The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-19
CALL TO DUTY.
Senator Bailey Of Texas Points
Out to His Colleagues
The Inconsistency of Mr.. Bur-
toms Position.
SHOULD WORK OR QUIT
1t Is the Senate's Business to
Decide His Case.
Without Waiting for It's Deter
minatiOn in Court.
SHOULD WORK OR QUIT

speech QellVereQ after various senators +
had attempted to defend the action of
the senate in eliminating Senator Bur-
ton from participating in the business
Of congress and yet permitting his name /
to be carried on the rolls, Senator Bailey +
Of Texas took a more positive and ag- /
gressive position than in his first speech I
which precipitated the debate. In one 7
paragraph he declared that If under I
such circumstances a senator viii not I
resign, the senate ought either to re-
move him from the sense of duty which I
keeps him from the chamber or else it /
ought to relieve the senate from the /
representation of a man who is not al +
lowed to exercise the rights and priVi- i
leges of his great Office Discussing the +
public estimate in which the senate is (
held. Mr.. Bailey said:
None of US can be unmindful that
throughout the length and breadth of
this land we are daily called upon to
answer at the bar of public opinion
why we do not call senators to answer 4
at the bar of the senate"
throughout the debate the senate gal !
leries were crowded and Justice Harlan
remained in the senate chamber from
/ the opening of the session until the sem /
ate went into executive session, and a
score or more of Representatives also
were in the chamber Senator Long left
his usual seat and sat in a chair ad-
/ Joining that occupied by Senator Bur
/ rows of Washington, the chairman of
the committee on privileges and cleo
lions. and from time to time these two
held earnest consultations.
Developments indicate that at any
| time resolution may be passed calling
Senator Burton before the bar of the
senate. In setting forth his position in
detail, Senator Bailey said.
Bailey's Speech.
L admit the right of no court to de-
termine who may or may not sit in this
chamber. Indeed, Mr.. President, [ my
/ self can easily conceive a case Where
! senator might be acquitted on a cTimi-
/ nal charge and yet be expelled from the
senate. suppose he pleads the statute
of limitations would unhesitatingly
/ eXpel a senator who had stood in court
and protected himself against an indict-
ment by pleading the statute Of linita-
/ lions can also conceive a case where
/ a senator might be convicted in court
/ and / would be SO well satisfied of his
/ innocence that I would leave his vacant
/ seat as a protest against the tyranny of
/ his accusers.
II can conceive of a time of great
I popular prejudice, when the public mind
might be stirred to its profOundest
1 depths, when party rage might run so
! high that they should seize an innocent
/ man who had the courage to refuse to
/ obey the behest of popular clamOr,
/ who might be indicted and convicted of
/ a crime. Such a senator convicted I'M
/ der such circumstances might be an
4
it an honor to occupy a seat beside his
! vacant chair. I do not admit that
| court either in one case or in the other
can settle a case which we ought To set
/ tie for ourselves.
Mr.. President and senators, am moi
! representative, and perhaps L am some
/ times more Indifferent to the criticism
with which this senate is assailed than
a senator ought to be; but none of US
| can be unmindfuI that throughout the
/ length and breadth of tNi~ land, in pull
pit and press, we are being daily called
| upon to answer at the bar of public
! opinion why we do not call on senators
| to answer at the bar Of the senate.
/ Within two years fippant and thought
less men have done more to diminish
the respect in which the senate has been
held by the public for more than a
/ century than in any other 20 years of
| the senate's existence.
1.-THE Good Old Days"
In civil war times the practice of ap-
pearing before the department in the ca
pacity of attorneys Nnd the practice of
appearing before cOurts-martial ad be-
come so common on the part of members
and senators that congress was compel
ed by self-respect and in obedience to n
public demand to enact that statute. Yet
not long ago, I heard Of an eminent min
lister denOuncing the senate of today as
more corrupt than ever before in its his
tory and lamenting that the COOL old
times could not come back again, the
times in which giants lived. He ciCcd
/ congress during the very struggle ont
of which that statute grew. fOrgetful of
the fact that the greed of the senators
then needed the restraining prohibition
of law. That cannot be said of many
senators today.
1--WE have our differences. I have no
doubt that on that side Of the chamber
you have been tempted sometimes to
think that on this side we are dema-
gOgues, and I know that on this side
we are sometimes tempted to believe that
you are mere creatures of corporate
greed. But in sober earnestness, there
is not one senator in this chamber today
who believes that there are four other
senators actuated by other than high
and lofty purposes. Yet you have fallen
to the point that even in the common
playhOuses of the country, where cheap
play writers stage cheap PLAYS when
senators are described as grafters the
public applauds. This ought not to be:
this shall not be with my consent.
The Safest Rule.
Il believe the rule-the best and safest
/ rule-is that when a senator finds him
self compelled by a sense of delicaCy
towards his associates to absent himself
from the chamber, he ought to resign
and give his people chance to fill his
place while the case against him pro-
ceeds; and unless he represents a con
stituency unlike any that I have ever
known, if he can Vindicate himself
against the charge they will call him
back into their honorable service with
renewed devotion to him. But if under
such circumstances the senator will moi
resign the senate ought either to relieve
him from the sense of delicacy which
. keeps him from the chamber or else il
, ought to relieve the state from the repre-.
, sentation Of a man that it viii not allow
to come and exercise the rights of hi.
! great office