Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-02-08
AN EXPLANATION
BY SENATOR KEARNS
Rises to a Question Of Personal
Privilege Concerning His Vote
On Bard Amendment
RECORD SHOWED He FAVORED IT
This Was Wrong, He Voting Distinctly
Against it--Senator Smoot Called
His Attention to Error.

Washington, Feb, sly esterday's con-
test found an early echo In the pro-
coedings OF the senate today in the
shape Of a personal explanation by Mr..
Kearns OF his vote on the admission OF
New Mexico as separate state.
Immediately after opening prayer MIR.
Kcarns took the floor and said:
u rise to a question Of personal
privilege. In the first vote on the
amendment ~ the senator from Cali
fornia tMr, Bard, last evening, / voted
nay IN a distinct manner IL appears
the clerk misunderstood me and | was
numbered among those fayorng the
amendment My colleague called my
attention To the error and ! was on the
point Of correcting II when & was
suggested | could do so on the vote
10 concur In the amendment before the
final passage Of the bill, In case the
amendment should be adopted. This
course ! pursued,
The seriousness Of this matter ala
not impress itself upon me until this
morning when / read in the public
press the statement that ] 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 / deny
IN the most positive manner Such n
proceeding / would not countcnance
nor be q party TO- My word had been
given the managers OF the bill that
would support their measure and
would not have played them false for
the whole territory Of Arizona.
III this be the proper time Mr. Pre7l-
dent, | desire 20 have the record cor
reCted as far as Il relates 10 my vote
upon the amendment Of the senator
from California in accordance with this
statement
The statement had the effect Of bring
ing a number Of senators to their feet
and 10 call out from them "a number
OF statements as 10 their understanding
Of the Utah senator's vote. Tho FIRST
Of these was made by Mr. Nelson, who
sits near Mr. keaus in the senate, who
said;
u was sitting near the senator from
Utah when he voted, and heard him
vote no distinctly" He added the con-
vlction that an the other senators sit
ting near had heard as he did On the
other hand, Mr. Foraker sitting some
what further away, received an OPP
posite impression He said that he
had been keeping q tally and had dis
tinctly heard Mr. Hearns vote I'm the
affirmative 1T was a clear aye" he
said land I found that other senators
sitting near me received the same inn
preston"
other senators sustaining Mr., Nell
sons view were Mcssrs Quarles, Clapp.
Kittredge, McComas, Scott and Du-
bols. while Messrs. Gallinger. Hans
brough. clay and German stated that
they had heard the vote In the afiirma-
tive, and an expressed the conviction
that the record OF the clerk was just
tiled
Mr. German made the point that Mr..
Kearns had allowed the opportunity
afforded him yesterday TO correct his
vote TO lapse, and said that all the
senators sitting about him had under
stood Mr. Kearns 10 vote as recorded.
Mir Hale also took the view that Mr..
Kearns should have made his correction
yesterday. lie said that after the roll
call the vote had been read aloud and
that Il was iuconcelyahle that every
senator did not watch the reading Of
the vote ON a close ballot like that Of
yesterday 20 see that he was correctly
recorded
with Mr. 1ale's statement the Incl
dent was allowed 90 drop
Mr. Warren presented the credentials