Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-08
His Attitude on the Admis-
sion of New Mexico.
THE BARD AMENDMENT
HE DECLARES THAT He DISTINCT
LY VOTED NAY"
Senator Nelson and Others Corroborate
the Utah Senator's Statement
Others Impressed Differently.

Yesterdays contest over the statehood bill
found an early echo in the proceedings OF
the Senate today in the shape of personal
explanation by Mr.. Kearns of his vote on
the admission of New Mexico as a separate
state.
Immediately after the opening prayer Mr.
kearns took the floor and said:
Il rise to question of personal privilege
In the first vote on the amendment of the
senator from California (Mr. Bard last
evening l voted nay in distinct manner.
1t appears the clerks misunderstood me, and
1 was numbered among those favoring the
amendment. My colleagues called my at
tention to the error and I was on the point
of correcting it when it was suggested
could do so on the vote to concur in the
amendment before the final passage of the
bill, in case the amendment should be adopt
ed. This course 1 pursued
THE seriousness of this matter did not
impress itself upon me until this morning,
when l read in the public press the state
ment that l had voted for the amendment
in order that might force the managers OF
the bill to accept my amendment ceding the
Arizona strip to Utah. This l deny In the
most positive manner. Such a proceeding
would not countenance nor be a party to.
My word had been given the managers OF
the bill that would support their measure,
ana l would not nave played them IaiSe IOi
the whole territory of Arizona.
IF this be the proper time, Mr.. President,
1 desire to have the record corrected as far
as it relates to my vote upon the amend
ment of the senator from California in ac-
,ordance with this statement
The statement had the effect of bring
ing a number of senators to their feet
and to call out from them number of
statements as to their understanding of
the Utah senator's vote. The first of these
was nn., do h,-M Mr. WIN G
Mr.. Kearns in the Senate, who said: Il
was sitting near the senator from Utah
when he voted and heard him vote No
distinctly
other senators sitting near had heard as
he did.
MI. Foraker Heard Aye.
On the other hand. Mr.. Foraker, sitting
somewhat farther away, received an OPP
posite impression. He said that he had
been keeping a tally and had distinctly
heard Mr.. Kearns vote in the affirmative.
1T was a clear Aye" he said, "and
found that other senators sitting near
me received the same impression"
Other senators sustaining Mr.. Nelson
view were Messrs; Quarles, Clapp. Kilt
redge, McCOmaS, Scott and Dubois, while
Messrs. Gallinger Hansbrough, Clay and
German stated that they had heard the
vote in the affirmative, and all expressed
the conviction that the record of the
clerks was justified.
Mr. German made the point that Mr..
Kearns had allowed. the opportunity af-
fOrded him yesterday to correct his vote
to lapse. and said that all the senators
sitting about him had understood Mr..
kearns to vote as recorded.
Deems Correction Too Late.
Mr. Hale also took the view that Mr..
Kearns should have made his correction
yesterday. He said that after the roll call
the vote had been read aloud, and that it
was Uncomfortable that every senator did
not watch the reading of the vote on a
close ballot like that of yesterday to see
that he was correctly recorded"
With Mr.. Hale's statement the incident
was allowed to drop.
'Mr. Warren presented the credentials of
his colleague, Mr. Clark, for the term be-
ginning March next.
Memorials from the legislatures of Col
orado and North Dakota praying for
legislation looking to the fixing of rail-
road rates were presented and read.
The Addition to Utah.
When the Senate returned from the
House, where the electoral vote had been
counted Mr.. Bacon stated that the kearns
amendment attaching that portion of Ari-
IONA north of the Colorado river to Utah
was incorporated in the statehood bill, as
1t was prepared for transmission to the
House. He asserted it should nave been
stricken out.
Mr.. Lodge said the ma tier could be cor
rected only by return of the bill. The
Serate then went into executive session.