The Birmingham age-herald., 1905-12-09
senate,s Predicament.

Washington, December S.-News of the death of Senator Mitchell of Oregon came as a great surprise to the capital His illness had been of such recent date and so little was known of 1t that notice of his death came to the senators practically without warning. It raised a delicate question as to the duty of the senators towards their late associate.
 Ordinarily, when member dies, a com mittee is appointed to represent the Senate at the funeral services, and at the earliest opportunity the colleague of the deceased member formally gives notice Of the death and announces that later he will make more extended remark: The senate then adjourns out of respect to the memory of the deceased.
 After numerous conferences today be- tween prominent senators and Sergeant-at- Arms Ransdal. the point was raised as to whether the Senate would be warranted In following sthe usual programme in the case of the Senator
 It was argued that at the time Of his death, he stood convicted of an offense under the federal laws, and in violation of his oath as a Senator of the United States. On the other hand 1t was pointed out that the Senate has not been notified officially of his conviction and that judg- ment had been arrested by an appeal to the supreme court of the United States and that the highest court had not passed upon the question of his guilt or inno- cence At a late hour tonight Vice Pres- dent Fairbanks had not appointed the usual committee and the impression pre- vailed that he would postpone action un- til the Senate convened on Monday
 Senator Fulton, colleague, of Senator Mitchell of Oregon, will announce the
 l.-I t1,. ate meets on Monday but it has not been determined whether he will ask the Sen ate to adjourn as a tribute to Senator Mitchell.
 There is no precedent for the guidance of the Senate.
 Sketch of Dead Senator.
 John Nipple Mitchell was born in Wash ington county, Pa, June 22, 1885. During his infancy he was taken by his parents to Butler county, where he was reared on farm. He secured the rudiments of an education at district school, and when aged 17 began teaching to secure means to pay his tuition at Butler acad- emy from which he later graduated. He practiced law in Pennsylvania until April, 1860, when he went to California, locating first at San Louis Obspo and later at San Francisco. In July of that year he came to Portland. The energy that has characterized his entire career caused his election on the republican ticket as town counsel of Portland in 1861. The next year he was elected to the state senate. He failed of election to the United States Senate in 1866 by one vote. He had formed law partnership in 1862 with the late United States Senator J. N Dolphen, which continued until 1873, when Mir. Nit chell was elected to the United States Senate. A democratic legislature in 1879 failed to return him to the Senate.
 He engaged in the practice of law in Portland until 1885, when he was re-elect- ed to be United States senator at a special session of the legislature, that body having failed to choose a senator either in 1881 or 1883. He failed to be turned in 1897 and followed his profession in partnership with Judge A. H. Tanner until 1901, when the legislature again chose him as one of the states represen- tatives in the United States Senate. It was only when his connection with con spiracy to defraud the government of it's public domain was made manifest by his conviction In the federal court that he lost the political influence which he had held for a greater part of half century. From his seventeth birthday, June 22 last the day on which his guilt was de- creed Senator Mitchell has rapidly de- clned.
 Senator Mitchells wife is In Paris, where she has spent a large part of her time since the marriage of their daughter Margaret to the Duke of Rochefoucau1d. A son, John IT. Mitchell, Jr.. resides at Minneapolis. Lieut.. Hiram Mitchell. Uni- ted States army, is also a son of the senator