The Washington herald., 1908-03-27

Maryland, was sworn in yesterday as
member of the United States Senate. 70
fill the vacancy caused by the death Of
William Pinkney Whyte.
The credentials OF the new Senator
from Maryland were not accepted until
the question of his eligibility under the
law had been debated for more than
three hours, Senator Rayner, senior men,
Der of the Maryland representation in
Congress, leading the defense of the mo-
ton 10 swear his colleague. and Senator
Burrows. OF Michigan. chairman OF the
Committee on Privileges and Elections.
maintaining that Mr.. Smith should not
be seated
The objection to seating the new Sena-
tor was based on the fact that ne had
been elected by the legislature of Mary
land before two weeks had elapsed be-
tween the announcement OF the death OF
his predecessor and his own election. Mr..
Rayner and those who supported mis- con-
tention took the stand that the question
OF the regularity Of the election was not
before the Senate. but that the only ques-
ton to be decided at once was whether
Mr. Smith was shown or the face OF his
credentials to be entitled TO be sworn.
Thirfy-four Votes for Him.
Mr.. Rayner's view was upheld by the
votes OF thirty-four Senators. while
twenty-eight others voted with Mr.. Bur
rows. The question Of the eligibility Of
! the new Senator under the circumstances
Of his election was by the same vote re-
ferred to Mr.. Burrows committee FOR
Investigation and report.
The term for which the new Senator was
elected viii expire on March : next when
he will begin his first term in his own
right, 10 which he was elected in accord
ance with the desire OF the people or
Maryland. expressed at a primary and
ratified by the legislature before the death
OF Senator Whyte.
Senator Rayner was in his seat when
the Senate convened at noon yesterday
and beside him sat Mr.. Smith. After the
journal had been approved Mr.. Rayner
rose and presented the credentials Of his
new colleague. and asked that he be inn
mediately sworn. Senator Burrows OBJ
! jected TO the motion. and Mr.. Rayner
then consumed about half an hour in
/ its support making an able speech and
| citing precedents for the action which he
/ asked the Senate 10 take. regardless of
| the circumstances Of the election.
Burrows stands by Law.
Senator Burrows objection was based
on a law passed in 1866. which provided
that in the event OF a seat in the Sen
ate becoming vacant. Il could not be
filed by the legislature Of the State con-
cerned until the second Tuesday after
the legislature had been regularly or
ganlzed and had notice Of the death or
resignation of the occupant Of the seat
Il am constrained 70 object" ne be
gan. ito the oath of office being admin
istered to Mr.. Smith under these cir
cumstances. The Revised Statutes pro-
vide that when a vacancy in the Senate
! occurs during a session OF the Iegis-
lature of any State that body must I'LL
| the vacancy on the second Tuesday after
! the legislature has organized and has
| had notice Of such vacancy. Senator
| Whyte died on Tuesday. March T. The
| second Tuesday after that is Tuesday,
! March 81. understand the Senator from
Maryland 70 concede that"
| Il concede Senator Whytes death"
said Senator Rayner. cor any other mat
ter of fact; nothing more"
IN the case of Clagett VS.. Dubois"
Continued Mr.. Burrows. 1T was held
that where an organization of the Iegis-
/ lature takes place on Tuesday. the sec
ond Tuesday. provided by the statute.
is two weeks after that I believe that
this decision has never been overthrown
or even questioned"
Case Is Unparalleled.
Mr. Rayner showed that as the legisla-
ture of Maryland must by law adjourn
sine die on Monday next. It could not
comply with this limitation upoa its right
tc elect a successor TO Senator Whyte, as
construed by Mr. Burrows. unless the
governor should call an extra session,
which would entail needless expense upon
| the State. since, in the opinion Of the
ablest lawyers of Maryland, the law of
1866 was not mandatory, so far as the
/ time Of election was concerned. A case
precisely like this, he said. had never be-
fore come up in the Senate.
Senator Culberson. of Texas. minority
leader in the Senate. then took the floor
and spoke in support of Mr.. Rayner's
contention, calling attention TO the fact
that. if Mr.. Burrows objection should
prevail sovereign State would be de-
prived of part of its representation in
| Congress. He showed that in the case
cited by Senator Burrows, the Senator
elect was sworn in, although unseated
afterward. The point at issue, Mr.. Cul-
berson said. was merely that Of swearing
in the Senator-elect. Mr.. Burrows de-
/ clared that this was a different case.
since in the Dubois case the question had
been whether the legislature had organ
lied on one day or on another There
was no contention regarding this point
/ IN the present case. and the Senator from