The Montgomery advertiser., 1906-06-02
TO UNSEAT
 REED SHOOT Senate Committee Acts on Utah Case. THE METHOD OF PRoC<JRE  This to Be Decided . Floor at
 Present Sesy,n. Senator Bailey r ,auee. Resolution Looking to .e Expulsion of Senator Burton if He Does
 Not Resign.
THE METHOD OF PRoC SURE

Washington, June That Reed Shoot is not entitled to his seat in the United States Senate as Sena- tor from Utah was the decision of the Senate Committee on privileges and elections, declared today by a vote of seven to five. The lewiston was on Senator Dubois's resolution of fered at the meeting of two weeks ago, which was carried by Senators Burrows, Deliver, Pettus. overman, Bailey, Dubois and Frazier voting In the affirmative and Senators Foraker. Dillingham;. Hopkins. Beveridge and Knox in the negative The vote of Senator Depew was not cast. Votes were had on the constitutional aues- tions of expulsion and exclusion, after which the members of the committee expressed themselves in favor or vote in the Senate at the present ses- sion of Congress.
 The resolution on the subject of exclusion was offered by Senator Foraker as test of the question whether Senator Shoot should be oust- ed from his seat by a majority vote of the Senate or whether by a two thirds vote of the Senate he shall be expelled from his seat.
 To Declare Seat Vacant. The resolution declared that 1t Is the sense of the committee that Sen ator Shoots seat shall be declared vacant.
 If carried this will be equivalent to recommendation that he be excluded by a majority of the votes. It was lost by a seven to five, the affirmative votes being Senators Burrows, Dol liver, Pettus, Dubois and Frazier, ana the negative votes being Senators For aker, Dillingham;. Hopkins, Beverioee' Knox, Bailey and overman.
 Senator Baiey then offered resolu- t,o, declaring the sense Of the com r,tttae to be that Senator Shoot should he exnelled from his seat, whicn would he a recommendation that the Senate take the course requiring a two-tbirds vote of the Senate to un- seat him The result was ue vote Senators Burrows. Pettus Dubois Bal ley. overnan and Frazier In the arnrm- ative and Senators FofakeF, poiliver, Beveridge. DilHnghaTn. Hopklns ana Knox in the negative.
 The debate during the deliberation was induiged in by nearly every sen ator. That devoted to the constitution al ouestiop of expulsion or exclusion was the most heated. Senators Haley and Overinan who argued III raVor or the resolution declaring that che utah Senator IS not eHtitieu " ms were of the opinion that after the oath has Teen administered to senator the only possible procedure again st hin, ,s to expel him from his seat and that there could be no question az to this procedure requiring two thirhs vote of the Senate.
 Majority Senator's Argument.
 The senators voting in favor O. the method requiring only a majority or the Senate to unseata argued that the offense if any has been committed, eytsted at tha time the oath of office was taken and that the protests are not in relation if any onense or orlsm since the oath was taken
 During the last week petitions have heen sent to Senators from nearly ev- erv state and territory protesting so3Ynst senator Smoot being retained as member of the Senate. The sign ars yern women and from nearly ev- cry state ,so-+oa will he to place squarely before the Senate the question whether senator Smoot shall continue in lis seat ana 1eave to that body the decision as to tbe method of procedure. A majority if is said, can declare that IL IS the sense of the Senate that Senator Smoot he excluded and under the form or the resolution proceed to unseat him by that method.
 Before the committee adjourned Sen ator Burrows was instructed to inform the Senate immediately of the action taken and to request that day be fixed for a vote at the present session. It IS erneoted he will do this tomorrow.