The Birmingham age-herald., 1905-12-19
SENATE DISCUSSES
 IGNORING SENATOR Leaving of Burton's Name OH Committees Causes Talk DEBATE WAS NOT OPEN Senator Bailey Objected to Any sena- tors Name Being Left on the Roll
 and Omitted from Com
 mittees.
DEBATE WAS NOT OPEN

Senate is warranted in ignoring sena- tor convicted in the courts on charges Of misconduct and in not assigning him to places on standing committees, yet leay- ing his name on the Senate roll, was discussed for two hours by the Senate to- day, and then dropped without ruling on the question. Several Senate leaders took up the subject. On account of the delicacy of the question the debate was not naturally as open as would be in final determination of the matter.
 MT. Bailey raised the point by inr quiring of Mr Hale when the latter pre- sented the new list of standing commit tees whether every senator had been pro- vided with a place. MT. Hale responded that every senator except MT. Burton of Kansas had been given assignments, and that he had been left off the committees at his own request until the charges against him had been disposed of by the courts. MT. Bailey protested against any senator's name being kept on the roll unless he was given work to do, and ar gued that it is the duty of the Senate itself to Kansas and to the country to investigate the charges against MT. Bur ton, and determine whether he is entitled to a seat in the Senate.
 English Precedent.
 In response several senators called at- tention to the fact that Congress is fol- lowing the precedent established by the English Parliament In not taking cog nizance of charges against member un- til the charges had been determined in the courts. Messrs Hale, Spooner Lodge and Daniel were of this opinion. MT. Bailey calling attention to the fact that there had been five senators indicted in the last year, all on charges duplicating that crimes had been committed for money, said the time had arrived when the Senate should testify that this is mo place to come to make money dis honestly"
 He complained that senators who be- have themselves were compelled to suffer for those who do not through being sub- jected to ridicule and jests.
 Counsellng the philosophy of the stoics against attacks on the Senate as a body, MT. Daniel said that any person who would originate a plan to protect the Senate against ribald jest, would be hailed as the greatest inventor of the age. He did not think the Senate suffered un- justifiably at the attacks of irresponsible persons. MT. Teller defended the late Sen ator Mitchell, saying that it would take more than the word 'of a self-convicted thief, perjurer and forger' to convince him that Mir. Mitchell had committed crime.
 CulIom In Seat.
 When the Senate convened today, MT. Cullom was in his seat for the first time this session. He had been kept away by i'll health although performing many of his committee duties. His colleagues greeted him warmly. He took occasion to publicly deny a published report that he had been "deluged with petitions on the subject of reciprocity" He said, how ever. that he has received many personal letters urging the ratification of reciproc- ity treaties which he did not think proper to present to the Senate.
 MT. Hale said the only exception was that of MT. Burton of Kansas. who had himself asked not to be given assignment on committees pending the determination of charges affecting his conduct a senator.
 MT. Bailey questioned the right of sen ators to withhold committee assignments ana said that if a senator Is left the roll he should not be prevented from ex- erclsing the privilege of a senator. He said that when a question of the right of a senator to a seat in the Senate has been recommended that body owed 1t to the state from which the member comes owes to the country. and most of all owes It to itself to dispose of the question | without delay.
 'I am not wiling" he said 'to give to any court in the breadth of the lard tAe right to say who shall sit as a member I of this body. The constitution leaves that | to us. new senator is about to come here from Oregon. His credentials will be the first formal notice we will have of the death of his predecessor"
 Continuing, MT Bailey said that sena- tors who behave themselves ought not to be cast under suspicion by those who do not and he concluded by protesting against recognizing a senator's right to remain on the roll without having a place on a committee.
 Might Investigate.
 MT Hale contended that this was not the time to discuss the question or deter mine the right of the senator from Kan sas He explained again the action of the committee in ignoring MT. Burton in making up the list and said that any senator might present a resolution for an investigation if he cared to do 80.
 The position was taken by Mir. Teller that 1t would prove very embarrassing to the Senate if the courts should fail to convict after senator had been treated as guilty, but said it is the Senates pro- vince to deal with it's membership and that it cannot afford to surrender this right to a court. He declared the con troversy puts every senator his con science and supposing a case of a senator unjustly or wickedly convicted on a charge, said that no matter what a courts decision, he would not vote for expulsion of a member he believed to be wrongfully convicted He recognized the Senate In the treatment of it's members is following a precedent established by the English parliament and questioned the wisdom of such a procedure. In de- fense of the later Senator Mitchell, he declared the deceased during his long service had had many opportunities to en- rich himself had gone to the grave penni- less. Concluding he declared vehemently:
 "lt will take more than the word of a self-convicted thief perjurer and forger to convince me that the late Senator from oregon was guilty of the charge of which he was convicted"
 Ten indictments.
 Tn the last ten years there have been ten indictments of senators, and all of the indictments imply that the crimes have been committed for money, It is time the Senate is testifying to the world that this is no place to come to to make money dishonestly.'
 MT. Bailey argued that the Senate and the courts could not have conducted in yestigations or trials of senators at the same time and supported the Senate's pro- cedure in following the English custom of waiting for final disposition by the courts of charges against members of the national Parliament or Congress.
 Answering criticism that had been made by MT. Bailey, Mir Daniel said that any person who would originate any plan to insure senators against ribald jests would be hailed as the greatest inventor of the age, and he desired to be one of the first subscribers to his discovery. II d baf ou