The Washington herald., 1908-03-27
MARYLAND WINS
BATTLE IN SENATE
; Continued from Page one.

Michigan maintained that his case was
proven by the fact that the election of
Mr.. Smith had not taken place on the
second Tuesday after Senator Whyte' s
death had been made known TO the legis-
lature
Lodge and Rayner Clash.
Mr.. Rayner having challenged Mr.. Bur
rows TO name single instance in which
a Senator-elect had not been sworn when
there was no contestor Of his seat. Mr..
Lodge took up the gauntlet Senator
Quay, Of Pennsylvania. he said. had
come to the Senate with his credentials
in perfect order. but had not been sworn
in.
That" replied the Senator from Mary
land. was an altogether different case.
Senator Quay's credentials were from the
governor of the State and showed on
their face that they were defective"
The credentials OF Mr.. smith show on
their face that they are defective re-
torted Mr.. Lodge They show that Mr..
Smith was elected too scon and illegally +"
They show no such thing" reJoined
Mr.. Rayner. hotly. The Senator is in
error. Does he contend that the creden-
tials OF Mr.. Smith should show when
Senator Whyte died?'
NO" Mr.. Lodge replied: this paper
is not an obituary notice, but. neverthe-
less. it shows that the election was IL
legal"
Rayner Demands VeriacatIon.
THE Senator has made statement
let him verify it," challenged Senator
Rayner, loudly. Let him tell how the
credentials show that the election was
Illegal"
THE case is plain TO me-" declared the
Senator from Massachusetts,. And he ad-
ded, plainly incensed: If the Senator
from Maryland cannot understand It. /
cannot supply him with understanding.
Nor can anybody else understand it,
Mr.. Rayner began; but the gavel Of the
Vice President called the two Senators
back TO the question at issue and averted
further unpleasantness
Senator Beveridge and Senator Burkett.
both Republicans. took up the cudgels
against the contention Of Senators Bur
rows and Lodge Mr.. Beveridge likened
the case TO one In court, and declared
that one might just as well declare that
demurrer 10 an indictment should not
be entertained by the court because of
facts with which the judge was familiar.
but which had not been adduced by a
trial. Senator Knox, of Pennsylvania.
took exception 70 this contention, and In
short speech showed the difference be-
tween a trial in court and a case such as
was proceeding in the Senate He MAIN
tanned that the Senate alone was the
Judge OF the course which IL should pur-
sue. and proposed that the case be de-
cided without reference 10 committee.
owen COnstrues Statute.
Senator Owen. OF Oklahoma. took the
ground that the language OF the statute
upon which Mr.. Burrows relied was am
biguous. II not really at variance with
the contention which the Senator from
Michigan made. The language OF the
law. he said. was not the prescription
that the legislature cannot elect until the
second Tuesday after it has had" noti-
tication OF the death OF a Senator. but the
second Tuesday after ii has" such nOti-
ncatiOn- lie cOuteuded that the Senator
elect should be sworn in. Senator Teller
also took this ground.
After Mr.. Burrows had repeated his
contention and read a number Of IN
stances upon which he based his atti-
tude. Mr. Rayner. in e brief summing
I'D speech. declared that the oath should
be administered and the question OF
eligibility committed 10 the committee for
investigation. He offered a resolution 10
this effect. and Senator Burrows offered
substitute. proposing that the oath be
Withheld until the committee had reported
on the case.
Burrows Is OutvOted.
He called for a yea and nay vote on
his substitute. which resulted 81 nays and
- yeas as follows;
Nays - Senators Bankhead BeFeridge. Borah.
Bourne. Brown. BUrkctt Clay. CuIbcrson Foster
Frazier. Frye. Gary. Gore. GuSgcnheim. Hepburn.
Johnston. la Fcllctte. MCCreary McCumber. Nc
EncTy. McLaurln. Owen. OTeTman. Paynter. Perkins.
Pile. Plztt- fsyner. Richardson SmoOt stephen
son. Taylor. Teller. Warner-8
Neas-Seslators Aldrich. Ankeny. Brandegee. Bulke-
ley, BuruhRm. Burroughs. Crane. Cul0m Curtis.
Derew. Dick. Dillingham;. Dixon. Dolliver. Ds Pont
Elkns Flint. Foraker. Gsllinger. Gamble Hopkins.
hCan. Knox Lodge. Long Nelson, Smith lAlichi-
ganl. Sutherland WetmOre-9.
The motion made by Senator Rayner
was then voted on without a roll call.
and was carried only two or three Sen
atOrs voting against it. Mr.. Rayner es-
corted his colleague 10 the desk amid
the applause Of the weIl-hlled galleries.
and Mr.. Smith was sworn in by the Vice