Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-12-18
Senate Committee Announce
ment Leads to a Debate.
DEFENSE OF MITCHELL
MR.. TELLER DECLARES BELIEF IN
HIS INNOCENCE.
Why the Usual Mortuary Resolution
Was Not introduced - Mr..
Bailey's Criticism.

The presentation OF the list of standing
committees led to an animated discussion
IN the Senate this morning. Mr.. Teller, dis
cusslng the relation of Senator Burton (who
had not been given an assignment on his
own requesD to the Senate. took occasion
to speak in complimentary terms of tho
late Senator Mitchell of Oregon, declaring
his belief in the innocence of the late sem
ator. Mr.. Bailey said that the Senate It.
self should investigate the charges made
against senator's. and 1t would then avoid
having cast any stigma upon an honest
man If the situation was as described by
Mr.. Teller.
After the Senate had agreed to the House
joint resolution providing for adjournment
from December p to January 4. Mr.. Hale
presented the list of standing committees.
Mr.. Bailey asked IL every senator had been
assigned to committees and IL not why not.
Mr.. Hale said the only exception was that
of Mr.. Burton OF Kansas who had himself
asked not 10 be given assignment on COM
mites pending the determination of charges
affecting his conduct as a senator.
Rights of Senators.
Mr. Bailey questioned the right of sem
ators to withhold committee assignments
d
rolls he should not be prevented from exer-
cisng the privileges of senator. He said
that when a question of the right of sem
ator to seat in the Senate had been raised
that body owes IT to the state from which
the member comes. owes 1t to the country,
and. most of all, owes tito itself to dispose
of the question without delay. II am not
willing" he said ito give to any court In
the breadth of the land the right to say
who shall sit as member of this body.
The Constitution leaves that to us. A new
senator is about to come here from Oregon.
His credentials will be the first formal
notice we are to have OF the death of his
predecessor"
Continuing. Mr. Bailey said that senators
who behave themselves ought not to be cast
under suspicion by those who do not and
he closed by protesting against recognizing
a senator's right to remain on the roll with
out having place on the committees.
Mr.. Hale contended that this was not the
time to discuss the question or to determine
the right of the senator from Kansas. He
explained again the action of the committee
in ignoring Mr.. Burton In making up the
list and said that any senator might pre-
sent a resolution for an investigation IL he
cared to do SO. s-sr
The position was taken by Mr.. Teller that
It would prove very embarrassing to the
Senate If the courts should fail to convict
after senator had been treated as guilty,
but said that 1t is the Senate's province
to deal with its membership, and that II
cannot afford to surrender this right to a
court. He declared that the controversy
puts every senator on his conscience and
supposing a case of a senator unJustly or
wickedly convicted on a charge, said that
no matter what courts decision he would
not vote for expulsion of member h,s be-
heved to be wrongfully convicted He rec
ognized that the Senate in the treatment of
It's members. is following precedent estab-
hshed by the English parliament. and ques-
toned the wisdom of such procedure
Defends Senator Mitchell.
In defense of the late Senator Mitchell,
he declared that the deceased during his
long service had had many opportunities to
enrich himself. but had gone to the
grave penniless. In closing he declared We
hemently: at 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"
Mr.. Lodge declared that there was no
rule of the Senate declaring that notice
snail be taken of the death Of the senator
ana defended the action of the Senate in
its treatment of Senator MtchelPs death
and or the committee on committees in It's
treatment of Senator Burton
MT Spooner agreed with many of the
Criticisms OF the Senate's procedure and
said that only one man could relieve the
senate OF its embarrassing situation and
thdt man was Senator Burton himself
Committees Course Upheld.
Mr.. Spooner therefore defended the course
or the committee. The case of Senator Diet
rich of Nebraska had been referred IN ard
MI Spooner reviewed the case. saying that
Senator Dietrich had not asked for vindica.
ton by the Senate until after he had been
cleared in the courts Taking this nrocaa,r.
as basis for his argument Mr. Snooner
SAID II would be unfair for the Senate TO.
ASK a member for all of the evidence he
nau Tor his defense prior to the use of
that evidence in the courts
defeat in the Senate. said Mr.. Snoone-T
"oulu nave crushing influence In the court
aho might convict an innocent man He
agreed that there was every reason for the
Senate to follow the English rule In rela-
tion to vacating the seat of a member
charged with some offense, the Conviction
or which would disqualify him from mem
peIshlp. Mr. Spooner said that Senator
FuIton consulted senators In regard to pro-
cedure In the case of the death of his col
league and received advice which moved
him not TO make the usual announcement.
n ne had made this announcement" said
MI. Spooner, lit would have served to in
tenstfy tragedy and bring additional sor-
row to those who loved John H. Mitchell,
Tor IL was known there would be an oppo-
sition TO the usual resolutions calling for
eulogies."
Conferees on Canal Bill.
The Vice President interrupted the debate
to lay before the Senate the message from
the House disagreeing with the amendments
OF the Senate on the canal appropriation
bill Mr. Allison moved that the Senate in
sist upon the amendment and agree to
the conference asked for. His motion was
adopted and Messrs. Allison, Hale ana
Teller were named as conferees.
Mr.. Bailey's Contention.
Mr.. Bailey said that the Senate had been
DETAINED by many persons, and cheap play
writer's In cheap theaters were applauded
when they called senator's '.grafters" 1t
was true there were acrimonious debates
between the parties, and the republicans
were often tempted to believe the demo-
Gratis were demagogues and 1--WE are often
tempted TO believe that you are controlled
by corporate corruption" but Sc ieusiy he
did not believe that any one senator be-
lieved that more than four senator's were
corrupt
When a senator felt sense of delicacy
which prevented him from appearing in the
Senate he ought to resign. II vfndtcated
of the charges against him, his constjtu-
ents would give him vindication also.
Should Resign From His Seat.
Mr.. Bailey declared 1t the duty OF sem
ator charged with wrongdolng not only to
absent himself from, tba r,eatfpge of the