Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1902-07-17
JUDGE PENFlELD TALKS.


Judge Penfield, solicitor of the state
department, Washington, concludes
statement concerning the assault by
Senator Bailey of Texas, on Senator
Beveridge of Indiana, and the causes
laeding UP to it, with these words:
Senator Bailey is one of those men
who go hunting for trouble; and this is
simply one of the spasmodic displays
of assininity in which he INDUCES at
regular periods"
1t was Senator Bailey's criticism of
Judge Penfield that led to the row be-
tween Senator Bailey and Senator Bev-
eridge, on Monday, after the adjourn
ment of the senate, in which Bailey
made partially successful attempt to
choke his colleague.
In his statement Judge Penfield, in
reviewing the case of Bielenberg
against Scott, in the Mexican courts,
said:
Senator Bailey requested me to
draw an instruction to Ambassador
CLAYTON demanding of the Mexican
government a reversal of that judg-
ment. | refused to draw the instruc-
ton, because no government ever did
reverse the judgmnt of one of it's low
err courts, pending an appeal in the SUI
preme court, because Intervention
does not lie for judicial denial of JUS
tice until there has been final denial
of justice by the court of last resort.
81 went to the utmost limit of pro-
priety in drawing an instruction tC
Gen. Clayton that he should request
no Sc
it's good offices, with view to the fair
and impartial determination Of the
case pending in the supreme court. If
had complied with Senator Bailey's
request, it would have been violation
of all the precedents;B 1T would have
been disrespectful to the Mexican gov
eminent, and it would have been an
utter disregard of whatever rights
Bielenberg had, because the demand
that Beilenberg's judgment should be
set aside on the mere ex parte state
ments Of DR.. Scott and his attorney
and Senator Bailey, without the pro-
duction of the record, and without CIV
ing Bielenberg any hearing.
Senator Baileys charge that / re-
fused to furnish an office copy Of
contract inclosed in one of Gen. Clay
tons dispatches is In its substance and
spirit untrue, and he knew it perfectly
we'll when he made the charge in the
senate.
about two weeks ago Senator Bail
ey came to the solicitors Office and
complained that Gen. Clayton, in his
note to the Mexican government, had
omitted portion of the instructions,
which stated that there were some cir
cumstances connected with the case
that seemed to indicate want of dis
interestedness and fairness In the pro-
ceedings of the lower courts. Senator
/ Bailey imputed the omission to the sin
4 lister design of the ambassador.
i Il explained that Gen. Clayton had
communicated the really essential
parts of the instructions; that much
was left to the discretion of our repre-
sentatives in dealing with a foreign
} government. Senator Bailey answered
me with some heat, I see that you are
bound to stand by Gen. Clayton. re-
piled that Gen. Clayton's conduct was
not shown by the record to be actual
ed by an unworthy motive, and that
would not censure him without giving
him hearing. added: I will SUBJ
nit the matter to Secretary Hay, and
If he thinks that the omitted portion
of the instructions should be COM
municated to the Mexican government,
/ will draw an instruction to Gen. Clay
ton requiring him to communicate It,
Senator Bailey replied that he did
: not want it submitted to the secre-
tary; that, so far as he was concerned,
he would not see the secretary or
President again about the matter, and
added that he was going to deliver a
: speech in the senate touching upon the
President, the secretary of state, AM
bassador Clayton and the solicitor.
"The truth of the matter is that
Senator Bailey set out some months
ago to remove Gen. Clayton from his
. Office, because Gen. Clayton would not
take instructions from him, insetad of
the secretary of state. If had Joined
.. with Senator Bailey in his condemna.
,, ton of Ambassador Clayton, whose
!, record before the department for fdel-
!, ity discretion and efficiency is most
excellent, he would have omitted his
assault upon me in the senate. He
says SO himself in his speech
:, Gen. Clayton had been instructed to
. send the substance of his instructions
= to the Mexican government, and he
q had done SO. Senator Bailey said that
he would have nothing further to do
@ with the President or the secretary
!. with reference to Gen. Clayton"
S Grand Old Man.
: In speaking of Iowa's senior senat
l. or, the Mason City Times Herald says
~ fnp tr, L, T.. L.