The Birmingham age-herald., 1910-04-17
Percy and vardaman Agree to Submit SenatOrShip
 to the People
LEGISLATURE ORDERS
 PRIMARY IN NOVEMBER
of Mississippi Legislature Ever Held Is Brought to n Close
 After Long Struggle


 ing the suggestion of United States Sen ator Leroy Percy that a primary be called in effect to Serve as an indorsement or repudiation by the people of his election to Congress, the Mississippi legislature adjourned sine die today after probably the most sensational legislative session in the history of the state.
 Contrary to expectations and not in keeping with the stormy scenes which marked the contest for the senatorial nomination in succession to the late Sem ator A. J. McIaurin and the aftermath charges of bribery, eliminating in the announcement by the senate of State Senator Theodore Bilbo, the author of the charges, the closing hours of the assem- bly, were spent in song and jest. and on the surface all of the anmosities en- gendered apparently were forgotten.
 Following the vituperative address yes- terday by Senator Percy before a Joint session of the legislature, in which he scathingly denounced State Senator Bil- bo and arraigned his leading opponent for senatorial honors, former Gov. James K- vardaman, whose cause Bilbo espoused, 1t was expected that MT. vardaman would address the legislature today in reply.
 After a conference between MT. Varda- man and his friends, however, it was de- cided not to reply at this time.
 The resolution as to the primary, adopt ed by the legislature, instructs the state democratic executive committee to call the election to select party senatorial f<x. far will begin in 1913, to be held during the month of November of this year. instead of in 1911, as regular procedure would provide. In this primary MT. Percy and MT yardaman will both pc candidates Should the result be ,unfavorabie to MT. Percy he agreed in his address yester- day to tender his resignation as United States senator for the present term 10 the next session of the state legislature an appointment to be made by the gov Srnor to hold until the nominee selected at the proposed primary is seated in lsl3
 Both Senator Percy and MT Varda- man have addressed letters to Chairman tou,ax of the democrtic state executive committee agreeing to the plan. It IS probable also others who were competi- tors before the caucus will enter the primary.
 eonyoked in January last and was de- voted to the balloting on successor to the late Senator McLAurin. Charges of irregularities were preferred by State genator Bilbo, a supporter or Varda1nan in the legislature caucus, after the eiec- lion: the indictment of l.. C. Duianey, a wealthy planter and an aonereht ol Percy. charged with tenderipg pripe, and a legislative inquiry which resui.eu In a resolution demanding the ies'en"
 
 rro tbis he has not replied Through ant if all partisan lines were tightly 6rayn and personal feeling has been ae high tension but beyond several nsticuHs The end came without serious clashes or rencontres.
 Delaney Bribery Case
 Jackson, Miss, April 1e.-(speciai)-. There was further delay in the case of |, c. Dulaney, indicted on a charge of bribery. in the Hinds county circuit court today When the case was called in court today MT. Wells, representing the de- fense. demurrcd to the indictment, claim Ing immunity for his client under section SOi7. code of 1906 The district attorney asked for further time, saying ne wouio nroye the defendant was not entitled 10 Ernm,,nitv under that section of the code, nr,ch provides that no person, who Sas cravioi,slv testified before either house of the legislature of the state shall pc prosecuted upon the charge on which Wit ness testified.
 There threatened to be a spirited cross- Are between the district attorney ana N5r wells over a statement by the at tornev for the defense that 1t was po- Ut,cai game and would burden the tax oavers of Kinds county with a useiess sxnense Mir McNeil took exception to fhis statement saying he considered It an insult to the court. to himseir as an efficer of the state of Mississippi ana 70 tho grand jury which returned the 'noic'- ment s,s intend for his remarks to be construed as a reflection upon any court oniciai or tne erand fury, and Judge Henry declared he aid not so construe the purport oi Hr. Wells statement.
 Mr. Wells, in entering his plea 10 quasn the indictment. read certiheo oops sn u' the senate resolution which deberred MT buianey and his attorneys from the sen ate chamber. but which cited that MT Oulaney was to be held as a witness to testify before the senate. But the ois- trict attorney desired further proo1. He wanted to be assured that MT. Duianey had not been summoned as a witness py procurement or connivance, which wouio not give him immunity from prosecu' ton. ,,-
 MT. Strioker, associated with the dis Nrict attorney in the case. in state ment outlined the plan to be followed py 1hc prosecution in this plea, He contend ed that having made a motion to quasi the indictment, the burden of proof was on the defense, but that if witnesses were secured to prove that MT. Dulaney wal exempt from prosecution under sectior So1I, the prosecution would have rebutta witnesses.
 MT. wells argument was that the cer tiaed copy of the senate resolution wal nll the proof necessary; that the sectior of the code was plain, and if 1t did no rrant immunity he did not know law when he read 1t. He insisted that tht trial proceed. that there had been tot nanv delays, all coming from the prose eution. and wanted to know what guar ahtee the defense would have. if the cast were delayed till Monday, that there would not be further delay.
 Mr. wells then insisted that the prose eution should state what 1t expected tc prove by witnesses and that if they were state senators 1t would not take mort :. than 8 minutes to get them in the court room, 60 tho case could proceed.
 The cass went over till Monday morn lny ct o'clock. +---..