New-York tribune., 1905-12-19
BTRTON CASE DISCUSSED.
Debate on Status of Senators Con-
Iicted Of Crime.
IFroua The Tribune Bureau.

,c,nitated an interesting debate in the Senate
.oaav by asking Senator Hale, chairman of the
I,or,nittee on Committees. if all the members had
soen assigned to committees. Mr. Hale replied
.ho, senator Burton. of Kansas. had been dropped
s,n, all committees a; his request. and taking
bis as his text. Mr.. Bailey proceeded to deprecate
,se action of the Committee on Committees. and
incidentally referred to the fact that no official
,nouncement had been made to the Senate of the
sestb of Senator Mitchell. of Oregon. Mr.. Bailey
maintained that 30 make it embarrassing for any
,,cn,ber Of the Senate 20 perform the duties OF q
senator. both the floor and committees,
- rob his State of representation TO which it
ntjtled and that such action was improper He
held in substance that Senator should enjoy all
the privileges of a Senator. if he had rendered
h;,seIf unworthy of retaining full membership he
sbould promptly be expelled.
senator Spooner and Senator Lodge replied to
the Senator from Texas at some length, both de-
tending the action of the Senate and of the Com
,,ntee on Committees. In of the debate it
uras clearly indicated that acquittal by the
oorrts if based technicality, would be INSULT
,ient 20 save member of the Senate from
n,,son The course of Senator Fulton in refrain
nc from announcing the death of his colleague was
sso explained and defended
Senator Spooner said he that 'sensi-
,iveness and modification, individuals but
as members of this great body. for the shame that
has come to the body not confined TO any in
dvduaI Senator either side of the chamber
He affirmed the right of every State to full repre-
sentation, and dwelt that provision of the Con-
sitution which provides that the Senate shall be
the sole judge Of its own membership.
Referring to the Senator from Kansas (Alr. Bur
,op he said he had acted with a sense of pro-
nrsery in absenting himself from the chamber pend
ing the final decision Of the courts. He was COM
neled TO believe that his due to d
sense Of propriety. At the same time, the Com
riree Committees. of which Mr.. Spooner was a
member had been relieved from great embarrass-
ment by the request of Mr.. Burton that he be
dropped from the committees
IF Kansas is deprived of the services of Sen
stor' said Mr. Spooner, 1T is not by action of
the Senate. but by the unfortunate situation In
which the Senator from Kansas finds himself. The
Senator might resign from the Senate, fight out his
hattie in the courts establish his innocence, if that
be possible. and then ask his State to send him
hack here as vindication." and Mr.. Spooner's tone
indicated that he regarded that as the proper
course as Mr.. Bailey later declared it to be.
Mr.. Spooner maintained, however, that the Sen
ate could not with propriety attempt adjudicate
the case of a Senator under Indictment while it
was before the judicial branch of the government
He referred TO the fact that Senator Dietrich. of
Nebraska. had been indicted and acquitted, and
had then come before the Senate and demanded
an investigation: that a committee composed Of
Senator's Hoar and Platt. whom Mr.. Spooner de-
scribed as ''unspeakably mourned," of himself and
Senator'S CockreEl and Pettus. had carefully re-
viewed ali the evidence. examined every witness
and had unanimously reported that the charges
against the Senator were absolutely without foun-
dation.
Senator Spooner pointed out that were Senator
compelled 10 defend himself against a Senate in
vestigaton while his criminal trial pending in
the courts he would have to disclose his whole
case. while the Senate could not disclose, even
possess. the evidence which the government had
accumulated against such Senator, which would
constitute a manifest injustice; while judgment
arrived at by q Senate Committee. and acted on by
the Senate could not influence the verdict of
common law jury.
SENATE SHOULD INVESTIGATE.
But" said Senator Spooner. ''the Senate would
be samefuIIy derelct in it's duty IL it failed.
In the case of a acquitted by jury, TO in
vestigate and pass its own judgment upon the
qualifications of that Senator TO retain his office
Referring to Senator Fulton's failure inform
the Senate of the death OF his colleague. Mr.
spooner said that MI Fulton had desired TO do so.
but had been warned by many members of the Sen
that objection would be made to any adjourn
ment other mark of respect to Mr.. Mitchell
We think he was not only excused from this
painful duty" Mr. Spooner added but if he had
done II he would have been inevitably and unneces-
sarily nficting increased pain on those who loved
John H. Mitchell. Unless the Senate had adjourned
by unanimous consent, it would lave constituted
no tribute of respect and the Senator ON Oregon
knew that there would be objection. Senator Ful-
ton refrained from making such announcement to
prevent the putting Of an additional stigma on a
member of this body while ne lay still unpdTled
In far distant State
Senator Bailey replying to Senator Spooner said
he had informed Senator Fulton that he would
object 10 any mark of respect to Senator Mitchell
Painful as 1t is 70 say it, he added, Il must
gay in justice to Senator Fulton. that told him
I would be compelled by a sense of duty to OBJ
ject to a motion adjourn out Of respect to a
Senator under indictment" Mr.. Bailey empha-
sized his belief that a Senator in Mr.. Burton's
place should resign.
SENATOR LODGES VIEWS.
Senator Lodge replying to Senator Bailey, said
in par.
As the Senator from Texas has said, this is an
extremely painful subject. But ii has been
brought before The Senate. it is here, and think
il would be most unfortunate if, from what has
public which is the least misleading as TO eX-
acty what the Senate has done or left undone.
agree with the general purport OF what has
been said by the Senator from Texas to-day.
think there has been here. naturally. and in all
kindness no doubt too much Of tendency to re-
member Senators and forget the Senate. think
- De the English practice, as the senator from
while the trial of charges against a Senator is
sti pending in courts. The Senate has been
unwilling and ] think quite naturally unwilling, TO
anticipate the action of the courts. But do not
think that awaiting the decision Of the courts af-
Senator's name off all committees of the Senate
Ehen the list made UP, especially when the
senator himself made the request that II should DO
20 think that fact separates II from the olheT
question Of awaiting not awaiting final action In
the courts
did not mean to be understood saying that
oy any means. All said that thought IL
very natural. never having had such case n the
Senste until recently. that the Senate should fol
low the English precedent. But, Mr.. President,
] entirely gro with from Texas that