Omaha daily bee., 1902-03-08
FIGHTS ANTIANARCHIST BILL
Senator Bacon Declares Measure in Present
Form is Unconstitutional,
WOULD BE EXTENSION OF TREASON
Denies Juriudiction of Congress "a
LesisIate with Reference TO Attack
ON Sovereignty Through
an Ohicial.

WASHINGTON, March Ton account
OF the indisposition Of Mr.. West Of Mis-
souri, and Mr.. Mallory of Florida, who ex-
pected to speak on the pending ship sub
sidy bill, that measure was not considered
by the senate today.
The diplomatic and consular approprla-
ton bill was passed and then the senate
took up the measure for the protection of
the president Of the United States. Mr..
Bacon OF Georgia concluded his speech be-
gun yesterday in opposition to the bill,
making an extended constitutional argu-
ment against It. The senate agreed to
make the bill the unfinished business at
the conclusion Of consideration Of the ship
subsidy bill.
A joint resolution authorizing the pres
ident OF the United States and inviting the
government Of Canada to Join In the form
alton Of an international commission to ex-
anime and report upon the diversion of the
waters that are the boundaries of the two
countries, was reported favorably from the
committee on commerce. Mr.. Hoar urged
that the measure ought to be considered by
the foreign relations committee, as 1t
opened a very important and delicate
question" involving diplomatic procedure.
On his motion, II was referred to the com
mittee on foreign relations.
Adopt Harris Resolution.
A resolution offered by Mr.. Harris OF
Kansas directing the committee on Indian
affairs to investigate the matter Of the re-
moval Of certain Creek Indians from the
lands assigned to them and to report by
bill or otherwise, was adopted.
TIL senate agreed to a conference with
the house upon the bill providing for the
radanantfOn ~ oorfafn fntarnaI 49,
stamps and Messrs. Aldrich of Rhode
Island. Plat OF Connecticut and Teller Of
Colorado were named as conferees on the
part of the senate. On motion OF Mr.. Hale
Of Maine the senate then began the con-
alteration Of the diplomatic and consul APP
preparation bill. The bill was read. 1t
carries In round figures $4,000. 900 In appro-
priations. Mr.. Bacon of Georgia offered an
amendment providing that the student in
terpreters employed in the legations and
consulates in China should be selected in
q non-partisan manner and that they
should agree to remain in the service for
ten years. The amendment was agreed to.
The bill as amended was then passed.
The enate resumed consideration Of the
bill providing for the protection Of the pres
ident Of the United States. Continuing his
speech begun yesterday, Mr.. Bacon con-
teuucQ luhl tuO tudClHcnl U tue Dlli III llS
present form would be an extension Of
treason as defined /. the authorities. He
quoted various writer's on law and the con-
s~titution In support OF his point. Merely
because the crime named In the pending
bill was not designated as treason did
not change its character. 1t practically
was made treason by penalty provided and
the means resoFted to TO apply the penalty
to the criminal. He indicated his belief
that such a provision was unconstitutional,
maintaining that treason had been defined
In the constitution only after long and care
full debate. during which every possible con-
tingeney was considered.
Question OF Jurisdiction.
He argued that the constitution intended
that each man shall be equal before the law
and said the remedy for an attack on the
president or the killing OF the president
should be the same as II the crime were
committed againt an individual. He denied
congress had jurisdiction to l~egislate with
reference to an attack on the sovereignty
Of the United States through the person OF
an onnciai.
Mr.. Bacon maintained that the contention
Of those who supported the bill was in effect
that there was no differentiation between
the crime OF treason and an assault upor
the president, which threatened the exist.
enee Of the government He urged. how
ever. that II that was true assassination
Of the president would be treason.
Mr.. spooner Of Wisconsin interrupted t.
say that although the assault upon a presi'
dent might be considered an attack upon the
sovereignty Of the government II clearly
was within the power Of congress to dea
with Il. as had been done in the pending
bill.
Mr.. Bacon denied the eonstltutionallty o
any law which shall Invade our institu'