The sun., 1905-12-19
SENATESHOULD LDPURIFY ITSELF
vB BAILEY REFERS TO THE CASES
OF MITCHELL AND BURTON.

hOilIS to-day lultSHlnB OllJ lIl5 cases
~ the late Senator Mitchell and Senator
burton Of Kansas. The subject came
IN when the report or the Committee on
committees was submitted in the Senate
hv Mr. Hale Rep., Me-. Mr.. Bailey Dem.,
Tex n incurred if the list included the names
NJ all Senator'S who were on the rolls, and
ifnot, why not.
MIR, Hale replied they included all except
Burton Kansas), who had requested his
name left of.
Mr. Bailey then raised the point that
the Senate ought to have acted upon the
cases of Burton and Mitchell. If they
were Senators they should have been
treated as such and Burton given COM
nittee assignments and Mitchell eulogzed.
II they were not eligible to sit in the Senate
the Senate ought to have determined the
matter without waiting on the courts.
Mr.. Bailey declared that the Senate
was the Judge of whether Senator had a
right to retain a seat on the floor. He
thou ght the Senate ought not to deprive
State of its equal representation under
the Constitution. He referred to the case
NJ the late Senator Mitchell Of Oregon,
and said that no notice had yet been taken
NJ his death; that the first notice the
Senate would have of his death would
he when the credentials of his successor
we're presented.
Mr.. Hale (Rep., Me- said it was not the
time or place to discuss the fundamental
principles involved in the right of Senator
10 remain in his seat under circumstances
as tho q which surrounded Senator Burton.
Mr.. Hale throught Senator Burton's request
10 he left off committees was in good taste.
He did not believe the Senate ought to act
on the case pending final action Of the
courts.
Mr.. Teller Dem, Col) said action in the
Burton case has been exactly like that of
most foreign countries, and especially of
Great Britain. He said it might be very
embarrassing proceeding to take action on
the case before the courts had disposed OF
it. His first impression was that the Burton
case was not within the statute, but first
impre ssions are not always best for lawyers
to base final conclusions upon.
But whether the courts had held the case
within the statute or not he would have
hestated before voting to expel the late
Senator Mitchell.
Il would put against the evidence of self
confessed perjurers, forgers and thieves
the long years Of his service here to his
State and to the whole people said Mr..
Teller.
As he proceeded he paid tribute TO the
dead Senator and expressed his belief in
his honesty. He said Mitchell died poor.
He gave long years Of honest work to the
public service.
MIR Lodge (Rep., Mass) said he thought
the Senate had acted properly. Human
nature was weak. The death OF Senator
Mitchell was a matter of which the Vice
President and clerks of the Senate would
take judicial notice, and under such circum-
stances it was not necessary to announce
the death on the floor. He referred to the
Senators who had died in vacation OF whose
deaths judicial notice was taken and whose
names were left off the rolls OF the Senate
before the usual announcement OF death
was made on the floor. Mr.: Lodge said he
was inclined to agree with MIR. Bailey That
the Senate ought to act upon the cases OF
Individual Senators regardless OF the
courts to preserve the good name OF the
body
Mr.. spooner Rep., Wis).-It's happy
thing that only two cases OF the kind have
arisen in the history of the Senate. In part
agree with the Senator from Texas that
the action Of the committee in leaving Mr..
Buton's name off the committees is anoma-
lous. 1t rather shocks ones sense OF justice
to see Senator placed on trial before two
tribunals at the same time for the same
offence. l think the Senator from Texas
himself would hesitate before ordering an
investigation and expulsion from the Senate
Of member of this body as soon as he was
indicted and in advance OF action by the
court. Indictments are often founo on
mere public clamor.
Mr.. Spooner commended the course OF
Mr. Fulton Of Oregon in failing to make
announcement Of Senator Mitchelrs death.
He said that If the resolution had been pre-
sented there would have been objections
and would have given added embarrassment
10 the sorrowing family.
Mr.. Bailey said he wanted to cheerfuly
take his share Of responsibility for Mr.:
Futon's failure to announce the death OF
Senator Mitchell. He had told him that he
Bailey would have voted against the
resolution and had told Senator Fulton as
much.
b Mr. Bailey said the action of the Senate
on the qualification Of Its members was
an entirely different proceeding from that
tuition contemplated the difference between
the action of the Senate to relieve the coun--
try Of an unworthy public servant and
the proceeding in the court to convict the
same man Of crime. He said tnat IN
was being called to the bar Of public opin-
Ion for its failure to purify itself. The
Senate's influence had been greatly dimin-
ished by the idle jokes and quibs OF the
le't few years. In cheap playhouses cheap
whenever they referred to Senators as
'grafters" were applauded by the people.
Mr. Bailey said the statute under which
Burton and Mitchell had been indicted was
passed to put an inhibition upon the prac-
tice of Senators and members appearing
In cases before the departments The
practice had grown up during the war
This proved that Senators were as bad, or
worse, in those days than now. He said
the character Of the Senate was never
higher in its history than to-day, but he
thought the Senate ought to be, relieved
from the cheap jokes and jibes that were
daily being showered upon it, and the way
to relieve it was for the Senate to take action
to purify itself.
Mr. Daniel Dem. Va) endorsed all that
Mr.. Spooner had said and was opposed to
action by the Senate while judicial trial
was in progress
After the talk had ended there was
general feeling Of relief in the Senate cham
Der over the way the atmosphere had been
cleared. 1t was made apparent that the
Senate is practically unanimously OF the
opinion that while it should take no action
against one of its members on trial for a
criminal offence in a court OF law until
the case had been finally disposed OF, the
fact that Senator had been convicted OF
a felony was sufficient ground to justify
Keeping him from performing his official
duties pending the adjudication OF his
ApTaal or To raf,,aa in the ayant Of his death