Evening star. [volume] (Washington, D.C.) 1854-1972, 1902-07-02
HUNTS FOR TROUBLE
SENATOR ,BAIfEX DOES, soLICI-
TOR PENRIELD SAYS
Attack on fBevexidge Simply Display
Of spasmodic Asininity, He
II Declares.

Senate by Senator Bailey last Monday, re-
sulting in personal alteration with Sena-
tor Beveridge, has made statement to
Senators Fairbanks and Beveridge for in
sertion IN the Congressional Record. of
which the following Is the solicitors own
abstract:
"A judgment was recovered by Bielenberg
against Scott in one Of the Mexican courts.
Scott took the case to the supreme court
OF Mexico, where 1t Is still pending. DR..
Scott and his attorney, supported by Sena-
tor Bailey, requested me to draw an IN
struction to Ambassador Clayton demand
ing OF the Mexican government a reversal
OF tnat Judgment l refused to draw the In
struction, because no government ever did
demand OF another government that it re-
verse the Judgment Of one Of its lower
courts, pending on appeal in the supreme
court, and because intervention does not
lie for Judicial denial of justice until
there has been final denial Of justice by
the court Of last resort
I went to the utmost limit of propriety
In drawing an instruction to Gen. Clayton
that he should request of the Mexican gov
eminent the use Of its good offices, with
view to the fair and impartial determine
ton OF the case pending in the supreme
court. If I had complied with Senator
Bailey's request it would have been a viola
ton Of all the presidents. It would have
been disrespectful to the Mexican govern
ment and it would have been an utter dis
regard of whatever rights Bielenberg had,
because the demand was that Btelenberg's
judgment should be set aside on the mere
ex parte statements Of DR.. Scott and his
attorney and Senator Bailey, without the
production Of the record and without giving
B1elenberg any hearing.
Says Bailey's Charge Untrue.
Senator Bailey's charge that refused to
furnish an office copy Of contract inclosed
In one of Gen. Claytons dispatches is in its
substance and spirit untrue, and he knew it
perfectly well when he made the charge in
the Senate, for he had a letter in his pos
session, written by Secretary Hay on April
49, saying:
that copy of the Scott-Bielenberg con-
tract tnclosed In q dispatch from Ambas-
sador Clayton be furnished to DR.. Scott, l
have the honor to say that the solicitor In
forms me that he did. at first, express to
DR.. Scott some hesitation and doubt about
the propriety of the departments COM
plance with his request to furnish to prt-
vate parties copies Of the dispatches or of
of the United States for the mere purpose
of an attack upon him through the news
papers: yet, upon reflection and after con
sultation with, the Secretary as to the
propriety of such action by the depart
ment, it was decided. and. in the solicitor s
office and before your letter was written,
DR.. Scott was plainly told by the solicitor
that the copy requested would be fur
nished. The chief clerk OF the
department has been instructed to furnish
to Dr.. Scott copy of that Enclosure, which
he can have by calling or furnishing his
address to the department.
Senator .Bailey's Complaint.
About two weeks ago Senator Bailey
came to the solicitors office and COM
planned that Gen. Clayton, in his note to
the Mexican government. had omitted a
portion of the instruction, which stated
that there were some circumstances con-
nected with the case that seemed to indi-
cate a want OF disirterestedness and fair
ness in the proceedings in the lower courts.
Senator Bailey imputed the omission to the
sinister design of the ambassador.
II explained that Gen. Clayton had COM
municated the really essential parts Of the
instruction; that much was left to the dis
erection of our representatives in dealing
with a foreign government. Senator Bailey
answered with some heat:
81 see that you are bound to stand by
Gen. Clayton
II replied that Cen Claytons conduct
was not shown by the record to be actuated
by any unworthy motive and that would
not censure him without giving him a hear
ing. | added:
I will submit the matter to Secretary
Hay, and if he thinks that the omitted por-
ton of the instruction should be commune
Gated to the Mexican government. l will
draw an instruction to Gen. Clayton requir-
ing him to communicate It.
Senator Bailey replied that he did not
want it submitted to the Secretary; that so
far he was concerned he would not see
the Secretary or the 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.
Ambassador Clayton and the solicitor.
Bailey's Opposition to Clayton.
The truth of the matter is that Senator
Bailey set out some months ago to remove
General Clayton from his office because
General Clayton would not take instruc-
lions from him instead of the Secretary Ct
State If had Joined with Senator Bailey
in his condemnation Of Ambassador Clay
ton, whose record before the department
for fidelity, discretion and efficiency is most
excellent, he would have omitted mis- as
sauls upon me in the Senate. He says so
himself in his speech. as reported IN the
Congressional Record as follows:
Had the State Department appeared to
take proper proceedings against the Ameri-
can ambassador for his failure or refusal
to embody in his communication to the
Mexican authorities the vital point in its
instructions ! should probably never have
vexed the Senate with this question
General Clayton had been instructed to
send the substance OF his instructions to
the Mexican government and he had done
so. AS to the omitted portion, I told sena-
tor Bailey that would submit to Secretary
Hay the question whether General Clayton
should be directed to communicate that
also, and Senator Bailey said emphatically
that he would have nothing further to do
with the President or the Secretary with
reference to General Clayton.
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