The Washington times., 1905-11-19
IND|CTEDS' SEATS
ARE IN QUESTION
Three Senators Expected to
Remain Away.
HERMANN'S STATUS DOUBTED
Constitutional Questions Arise About
His Immunity From Arrest and
Exclusion From House

The cases Of Senators Mitchell, Bur
ton, and Smoot. and Representative
Hermann are attracting much inter
est as the opening of the Congress
session approaches.
What course these statesmen win
adopt with reference 10 assuming the
right of continuing in their Legislative
seats. and what their respective houses
may be moved to do about it in various
contingencies, afford subject for much
speculation.
Senator Mitchell. 1t Is reported from
the coast, may come to Washington a.
any time now TO consult with his at
tOrney, Former Senator ThurstOn, con-
cerning the appeal Of his cases. It is
further said he viii not resign, Du@ ne
does not Intend 20 make an ef1ort 10
serve IN the Senate, despite that ne
could legally do so pending the de-
cision OF his appeal.
Harvey Scott May Come.
Governor Chamberlain. Of Oregon.
out with demand that Mitchell re-
sign. and has promised that. in sucI
case ne viii name Harvey Scott. OF
Portland, proprietor of the Oregonian,
TO fill the vacancy. It SO happens that
Mitchell regards Scott as the chief
cause OF his troubles, and. Oregonians
say, he will never get out 10 make
way for the editor who pushed the land
fraud cases and helped force them. 10
trial.
Representative Hermann. formerly
Commissioner Of the General Land Or
hce is under some indictments. but has
not yet been convicted Of anything. Con
cerning his status, curious question
has been raised.
The Constitution grants Immunity from
arrest TO members OF House or Senate
during the sessions OF Congress, ana
while on their way TO attend such sit
1lngs. This was originally provided IL
order that il might be impossible 70 IN
terfere by trumped-up legal action with
the attendance.
Query on Hermann.
Now It Is said that if Representative
Hermann once starts for Washington TO
attend the sessions. he win he exempt
from arrest, and entitled 10 sit through
the session Ia security against arrest.
His trial. when 1t comes. VIII be held in
this city rather than IN Oregon.
However, II is necessary for Mr.. Her
man TO get sworn Ia before he viii be
assured OF immunity from arrest and
there Is some question whether the
House would permit the oath &c
be administered to him without a pro-
test
As TO Senator Smoot. report is thai
he may resign his seat without waiting
1oI Atit builo SoinIl4llSo 70 emu ~
case. The Gentfies gained some decid
ed victories in the recent elections Il
Utah. and his partisans. il Is reported
feel that more might be lost than gaines
By continuing the contest for his seat.
Senate Embarrassed.
The Senate committee would be le
out OF a difficult position should he re
sign. for while il is difficult TO disc0ve
satisfactory legal reasons for expel1ini
him. public opinion strongly demand
II that 10 retain him IN the seat woul'
be almost impossible. The opposition l.
getting more active than ever.
Senator Burton. according to reports
viii not undertake TO resume his Sen
atoriai seat pending his re-trfal but
IS also understood in Kansas that h
viii not resign.