The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-02-26

ing that the imprisoned Senator could pay
his fine or get a bondsman n then appear
in the Senate to vote. But this was gem
orally regarded as begging the question
and Mr.. Bailey gave a more direct and
serious reply TO a proposition p~ropounded
by Senate Foraker. This was whether
IL the senate had on Saturday placed the
offending Senators from South Carolina
in the custody of the Sergeant-at-Arms.
they could be brought from their place
of Incarceration, be presented at the bar
of the Senate and then allowed to vote
and return to their place Of detention.
To his Mr.. Bailey replied that in his opinion
that would be an eminently proper pro-
ceeding.
The Senate has not yet been called upon
to decide whether Bailey is right or whether
Hoar and Foraker are, but it is this question
that must be decided before the Senate
can proceed to declare punishment against
Tillman and McLaurin. In the course of
the parliamentary tussle yesterday Presi-
dent Frye decided in the affirmative the
point raised by Senator Lodge that no
other business whatever is in order pend
ing a roll call and that during the call not
even a point of order or an appeal from
a decision Of the chair can be entertained
until the roll is complet ed and the result
Is announced.
:. MANY Democratic Senators claim that this
decision means in its practical application
to the business of the Senate nothing less
than the long threatened %cloture, which.
in the minds of many Senators for many
years should be provided for in the stand-
ing rules of the Senate.
The parliamentary experts, however.
say mo- that it does not mean %cloture,
but that President Frye's decision on Mr..
Lodges point was simply in accordance with
the plain, undisputed rule Of the Senate.
Freedom of debate still exists in the
United States Senate and is apt to remain
a cardinal principle of that illustrious par
liamentary body for many years to come.
The Committee on Privileges and Elec-
tions, which will pass upon the Iillman-
McLaurin case and the Constitutional ques-
tions involved, is composed of Senator
Burrows. chairman, and Messrs. Hoar,
Pritchard, MoComas. Foraker, Depew,
Beveridge and Dillingham;, Republicans;
and Messrs. Pettus, Blackburn, Dubois,
Bailey and Foster Ua). All except Dubois
are lawyers.
A conference Of the Republican mem
berS OF the PRIVILEGES ana tlectlons Iofn-
mittee was held this afternoon, during
which the entire controversy was thor
oughly discussed. As a result, IL was de-
cided that the committee tomorrow re-
port a privileged resolution, providing for
the temporary suspension Of the two Sena-
tors declared in contempt.
This action is considered by the ma
jority the natural consequence Of the con
viction for contempt and will be put on
tina ground. Whether or not suspen-
sion will be for a definite period OF until
the committee has reported on Tillman's
charge Of bribery which he made against
McLaurin is yet TO be determined. la any
event, the committee will go ahead with
the investigation AZ ordered by the Senate
In the resolution Of Saturday.
The Democratic Senators are prepared
70 oppose the suspension Of the two Sena-
tors, following the lead of Mr.. Bailey Of
Texas hat that is an infringement Of the
Constitutional right of the State to repre-
~sentation. They propose TO debate the
question at length and to make campaign
ma out of the exploitation of the
States Rights doctrine.