Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-03-08

Dir. McLauriu--Gf the senator from
Georgia or anybody else can draw an
amendment that viii make It more ex-
plicit, ! shall take pleasure in accepting
such an amendment
Mr.. Bacon--Jf the senator from MIS-
sissippl viii pardon me, / would do so
st knew the names Of the parties and
the amounts paid by Them; but
would not be In favor of paying them
any amount larger than was expended
by them. I do not know what tho
amount Is nor the parties by whom
the expenditure was made, and I do
not see how any amendment could be
framed which would meet the case.
Mr.. Tillman--Soinebody must receipt
for it before they can get the money
Out of the treasury.
Mr.. McI4eurin-L believe that by law
that is certain which 1t Is capable OF
being made Certain--ld certum est
Quod cortunl reddi potest believe
that Is one OF the legal maXins, ana
think that about covers the case
The parties who paid the amount
would present their claim. and THAI
amount could be returned to him. 1t
does not seem to me that there Is so
much trouble about the ascertainment
Of the ones 10 whom this money should
so, as there is about the willingness
to pay the amount TO them.
Here To- sis 600 To be paid 10 one OF the
parties 10 this contest and $4,000 is
asked for the other parties to the coll
test Because one parity
MT. Clay--Sfr. President --~-
The Vice President Does the senator
from Mississippi yield to the senator
from Georgian
Mr.. McLautin-With pleasure
Mr.. Clay--I will ask the senator has
there been any contest at all?
Mr.. McLaurin-- Then, viii say PRO
test" There has been a protest.
Mr., Clay-If the senator viii allow
me, ii somebody else had been candi-
date for United States senator against
Senator SmOat and had claimed that
he. instead OF Senator SnoOt. had been
elected, though Senator Smoot had re-
ceived the certificate of election, and
such a contestant had come here and
contested the seat of Senator Smoot,
then there would have been precedent
for paying both the contestant and the
contestee; but simply TO say that be-
cause numerous persons have protested
against the senator from Utah hold
ing seat IN this body, the senate
should pay them for their expenses is
simply inviting assault upon the titles
of senators and representative to their
seats.
Mir. McLaurin If A should sue 3 in
court, there would be two lftigants,
and the litigation would proba bly, end
by tho success Of one and the defeat
OF the other; but that does not dis
prove the proposition where protest
Is led, as In this case, and the pro-
test has been prosecuted by the prot
estant and defended by the protestee,
that there Is a contest. There was
n contest here between the protestant
and the protestee, and IL does not make
Nat
called protestants and protestees or
whether II be called a contest it Is
an effort on the part OF the protestants
TO keep out OF the senate man who Is
supposed by them not to be worthy OF
seat IN the senate. and the junior sem
ator from Georgia. who has just taken
his seat [AIr. Clayl, did not believe
that this was frivolous protest--the
prosecution OF a protest against the
seating of the claimant 70 his scat
because. as ] recOllect, he voted for eX-
Guiding the senator from Utah from his
seat and voted TO upheld the protest
made by these protesiants.
Mr. Mallory-MT. President
The Vice PTesident-Does the senator
from Mississippi yield TO the senator
from Florida?
Mr. McLauriu-With pleasure.
Mr. Mallory desire TO ask the scna-
tor from Mississippi II he does not see
the difference 81 the case OF a contest
for q seat in the United States senate
between contestant and a contestee
who was seated, and the case of parties
who come here protesting against the
seating OF an individual or who come
here with a protest showing why they
think he ought not To he seated2 Does
the senator from Mississippi see no dis
tlnctlOn between those two cases2
Mr.. McLaurln--Of course there Is o
distinction; but when Il senator comes
with u certificate showing that he IS
duly elected and the contestant comes
with a contest and falls, tho contestant
Is allowed money for his expenses In
the contest. 1t is Il distinction With
Qua a difference.
Mr.. Mallory Why do these protest.
ants ask for this money!
Mr.. MCLaurIn-I suppose II Il because
they want to get the money out OF the
treasury, j do not know VI amy other
reason II seems 10 me the justice or
the matter would be 10 allow these llti-
gants 10 stand upon their merits Just
as any other contestants In election
cases are allowed 10 stand upon their
merits. Like any other contestants
prosecuting a contest they should moi
be denied the amount expended In de-
hnyIng tho expense OF the litigation.
That ls my idea about IT,
Mr.. Mglluly--I win not Interrupt the
senator 70 50 into an exposition OF my
views Of the matter
Mr.. MClAurln--I should be very glad
II inc senator would do So because |
always like W hear the senator speak. |
Nh. Mallory IL very Wide
distinction between the two cases. The |
senate pays "A contestant IN case OF a
contest, because II ~ proper and right |
that those who think themselveg duly |
elected 10 this body should not be de.
TERED from eontestirg their seats just |
because they may moi have the meant
To DO so and have no certainty ~ re.
imbursoment but that - a very differ
eut thing from q case Ia which there
n no contest whatever brought into the
seuats. but lust simply A protest Aled. !