantime
allow him TO cool his heels in the
corridors.
Pearson who was his Republican con-
testant, will make no contest, as to do
so would be to admit that there was
power in the Legislature now in session
to choose Senator.
Butler, who leaves the Senate on the
4th of March will not openly appear in
the plot, though he is chief villain in the
play.
PTitchard will possibly consent to offer
Mr.. Simmons credentials as a matter of
courtesy. but it will be on the strict I'M
dsrstanding that this shall not bind him
to vote to seat Mr.. Simmons.
The committee to which Mr.. Simmons
credentials will go will have as its chair
man the most virulent partisan in the
Senate, the notorious Senator Julius
Caesar Burrows, of Michigan.
10 his efforts will be added those of
some equally partisan Republican; prob
ably Senator Hall or Senator .Hawley,
who will be appointed to succeed Senator
Chandler. Senator Hoar is already
member of this committee. as is Senator
McComas.
They are al! blind partisans. They
will take up the Simmons case at their
leisure meantime keeping him, like
Mohammei's coffin, suspended twixt
earth and air.
In the evert of al extra session of
Congress, which NOW seems certain. he
will not be allowed to sit or vote in
that body nor will he be allowed the
privileges of the floor.
He will not be paid his salary or any
allowance as u contestee or contestant,
as the position will be taken that there
is no contest. she cleo Ion Icing void alb
initio.
The same proceedings will be follow
eel in the case of Senator German
should the Legislature of Maryland
meet in spec al session as now seems
certain, and rass a lew election law
eliminating tre negro ' ote in that State.
The position taken in the Simmons
case that he is not lawfully elected
Senator viii be taken in that of Cor
man and all other Senator's who come
here elected by Legislatures who are
chosen under laws which discriminate
against the negro c. require him to
be of certain educational capacity.
In the case of Simmons the plan is
to starve him out of the Senate and
to use his case to induce National
Chairman Jones to call off any new
ballot law propositions in Maryland.
1t is a well known fact that Senator
Simmons is a roor man; that
he has practically given up a
lucrative law practice to take
a seat in the Senate and
that after his long hard fight in the
primaries last summer he is not finan-
cially able to bear the strain of long
hard fight to get into the Senate.
Butler has told McComas, Hoar and
others of this condition of the case and
that therefore Simmons can better be
refused seat at the outset than Of
fered one and then unseated This is
the plan plainly told.
1t was definitely agreed upon at
conference at the White House Satur-
day night, but its details did not leak
out until Monday and then only in
vague and nebulous way
have asked several great lawyers
here tonight what they think Of the case
and they give as their opinion that as
the settled rules of law are that the acts
OF dc facto officers are as good as those
OF officers de jure before judgment OF
custer is had, Senator Simmons
seat cen not be successfully impeached.
The Legislature now in session is a de
facto Legislature at least.
Governor Aycock is a de facto Governor
at least. and his certificate of election is
valid unless he be ousted by quo war
ranto before the 4th of March.
Senator German can be counted on to
stand by Simmons loyalty and no powcf on
earth can induce Senator'S Quay. PEN
rose or Elkns to take any active part
against Senator Simmons
They all say however, that the Senate
IS the sole judge of the qualifications OF
its own members and that no mandamus
from the Supreme court or any other
court could seat a Senator whose creden-
tials the Senate held to be defective.
The smoking out .Brer Possum Butler