The Birmingham age-herald., 1905-02-09
Says He Voted Against New MtxicOS Separate Statehood
SENATE HEARS DIFFERENTLY
Some Members Heard the Vote One Way and Others Another-Mr. German it is Too Late Now
 for Convention.

Washington, February s.-The Senate today received from MT. Kearns a dis- clalmer of the vote in favor of separate statehood for New Mexico. which the rec ords for yesterday credited him with. lie said that he had been misunderstood by the clerks and that he had voted against the provision. Several senators corrobo- rated his statement, but a number as- serted that they had understood him to vote for the amendment The Senate spent almost an Hour in connection with the House of Representatives in canvassing the presidential vote, and the remainder of the session was devoted to executive business.
 After the Senate returned to it's own chamber, Mir. Bacon took the floor on a point of order concerning the status of Mir. Kearns' amendment to the statehood bill for the annexation of a part of Ari- zona to Utah. He said that the bill as prepared for transmission to the House includes that amendment while he con tended that that provision had gone out with the other provisions relating to Ari- zona and New Mexico under his Lotion.
 MT. Lodge said in order to correct the mistake, if 1t Is such. 1t would be neces- sary to recall the bill
 Without determining the point the Sem ate went into executive session and short ly after adjourned until tomorrow.
 Immediately after the opening prayer MT. Kearns took the floor and said: Mr. kearns Explains.
 q rise to a question of personal privi- leges. In the first vote on the amend ment of the Senator from California. Mir. Bard last evening l voted nay in a distinct manner. It appears the clerks misunderstanding me and was numbered among those favoring the amendment. My colleagues called my attention to the error and I was on the point of correct Ing 1t when it was suggested l could do so on the vote to concur in the amend raent before the final passage of the bill in case the amendment should be adopt l 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 l the statements that I had voted for the amendment in order that I 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 q proceeding l would not countenance nor be party to. My word had been given the managers of the bill that l would support their measure and l would not have played them false for | the whole territory of Arizona.
 If this be the proper time, Mir. Presi- dent, l desire to have the record correct- ed as far as 1t relates to my vote upon Q California in accordance with the state ment."
 The statement had the effect of bring Ing a number of senators to their feet and to call out from them a number or statements as to their understanding or the Utah Senator's vote. The first or these was made by MT. Nelson. who sits near MT. Kearn's in the Senate. who said:
 q was sitting near the Senator from Utah when he voted and heard him vote No No distinctly" he added the con viction that all the other senators sit- ting near had heard as he did
 Foraker Had Another Impression. On the other hand, MT Foraker. sitting somewhat farther away, received an op- posite impression He said that he had been keeping tally and had distinctly heard MT. Kearns vote in the affirmative Tt was a clear 'aye,' he said, and I found that other senators sitting near me received the same impression" Other senators sustaining MT. Nelson's views were Messrs. Quarles, Clapp, Kit trtdge, McComas, Scott and Dubois, while Messrs Gallnger, 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.
 MT. Gorman made the point that Mir 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 MT. Kearns vote recorded.
 MT. Hale also took the view that MT. Kearns should have made his correction yesterday. He said after the roll call the vote had been read aloud and that 1t was 'Inconcelvable that every senator did not watch the reading of the vote on d close ballot like that of yesterday to see that he was correctly recorded.' With Mir Hale's statement the incident was allowed to drop.
 MT. Warren presented the credentials of his colleague, Mir Clark, for the term beginning March next