New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-03-29
SENATE WILL GO SLOW.
No fiction TO Be Taken Until Bur
toms AppedI Has Been Decided.
TFRoM THE TRrrr,,B n~7EAu.l

4
TFRoM THE rprrr,-B n~7EAuI
washington March 2S-NIembers OF the senate
heard with some regret that Senator Burton. Of
Kansas. had been found guilty by A jury IN s.
Louis all the counts o. the Indictment against
him While there were few expressions uf sym
rathy with Air. Burton on personal grounds. tho
disgrace of having a member Of the upper cham
her convicted % having wifuny violated a. United
States statute relating 10 his Office as Senator
made a deep impression on his colleagues.
Considerable discussion has already taken place
as 10 the effect Of the conviction of the senior
Senator from Kansas. and an interesting point Of
law IS likely 10 arise. The statute under which
Burton stands convicted provides that:
Every person offending against this section
dc-eu forever thereafter incapable Of holding any
Office ~ homer. trust or profit under the govern
ment of the United States.
In the opinion OF some Senators this statute
operates automatically. and conviction and SEN
re1ce Hereunder would render Buttons seat IN
the Senate vacant IN the opinion OF others. how
ever the provision above quoted cannot be literal
" construed. as It Is held by them that a
5ority OF Congress cannot enact any law which
shah delegate TO any other authority than the
Senate the power vested I'm the Senate by the
Constitution. which provides;
Each house may punish Its own mem
hers for disorderIy behavior. and. with the con-
currenco OF tyvo-thirGs, expel a member" and in
the case Of impca chments: And no person shall
be convicted without the concurrence OF tro-thirds
OF the membership present
j. IS pointed out that under certain conditions
precedent for the forfeiture by a Senator OF his
seat IN that body on conviction by any court
III appealed through the court OF last resort might
prove most deroEatory to the integrity OF the Sem
ate IL is maintained. therefore. that II the anal
decision o. the courts that Burton IS guilty. as
found by the 5Ury which rendered its report to-
day, the Senate VIII be compelled to take formal
action and Cxpcl him II is, OF course admitted
that the confinement OF member Of the Senate n
the penitent:ary without his having been so ex-
PEELED would he an Noticeable and preposterous
Rna1hronisu. AS Burt0n's counsel has already nIed
application for a retria. Rcticn VIII be taken
by the Senate IN the immediate future
Reference 70 a compilation OF Senate election
from 1883 to 1893 shows no expulsion for con-
viction OF a crime although there have been in
stances where members Of the Senate have resigned
before action charges The first expulsion from
the Senate for any cause that Of william
Flount. who was Senator from Tennessee from
1885 70 1893 special Investigating COMMITTEES
found him guilty Of the authorship q letter capa-
BE Of various constructions but which. IN his own
mind. according 20 The letter. appeared 20 be "i1-
consistent with the OF the United States
and spain" lie was found guilty OF high INSIDE
mearor, and resolution OF expulsion adopted
by a vote OF 3 10 l.
Tor completely II TIE Burr conspiracy an action
was brought 10 expel John Smith. a Senator from
1 Ohio from October q. 1903. Until be resigned. on
April % ISIS. Indictments had been found against
Senator Smith In the courts OF Virginia, but hs
was not convicted When the resolutions for ex-
pulsoa were reported to the Senate the VOTE after
long dictate re--lte5 IN - ayes and 10 noes Two
tlfcs or the senate not coIcuIglnS therein he was
1 Several southern Senators were expelled when
/ Jesse D. Bright Senator from Indiana from
AlAFal Z, -e4s, 10 FEBRUARY . le was eXp PEELED on
4 II wac shown that he had written letter % JET
fersCu Davis. President OF tho ColfeGeracy intro
/ duclrs Texan. whose business was TO dispose Of
/ a. li-loroFeIieilt ~ nreaJms ,.,.
! another case where "a Senator resigned without
! final action AaEius been taken on charges against
! him is that Of James +. simmons. who. while A
+ senator from Rhode Island. resigned IN august,
-ea- Under charges alleging that he had received
. compensation on government contracts Near the
enc y Az 1ln-o5s's second term resolution was
/ t.L-+-.eL l.-at ne 5a expelled. lhe preamble
stated itat a. appeared from "a report of the com
+ mlttee that AR Simmons had exercised his Of
. .--.- 4-ii-eiee % procure an pf4er authorizing a
4 certain person 90 manufacture rifles iu behalf OF
the government. and that Mr. simmons had agreed
70 reeve HN,'" t- compensation Tor such service,
and that be- already had received two promissory
Judiciary reported that the facts were substau-
la-F as given that such practice is entirely in
Senator Of the United States 10 have acted thus,
even Whtn the government sustained loss there
+ promptly passed law making r. a penal oraDcs
act which al The time OF its commission was not
active. The committee unanimously reported the
resolution, accompanied by the statement Of facts
50 that the Senate might take such action as Il
5olTned after the report was made, and Mr.. sim
mons resigned from the Senate before the next
James W Patterson. senator from Nevr-FTarnp-
charged with bribery AZ the result ~ s,-i5avco
[7 .I a seeIet committee Of ne House OF Rep
% bribery % members % that body L was limos
session when Il vas made and M Per+ere-r,.,
term Expired before the INQUIRY had been made.
was COMPETENT for the senate to act after Mr. =
Patterson had ceased TO be member