The Washington times., 1909-07-28
STONE FACES TRIAL
FOR STRIKING NEGRO
MiSSouri'S Scrapping Sena-
tor Starts to Baltimore
Ready for Fray.
Continued from First Page.)

it is unconstitutional In this, he is for
titled by the opinion of Judge William
". RuCker. member of the House from
Missouri, who thinks the Maryland
court is without jurisdiction.
If Senator Stone should be convicted
in Baltimore. IL is not at all unlikely
he win appeal on the ground the Mary
land court has no jurisdiction Of the
case.
Senator Smith this morning expressed
the belief that It was extremely doubt
ful whether Senator Stone could law
fully be arrested in Maryland under the
circumstances OF course, It was ad-
mitted that If he had been indicted in
Delaware and regular requisition pro-
ceedings taken, he could be arrested
Senator Smith said he did not know as
to the question of constitutional I'M
munlty from arrest,
Raised Question.
When Senator Stone was first ar
rested he raised the question, though
he did not attempt TO take advantage
OF il. whether he could not claim i'm
munity from arrest under that clause
Of the Constitution which says members
of Congress shall be privileged from ar
rest, during their attendance at a ses-
sion Of either House or in going to and
returning thCrefTOm except in cases of
treason, felony. or breach OF the
peace"
The question IS whether il Is a
breach of the peace TO IambaSt a coll
/ ored porter when he's slow and like
wise sassy. Judge Rucker was douot-
ful about the question OF immunity,
and il was clear Senator Stone was
not entirely sure of IL. But he was
clear that il was a dangerous thing
to arrest a man in Maryland for some
thing he did in Delaware without due
G mr. Of Tn=a Fra Z
as well be arrested in Maryland for
something he did in ST. Louis.
Facts In Case.
The facts in the case. Senator Stone
says. are substantially as they have
| been widely published. He was re-
turning to Washington from Philadel-
! phia he went into the buffet car from
the Pullman and sought a sandwich
and coffee. He waited twenty minutes
unnoUiced. 'GumshOe BilI' Is mod
est looking man who does not parade
4 his nonors, and probably the waiter
took him for an ultimate consumer, or
/ some other mythical parsonage. At any
rate, the only waiting done was by
4 the Senator. When Senator Stone
sought TO hurry the waiter, the latter
/ seemed much insulted.
! The next thing that happened was
/ that the waiter, Brown, began 10 use
{ 2 DuSlNe ana violent language. IT was
too much for any man from Missouri
{ The Senator arose with the same de-
{ liberation that he would arise to address
I the Chair in the Senate, tented with his
( left and then gave a quick hard jat
I with his rIEat It landed on the waiter
I face Then Senator Stone sat down 70
read Next the Pullman conductor
came up. The Senator told him to MIND
+ his own business, Nothing more hap
pened until the train pulled into the
"a -TG mr. rrls
I arrested by a special officer, said e
+ taken to the police court where he gave
/ his name and was released.
Advised By Wire.
! It appears the special officer at Bal
timore had been advised by wire from
/ Wilmington TO make the arrest.
/ Senator Stone was released on prom
/ ise TO appear at o'clock this afternoon
( The question has been raised whether
! Senator Stone viii sue the city of Bal
/ timere. He says he does not expect "a
{ do so As 10 whether he viii sue tae
Penn sylVauia railroad or the Pullman
Company, he said he did not care &c
make any observation on that point
Far-seeing politicians were able 10 dis
I Germ important results likely 10 follow
on this episode. They said that WheF
/ the news once got fairly circulated 0u'
/ in Missouri II would be impossible u
beat ''Bill" Stone for the Senate with
anybody but Roosevelt, and that ht
/ was now assured Of life tenure Of office