Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-02
Deallnr Win TAINTED senators.

Dealing With Tainted Senators.
lhe situatian Of senator Burton Of
Kansas is "a peculiar one Twice he has
been convicted OF criminal offences against I
he United States. sentence of fine and im- /
prisonment following each conviction but |
each time he stayed execution OF sentence |
BIZ appeals for new trial His first app
peal was successful but IL was followed
by another indictment, another trial
another conviction and another sentence
to fine and Imprisonment. His appeal
from the second Judgment Is now pending.
Meanwhile Senator Burton retains his
membership in the Senate, although he
has not ventured, since the time Of bis
first conviction, TO take his accustomed
seat or participate to the slightest degree
in the Senate proceedings. In the com
mittee assignments Of the present session
he was ignored as absolutely as though
he were not a member Of the body and
should his second conviction be affirmed
ss a result Of the appeal proceeding his
only way Of escape from expulsion from
the Senate will be by resignation,
The question of how the Senate may
protect itself from association with dis
graced members is naturally attracting
attention, as the situation now created
by the case Of Senator Burton is regarded
as very unsatisfactory. Senator Bailey
Of Texas is Of tho opinion that a Senator
who cannot serve by reason Of such cir
cumstances as prevent Burton from APP
pearing in the Senate should resign and
enable another to be chosen in bis place.
There is no question OF the propriety Of
such a proceeding but when the situation
is created by an entirely callous man, as
Burton appears TO be, one who will not
consider any suggestion Of resignation,
some other remedy for the protection Of
the Senate Is maniiestly in order.
The only other suggestion that appears
feasible is that the Senate itself shall take
the matter in hand and order an investiga-
ton with view to determining whether
the circumstances demand the expulsion
Of the discredited member, and Senator
Bailey favors this procedure. 81 be-
lieve the rule ought to be, he says, "that
when any charge affecting the fitness Of O
Senator is made in such a way as 10 chal
lenge the attention Of the Senate, that
Immediately a committee ought to be ap
pointed TO report on the right Of that Sen
ator 70 continue his membership If th,
facts are found TO be such as to make hin
unfit for seat in this body, he owes il t.
the State which he was elected TO repre-
sent, the Senate owes il TO the countr,
which Il represents-it owes Il 70 ITSELF
dispose of that question without delay.
am not willing to grant to any court With
tho length and breadth Of this land tn
privilege Of deciding who is entitled to
seat in this body. The Constitution Civ,
Il TO us in the FIRST and in the last instance
The rule is that in the courts the guilt Of
man must be shown beyond reasonabl
doubt, and would be the last TO restri,
that right Of the individual But in In
body the rule ought to be that an accuse
Senator must free himself of all appea
anee of wrong-doing beyond "A reasonab
doubt,
After the adoption Of such a rule Of pr
cedure, the next thing would be to detC
mine what should constitute the freeii
Of an accused Senator "oi wrong-doil
beyond a reasonable doubt In the ca
Of Senator Burton it would appear that
two successive convictions on the san
charge are proof OF his guilt beyond
reasonable doubt, despite his persiste
appeals, Ono verdict Of guilty, after
full and fair hearing, ought to determi
the question unless later and new eviden
shall place the issue in an entirely N,
phase And in the absence Of even O.
conviction should not indictment for
criminal offence and the failure Of I
accused 70 secure a verdict of acquittal
? the hands of the trial jury, even though
escape conviction on the technical Scot
verdict Of 'not proven through the d
agreement Of the trial jury, be suffice
to justify the expulsion Of the offend
from the Senate unless be IS able to funi
his colleagues with incontestible proof
his innocence?
The question is one Of great intere
, and it is also a very practical one. /
Senators, during late years, have prov
themselves to be as human in the tread
Of devious ways as ordinary citize
What 10 do with such members is a leg
: mate subject for the consideration of
u body.