Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-01

be ousted from his seat by majority vote
of the Senate or whether by two-thirds
vote of the Senate he shall be expelled from
his seat. The resolution declared that it is
the sense of the committee that Senator
Smoots seat shall be declared vacant If
carried this would be equivalent to a recon-
mendation that he be excluded by major
ity vote. IT was lost by a vote of to 3,
the affirmative votes being Senators Bur
rows. Dolliver, Pettus, Dubois and Frazier,
and the negative votes being Senators For
aker Dillingham;, Hopkins, Beveridge,
Knox, Bailey and Overman.
Tie Vote on Expulsion.
Senator Bailey then offered a resolution
declaring the sense of the committee to be
that Senator Smoot should be expelled from
his seat which would be a recommendation
that the Senate take the course requiring a
two-thirds vote of the Senate to unseat him.
The result tie vote, Senators Bur-
rows. Pettus Dubois, Bailey, Overman and
Frazier In the affirmative. and Senators
Foraker. Dollver, Beveridge. Dillingham;,
Hopkins and Knox In the negative.
The debate during the deliberation was in
dulged in by nearly every senator. That
devoted to the constitutional question OF ex-
pulsion or exclusion was the most heated.
Senators Bailey and Overman who argued
in favor of the resolution declaring that
were of the opinion that after the oath has
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 sena-
tors voting in favor Of the method requir-
ing only a majority of the Senate to un-
seat argued that the offense. If any has
been committed, existed at the time the
oath of office was taken, and that the pro-
tests are not in relation to any offense OF
origin since the oath was taken.
During the last week petitions have been
sent to senators from nearly every state
and territory protesting against Senator
Smoot being retained a member of the
Senate The signers were women, and
from nearly every state.
Question Left to the Senate
The effect OF the resolution adopted viii
be to place squarely before the Senate the
question whether Senator Smoot shall con
tinue in his seat, and leave to that body
the decision as 10 the method OF procedure
A majority, 1t IS said, can declare that 1t
is the sense of the Senate that Senator
Smoot be excluded, and. under the form of
the resolution, proceed TO unseat him by
that method.
Chairman Burrows, who will draft the re-
port is of the opinion, as is also Senator
dubois who has directed the fight against
the Utah Senator. that the Senate can decide
for itself the procedure, and that IL ma
iority says to exclude, instead of expel
that will be the method pursued. The re-
port under the Instructions OF the commit
tee will be ready to be offered to the Sem
ate next Friday. Chairman Burrows and Sem
ator Dubois express themselves as confident
that a vote will be had at the present ses-
sion.
Little Discussion of Successor.
SALT LAKE CITY. Utah. June 1.-The
news from Washington that the Senate
| committee on privileges and elections had
ccme to decision 10 the status of Sem
ator Smoot aroused the greatest interest
In this city, where the fight against and
In behalf of the apostie-senator has been
most bitterly waged by anti-Mormon and
Mormon politicians
Gov John C. Cutler declined to discuss
| the finding of the committee. 1T Is TOO
| early to discuss the matter In any OF IT'S
| phases he said Il shall take ii up IN
| due course of time II necessary
| There has been little discussion of suc-
| cessor to Senator Smoot should the Senare
| affirm the findings OF the majority OF the
| committee. The state legislature will meet
| in regular session next January, and 1t is
| commonly understood that should va
\ csncy be declared Gov. Cutler would APP
| point a senator TO I'LL the unexpired term.