The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-06-02
REED SHOOT IS NOT
ENTITLED To SEAT
Committee to Make This Re-
commentator to Senate
HEATED DEBATE YES TERDAY
The Question Was Whether the Com
mittee Should Report in Favor of
Exclusion or Expeulsion
From the Senate.

Washington, June THAT Reed smoot
is not entitled to his seat in the United
States Senate as senator from Utah
was the decision of the Senate commit
tee on privileges and elections, declared
today by vote of 10 5.
The decision was on Senator Dubois
resolution offered at the meeting of two
weeks ago, which was carried by Sena-
tors Burrows. Dolliver, Pettus, Overman,
Bailey, Dubois and Frazier voting in the
affirmative, and Senators Foraker, Dill
bingham, Hopkins, Beveridge and Knox
in the negative. The vote of Senator
Depew was not cast. Votes were had
on the constitutional questions of ex-
pulsion and exclusion. after which the
members of the committee expressed
themselves In favor of a vote In the SEN
ate at the present session of congress.
The resolution on the subject of ex-
clusion was offered by Senator Foraker
on test of the question whether Sem
ator Smoot should be ousted from his
seat by a majority vote of the Senate,
or whether by two thirds vote of the
Senate he shall be expelled from his
I
the sense of the committee that Senator
Shoots seat shall be declared vacant.
If carried this will be equivalent to the
recommendation that he be excluded by
a majority vote. 1t was lost by a vote of
Z to 5. the affirmative votes being SEN
tors Burrows, Dolliver, Pettus, Dubois
and Frazier. and the negative votes be-
ing Senators Foraker, Dillingham;, Hop
l0ins, Beverage, Knox, Bailey and Over
man.
Recommends Expulsion.
Senator Bailey then offered resolution
declaring that the sense of the commit
tee to be that Senator Smoot should be
| expelled from his seat, which would be
| recommendation that the Senate take
the course requiring a two-thirds vote of
the Senate TO unseat him. The result
was a tie vote, Senators Burrows, Pettus,
Dubois, Bailey, Overman and Frazier in
the affirmative, and Senators Foraker,
Dolliver, Eeveridge, Dillingham;, Hopkins
and Knox in the negative.
The debate during the deliberation was
INDUCED in by nearly every senator That
devoted to the constitutional question of
expulsion or exclusion was the most heat
ed Senators Bailey and Overman. who
argued in favor of the resolution declar-
ing that the Utah Senator is not entitled
to his seat. We're of the opinion that aft
er the cath had been administered to a
senator the only possible procedure
| against him is to expel him from his
seat. and that there could be no question
as to. this procedure requiring a two
! thirds vote of the Senate. The senators
voting in favor of the method requiring
only a majority of the Senate to unseat
argued that the offense, If any had been
committed. existed at the time the oath of
| office was taken, and that the protests
are not in relation to any offense of ORR
! gin since the oath was taken.
During the last week petitions have
been sent senators from nearly every state
! and territory protesting against Senator
Smoot being retained as a member OF
| the Senate. The signers were women and
from nearly every state.
Places It squarely Before Senate.
The effect of the resolution adopted
! will be to place squarely before the
Senate the question whether Senator
| Smoot shall continue In his seat and
| leave to that body the decision as to
the method of procedure A majority II
is said, can declare that it is the sense
| 10 hot