The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-06-01

resolution offered at the meeting two
weeks ago, which was carried by Sen
ators Burrows. DolIiver, Pettus, Over
man. Bailey and Dubois and Frazier,
voting in the affirma tive, and Senators
Foraker, Dillingham;, Hopkins, Bever-
idge and Knox in the negative. The
vote Of Senator Depew was not cast
Votes were had on the constitutional
questions of expulsion and exclusion,
after which the members of the commit
tee expressed themselves in favor Of a
vote in the senate at the present session
of congress.
The resolution on the subject Of ex-
clusion was introduced by Senator For
al1er as a test of the question whether
Senator Smoot should be ousted from
his seat by majority vote of the, SEN
ate or whether by a 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
Smoot's seat shall be declared vacant.
If carried, this would be equivalent to
a recommendation that he be excluded
by q majority vote. It was lost by a
vote of to 5, the affirmative votes be-
ing Senators Burrows, DOlliver, Pettus,
Dubois and Frazier and the negative
votes being Senators Foraker, Dilling-
ham, Hopkins. Beveridge, Knox, Bailey
and Overman.
BaiIey's Plan.
Senator Bailey then offered resolu-
ton declaring the sense of the commit
tee to be that Senator Smoot should be
expelled from his seat which would be
a Recommendation that the senate take
the course requiring two-thirds vote
of the senate to unseat him. The result
was a tie vote, Senators Burrows, Pet
tus. Dubois, Bailey, Overman and Fraz-
ier in the affirmative, and Senators For
aker. Dolliver BeVeridge, Dillingham;,
Hopkins and Knox in the negative.
The debate during the deIiberation
was INDUCED in by nearly every sena-
tor. That devoted to the constitution
al question of expulsion or exclusion
was the most heated Senators Bailey
and Overman who argued IN FAVOR OF
the resolution, declaring that the Dtah
senator Is not entitled to his seat, were
Of the opinion that after the oath has
been administered to a senator, the
only possible procedure against him is
to exDel 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, ar
gued 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 Of
tense of origin since the oath was ta-
zen
Flood of Petitions.
During the last week petitions have
been sent to senators from nearly ev-
cry state and territory protesting
against Senator Shoots being retained
as a member of the senate. The signers
were women and from nearly every
state The effect of the resolution
adopted viii be to place squarely be-
fore the senate the question whether
Senator Smoot shall continue in his
seat and leave to that body the decis-
ion as to the method of procedure. a
majority it is said, can declare that It
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 report is of the opin-
ion 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 If ma
joffty says to exclude. instead Of expel
that will be the method pursued. The
report under the instructions Of the
committee viii be ready to be offered
to the senate on Friday next. Chair
Z man Burrows and Senator Duaois e1rs