The Corvallis times. (Corvallis, Or.) 1888-1909, 1905-10-04
AND ONE OF THEM UNDER
INDICTMENT ON SERIOUS
CHARGE.
Oregon's Representatives at Wash
ington-Efect of Williamson
Verdict-The Hermann
Indictments Soon to be
Tried-Other News.

Washington, Sept. 30.-Uoless
Representatives Williamson and
Hermann temporarily re]inquish
their seats, to which they were ell
ected last year, Oregon will prob
ably go through the fifty ninth con
gress with but single vote, that o.
Senator Fulton. 1t is positively
known that Senator Mitchell can.
not resume his seat in the senate
though he may nominally hold his
position and draw his salary up to
the time his sentence is enforced,
| Williamson's recent conviction de
nies him the privilege of taking his
seat, though it does not legally Gre
ate vacancy in the Second Ore
gon congressional district, and there
fore does not open the way for a
special election to fill that vacan-
cy.
Until a fnal decision is rendered
by the court of last resort, William
son will be permitted 10 retain his
credentials and under no authority
can special election be held in
the meantime to choose another
congressman from the second dis
trict. Should that final decision
clear Williamson of the charges Of
which he was convicted. be could
then present himself at the bar of
the house and be sworn in, but, if
the final verdict is guilty" Viii.
liamsou will be'expected to prompt
ly tender his resignation to the
speaker. His failure to do so wenld
be sufficient provocation for the
house of representatives to declare
a vacancy for the second Oregon
district, at which time a special
election would be in order.
The foregoing is thu universal
opinion of officials of the depart
ment of justice who are in Wash
ington.
I. What is true of Williamson will
be true Of Hermann if he shall be
convicted upon any one of the in
dictments resting against them. In
the me antime, until his case comes
| to trial be will be denied the priv
ilege of taking the OATH. 1t is the
expectation however, that Her
mann's cases will be heard and de-
cided before congress meets in De-
Gem ber.
Toe caee of Williamson Is with
out known precedent. Although
elected 10 the 6fty-ninth congress
he is not in full membership, moi
having taken the oath of Office. The
fact that be was a member of the
last congress has no bearing what
ever upon his present standing, fol
he is now recognized officially as
merely a mem Der elect. 1t is the
understanding of law officers of ths
/ government that the statute under
which Williamson was convicted
does not dsprive him of the right tt
hold seat in the house of repre-.
sentatives. Even # the statute
did carry this penalty, as was th'
case with Senator Mitchell, thai
restriction would not become op
erative 80 long as the case was be
fore the courts on appeal or pend
ing a new trial.
The house of representatives ha
it within Its power to declare Viii
liamson's seat vacant, for under tn
constitution the house is the judg
of the qualifications and election o
its members and can at any timt
for cause, declare any seat vacant
in which event a special election
becomes necessary to fill the vacan
cy. But it is now believed that th
house will exercise the right il
Williamson's case unless a highe
court shall approve the findings Q
the court below, aud even then Viii
hanson would be given reasonabl
time within which to resign.
In the light of precedents, it is t
be inferred that the house will nc
declare vacancy for the secon
1Oregon district as long as Wi
liamson's case is before the courts
for tue house, like the senate give
its members the benefit of ,th
doubt, and does not accept any BIT
a final judgment Of the courts. I
the eyes of the house, Williamso
is not guilty until decision sha
have been rendered to that effet