Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-03-26

John Walter Smith.
the second Tuesday after the announce
ment of the death Of Senator Whyte. and
that as all the facts in the case were in
the possession of the Senate there should
be no delay in deciding the question.
Senator Rayner argued that Mr.. Smith
was legally elected, but did not insist to-
day upon this point. merely asking that
he be sworn in and that the question go
before the committee on privileges and
elections. Senator Beveridge of Indiana
agreed with Mr.. Rayner.
Credentials Presented.
The Senate lost no time in coming to
consideration of the case of Mr.. Smith
Senator Culberson. minority leader. Moved
that the reading Of the journal is
pensed with almost as soon as it was
commenced, and Senator Rayner of
Maryland was recognized by the Vice
President Immediately. Mr.. Rayner an
nounced that he had risen to present the
credentials of the senator-elect from
Maryland, Mr.. Smith. Before they could
be read by the clerk, however, Senator
Kean Of New Jersey suggested the abb
sence Of a quorum, and the clerk pro-
ceeded to call the roll, which took about
fifteen minutes.
Senator Burrows, chairman Of the COM
mittee on privileges and elections, who
was out of the chamber when Senator
Rayner presented the credentials of Mr..
Smith, arrived before the end of the roll
call. No sooner was 1t concluded than
Mr.. Rayner asked for the reading of the
credentials, which was done. They said
that John Walter Smith was duly chosen
by the legislature of Maryland, "in &C
cordance with law on the 18th of March
to fill the remainder of the term of the
late Senator Whyte, which began March
4, 1903.
The senator-elect is in the chamber
and now ask that he be sworn in," said
Mr.. Rayner.
Senator Burrows Objects.
II am constrained to object under the
circumstances" put in Senator Burrows
quickly. II do not think the election
was held according to the laws Of the
United States
Senator Burrows then proceeded to read
from the 18th section of the United States
Statutes at Large. which required that
IN the case or senatorial vacancy dur
Ing the session of the legislature of a
state the legislature shall proceed to
elect on the second Tuesday after or
gan1zation and after 1t has notice of
such vacancy. Mr.. Burrows commended
that 1t appears from the certificate filed
and the records of the Senate that Mr..
Smith was elected the 18th of March,
which was not the second Tuesday after
the organization of the legislature and
Whyte.
II understand that my friend, the
senator from Maryland" said Mr.. Bur
rows, comedies these points and that
no contest Is made on this question"
|. cannot concede." declared Mr.. Ray
ner, r., mat IT was not the second Tuesday.
l will admit Senator Whyte died a week
ago last Tuesday. but claim that the
Tuesday on which proceedings were had
was the second Tuesday. most de-
whether Senator Rayner thought it was
the second Tuesday after notice had been
given and Senator Rayner replied that he
would show conclusively that that ques-
ton did not have anything to do with it.
Dubois Case Cited.
Following this dialogue Mr.. Burrows
quoted the case OF Senator Dubois,
which was considered by committee of
which Senator Teller Of Colorado was
chairman, to establish his contention
that in the computation Of time in these
cases the first day must be excluded
He contended that when organization
and notification takes place Tuesday the
second Tuesday must be two weeks from
that day.
Attention was called by Senator Gull
berson to the fact that in the case of
Senator Dubois the senator-elect was
sworn In. and he wanted to know
whether Mr.. Burrows was not willing
to have Mr.. Smith sworn in at once
and the case considered later by the
Burrows replied that he had not quoted
the Dubois case on that point
In the opinion Of Mr.. Teller. who took
the floor at this point, the Dubois case
hinged on question entirely different
from the one at issue in the case of Mr.
Smith. AS soon as Mr.. Burrows had con-
cluded his argument Mr.. Rayner took the
floor and spoke for about an hour in favor
of the seating of Mr.. Smith. His argu-
nent turned on four principal points.
Mr.. Rayner's Arguments.
In the first place, he held that the law
meant that senator might be elected by
the legislature at any time after two
weeks after the organiza ton of the legis-
lature without reference to the time the
vacancy occurred: in the second place,
that the reference to the second Tues
day had no application whatever to the
question of notification. as was to be seen.
he said. by d close reading of the stat
utes: in the third place. that the legisla-
ture of Maryland had construed the law
to mean that ii could proceed 70 elect on
Tuesday of this week. and that the Sem
ate ought not to find fault with the judg-
n legislature ninf ,,