The Montgomery advertiser., 1905-12-19
THE STATUS OF BURTON
HIS ANOMALOUS POSITION DIsCUss-
 ED BY SENATE.
Bailey Protests Against the kansan's Name Being Kept on the Hoh
 Unless he is Given Work
 to Do.

WaShingtOn, Dec. lo-- WHcenSi ~ Senate is warranted in ignoring a sen ator convicted in the courts on charges of misconduct and in not assigning hir to places on standing committees, ye' leaving his name on the Senate roll was discussed for two hours today by the Senate and then dropped without rul- ing on the question. Several Senate leaders took up the subject On account of the delicacy of the question the de- bate naturally was not as open as would be necessary for final determi- nation of the matter.
 MT. Bailey raised the point bv in- quiring of Mir. Hale when the latter presented the new list of standing committees whether the latter Senator had been provided with a place. MT Hale responded that every Senator ex- cept MT. Burton of Kansas, had been given assienments and that he had been left off the committees at his own request until the charges against him had been disposed of by the courts. MT Bailey protested against any Senator's >name being kept on the roll unless he was given work to do and urged that it is the duty of the Sen- ate to itself, to Kansas and to the country. to investigate the charges against MT. Burton and determine whether he Is entitled to a seat in tho Senate.
 In response several Senators called attention to the fact that Congress Is following the precedent established by the English parliament in not taking cognizance of charges against a mem- Der until the charges had been deter mined in the courts. Messrs. Hale, Spooner. Lodge and Daniel were of this opinion.
 Five Senators Indicted.
 Mir. Bailey. calling attention to the fact that there had been five Senators indicted in the last ten years. all on charges implying that crimes had been committed for money. said the time had arrived when the Senate should testify that this Is no place to come to make money dishonestly." He com plained that Senators who behave themselves were compelled to suffer for those who do not through being subjected to ridicule and jests.
 Counseiling the philosophy of the stoics against attacks on the Senate as body. Mir Daniel said that any per- on who would originate a plan to pro- tect the Senate against ribald jest would be the greatest inventor of the age. He did not think the Senate suf- fered unjustifiably by the attacks of irresponsible persons.
 MT. Teller defended the late Senator mltCnSll, SdylHB that IL WOulQ tdke more than the word of "a self-convicted thief. perjurer and forger' to convince him that MT. Mitchell had committed a crime.
 MT. Lodge declared that there was no rule of the Senate, declaring that notice shall be taken of the death of Senator, and defended the action of the Senate in It's treatment of Senator MitchelIs death and of the committee Nra ttN tNnn t.z,o SxR cfx,. aor 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 that man was Senator Burton him. self,
 MT. Spooner therefore defended the course of the committee.
 Case of Senator Dietrich.
 The case of Senator Dietrich of Me- braska had been referred to and Mir. Spooner reviewed the case, saying that Senator Dietrich had not asked for vim dication by the Senate until after he had been cleared in the court. Talk ing this procedure as a basis for his argument, MT. Spooner said it would be unfair for the Senate to ask a mem Der for all the evidence he had for his defense prior to the use of that evil dence in the courts.
 A defeat in the Senate, said MT. Spooner. would have crushing influence in the court and might convict an in- nocent man. He agreed that there was every reason for the Senate to follow the English rule in relation to vacating the seat of a member charged with some offense. the conviction of which would disqualify him from membership, Mir. Spooner said that Senator Fulton consulted with Senators in regard to the procedure in the case of the death of his colleague and received advice which moved him not to make the usual an- nouncement. 'Tf he had made this an- nouncement," said Mr. Spooner. it would have served to intensity the tragedy and bring additional sorrow to those who loved John IL Mitchell, for 1t was known that there would be an opposition to the usual resolutions call ing for eulogies."
 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 bill.
 Mir. Allison moved that the Senate insist on the amendment and agree to the conference asked for. His motion was adopted and Messrs. Allison, Hale and Teller were named as conferees.
 No Criticism of Fulton.
 MT. Bailey said he did not want to De construed as having criticised Mir. Fulton for not announcing the death of the late Senator Mitchell, and said he had himself informed MT Fulton that he would vote against A motion to adjourn out of respect to the memory of Senator Mitchell.
 The Senator from Texas complained against the Senate having to wait for the tedious process of the courts to de- termine who shall sit in the Senate. He said he could easily conceive a case a Senator would be acquitted by the courts and be expelled by the Senate and could conceive case where a Senator might be convicted by the courts '1n so unjust manner that I would desire to leave his seat vacant IS a protest against his prosecutors.
 Tn the average" said Mir. Bailey, we III know that the Senate today Is as bright as 1t ever was" He referred o war times. and declared that then t was common thing for Senators and of the House to practice be- ore the departments. until action had o be taken against it. He referred to he relations of Senators saying that 'yo,, nn that Eida may sometimes I00k