Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1902-03-01
AtisfelIaneuas geadimg.
TILLMAN's PROTEST.

/
South Carolina OF Representa-
tion.
The Democrats Of the senate were not
willing to endorse the act Of President
Pro Tempore Frye in depriving South
Carolina Of representation. There was
warm fight on the subject, led by Sen
ator Joe Bailey, Of Texas, and backed
by other Democrats. The following
paper, prepared by Senator Bailey, was
presented to the senate with the sigma
ture Of Senator Tillman:
The undersigned, holding a commits
sion in this body from the sovereign
state Of South Carolina as one of its
senator's, and having been in the full
and undisputed exercise Of that high
office for seven years last past, solemnly
protests against the ruling Of the pre-
siding officer, sustained by the vote Of a
majority of the senate, depriving him Of
the right as such senator to vote on the
pending measure and to take part gen.
orally in the proceedings Of the senate,
and he respectfully asks that this, his
protest, may be spread on the jour-
nal Of the senate.
| The office Of senator Of the United
States is a high constitutional office.
Section of article Of the constitution
declares that the senate Of the United
States shall be composed of two sena-
tors from each state, chosen by the leg
islature thereof for six years, and each
senator shall have one vote. I respect
fully insist that right and duty is here
conferred and imposed on each senator,
and that so long as he remains mem
ber of the senate he cannot be deprived
or relieved Of that right and duty. He
may be punished for disorderly behav-
ior by a majority vote Of the senate and
he may be expelled from the senate by
a two-thirds vote, as declared by the
second clause Of section S, article l., Of
the constitution; but the right to pun
ish for disorderly procedure cannot pro-
ceed to the extent Of depriving him Of
his voice and vote in this body, unless
and until the punishment against him
shall have been adjudged to be one Of
expulsion.
While it is true that the undersigned
has been adjudged to be in contempt Of
the senate for disorder committed in
its presence on the last legislative day
before this, an act committed in the
heat Of blood and which he regrets and
has apologized for, the incident has
passed and gone and he is now in his
place as senator, deslrous Of proceed
ing in order and in accordance with the
rules Of the senate in the performance
of the high duties intrusted to him by
the authority ard under the seal Of the
state of South edrohna.
The second section of Rule 10 Of this
body, which provides that IA senator
called to order for transgressing the
rules Of the senate shall sit down and
not proceed without leave Of the SEN
ate, is a rule to secure the orderly
conduct of debate-its direction that a
senator called to order shall sit down
and not proceed without leave Of the
senate, has relation to the debate then
Immediately progressing and nothing
else. Such has been the uniform con-
struction and application, and the at
tempt to stretch 1t so as to indefinitely
disqualify senators from performing
their duties here, even to the extent Of
depriving them Of the right to vote.
is an invasion of the privilege Of sena-
tors and grave breach Of the constitu-
tional right of each state to equal rep
resentation in this body.
Under such construction Of that rule
the majority may force a closure in this
body by simply declaring each member
Of the minority in contempt. Under
such a construction, moreover, minor
ity may be transformed into majority,
if, taking advantage Of the accidental
absence Of majority members, the mi
nority, being temporarily In the major
ity, shall declare sufficient number Of
majority members to be in contempt.
The rule in question was never intended
for such a purpose, and ought not to
be given a construction which can make
such a result possible.
In making this protest the undersign-
sonal to himself. He is not restive un-
der the just discipline of this body. He
is ready to cheerfully accept such order
as it may make for the vindication Of
it's rights and its dignity. But until
that order shall have been made and
until it shall have adjudged his expul-
sion, If the senate thinks his offence
merits that punishment, he cannot 81
lently permit his state to be deprived
of it's full constitutional representation
on the floor of this chamber, which is
most notably eXemplifled in it's right
through it's senators to vote and speak
upon every measure before it. All Of
which is respectfully submitted for the
consideration Of the senate.
Recognizing the justice of the posi-
tion taken by the Democrats, the Re-
publicans were unwilling to stand by
their action, and on Tuesday President
Pro Tempore Frye ordered the restora-
tion of the names of the South Carroll
ma senators to the roll. Immediately
thereafter, the senate adjourned os-
tensibly out or respect to the memory of
member of congress who died several
months ago. The object of the adjourn
ment was to secure time to meet the
issue raised by the Democrats.
WHEAT Does Nor GROW WILD.-The
existence of names for wheat in the