New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1902-02-26
TILLMAN-M'LAURIN CASE.
REPUBLICANS DETERMINED TO PUNISH
THE FIGHTERS.
Mr. FRYE ORDERS THEIR NAMES RE-
STORED TO THE RoLL-NOr PURGED
OF CONTEMPT, HOWEVER.
[BY TELEGRAPH TO THE TRIBUNE


McLaurin case. The first move was to shut the
Democrats out from further discussion at this
time by adjourning the Senate Immediately after
the journal of yesterdays proceedings had been
read, the ostensible excuse for this action being
TO show the usual mark Of respect for a men,
Der Of the House who died in the recess of Con-
gress. The next move was made by Senator
Frye. the President pro tenn, on whose rul-
ing the secretary of the Senate yesterday erased
the names of the South Carolina Senators from
the roll. thereby depriving them of the privilege
OF voting or otherwise taking part in the pro-
ceedngs.
BY order Of Senator Frye the names of Till
man and McLaurin were restored to the roll
by the secretary after adjournment. On the
face of this action it would appear that the
South Carolina Senators have been restored 10
their full rights and privileges. but when the
Senate meets tomorrow it will soon be made
apparent that this is neither the purpose nor
the wish of a majority of the Senate Emphatic
expression viii be given to this in one of two
ways. Either the Committee on Privileges and
Elections Will make a report recommending the
temporary suspension of Senators Tillman and
McLaurin, or when their names are reached on
the first rollcaT some one the Republican
side will rise and object to their right to vote
BITTER FIGHT EXPECTED.
In either case it is expected that an acri-
1nonious and prolonged struggle will he preclpl-
tsted. The Democrats, under the leadership Of
Messrs. Turner, of Washington; Bailey, or
Texas: Dubois, of Idaho. and Patterson, OF
Colorado have decided TO flibuster If possible
to the close of the session. in order to give
emphasis TO their contention that the whole
proceeding was unconstitutional II they DO
this il is thought that the Republican leaders,
by a series OF collateral motions and majority
votes will fasten closure the Senate, ana
thus end for all time. or, at least, as long as
their party controls the Senate. the possibility
of obstruction by the minority OF the VIII OF the
majority.
Senator Burrows. Of Michigan, chairman OF
the Committee on Privileges and Elections, and
other Republican members of that committee
held an extended conference to-day with Messrs.
Spooner, Aldrich, Platt, Of Connecticut; Hoar
and other recognized authorities on constltu-
tional law, and at the close Of this conference
st was announced that at full meeting OF the
committee, TO be held at 1910 o'clock to-mor-
row morning behind closed doors. an investiga-
ton of the Tillman-McLaurin imbroglio would
be begun It is mainly on this announcement
that the assertion is based that the committee
will report at the opening of the Senate a
resolution suspending both South Carolina Sena-
tors. The term OF the suspension. it is generally
believed, will be fixed at five days. There is
no certainty, however. that the committee will
be able 10 reach agreement tomorrow, and
so it is possible that the other process to pre-
vent the restoration Of Tillman and McLaurin
to their right to vote in the Senate will be re-
sorted to. The Democratic programme OF OBJ
struction is clearly marked out, whereas the
Republicans have not announced, and in the
nature OF things, cannot yet announce, def
mite policy, further than the firm determine
ton to prevent the South Carolina members
from taking part in the proceedings of the Sem
ate until they have completely purged them
selves Of the contempt of which the Senate
unanimously found them guilty few minutes
after the commission Of their unprecedented
offence last Saturday afternoon.
The Democratic contention still is that the
only constitutional way for the infection of the
full penalty for such violation of the Senates
kl dignity and oecorum that Of which the South
III Carolinians have been found guilty is by expu-
sion. This, OF course, is impossible, in view OF
the tact that the constitution provides that X
pulsion be inflicted only by two-thirds
vote, and the Republicans have not that number
or votes The Democrats hold that suspension
for an hour or year is depriving a State of its
eq11i sulIfagG IN me senate ana that THIS
would be violation of the constitution. They
also argue that the mere act Of declaring the
Senators in contempt is the inhiction Of all the
punishment contemplated by the clause of the
constitution empowering each house of Congress
TO punish its members for violating its rules.
The Republicans deny this contention in toto
and assert the constitutional power Of suspen-
sion as a remedy for disorder as we'll as that Of
expulsion Thus the issue is joined between the
two parties, the Republicans holding firmly to
the principle that the Senate has the right to
prescribe and enforce its own police rules. and
that in this assertion the sovereignty of the
federal government is superior to that of a
single State, even though by the operations Of
the act State is temporarily deprived of repre-
eentation.
MR. FRYE'S EXPLANATION.
The order of Senator Frye Tor the restoration
OF the names TO the roll was issued almost i'm
Inediately after the Senate convened to-day.
When asked for an explanation of this order
Senator Frye said:
In my rulings yesterday I believe that was
strictly within parliamentary law; that Sen
ators in contempt not entitled TO recognition
either TO speak or 10 vote, and that logically
their names should not be called. l still adhere
TO that opinion, but. DESTROYS Of shifting the re-
sponsibility from the Chair to the Senate,
have directed the clerk TO restore TO the roll the
names of the two Senators from South Carolina.
When asked if the result of this action would
be the recognition Of either of the Senators to
vote or speak. Senator Frye replied that it
would not, and that question which must
be decided by the Senate. He declined. however,
20 say how the question would be brought to the
attention Of the Senate
DEBATE CUT OFF BY STRATEGY.
Quite Unexpectedly the Senate adjourned to-
day within fifteen minutes after it convened.
An hour before the time for meeting the gal
ieries began TO fill with spectators all expecting
sequel to the debate Of yesterday the rights
of the Senators from South Carolina to cast
their votes while under the ban Of contempt of
the Senate. Several Democratic Senators had
books their desks and it looked as though
they were preparing to continue the contest of
yesterday. This made more evident imme-
diately after the Senate convened. When the
clerk began the reading of the journal of yester-
days proceedings the usual request that the
reading be suspended was made by Mr. Stewart.
OF Nevada