Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-02-13
Bailey Contends He Is Entitled
to Seat in Senate.
MAJORITY OF PURE VOTES
Tainted Ones, He Declares, Should
Not Count at All.
ADOPTS AN UNUSUAL DEVICE
Texan Calls on Senators Who Dis
agree With Him to Stand Up
and Give Testimony.

by feSortlng TO the h0id ueNlce OF ask
ing his antagonists in the Senate to stand
up and testify. Senator Bailey OF Texas
today developed a dramatic situation In
his discussion OF the case OF Senator Lori
mer Of Illinois. Mr.. Bailey is a member
of the committee on privileges and cleo
tions. and coincided with the report de-
claring that nothing invaliditilg Mr.. Lori
mers title to his seat had been developsl
by the committees investigation.
The Texas Senator's remarks were de-
voted largely to the standardization OF
his contention that a sufficient humble,
of votes must be shown to have bee
bought TO affect the result unless it is
prov n that the official whose election
is challenged participated in the offcnse
Senators Root. Cummins and Borah. al.
opponents OF Mr.. Lorlmer were each il.
turn requested to stand up and express
tn ir op MONS to the legal soundneSs
OF this proposition.
Law Points Involved.
Dealing first with the general aspects
of the case, Senator Bailey ent red upon
tine consideration Of tie iaw involved. He
laid down these two proposi,ions
First, il the officer whose election Is
challenged personally Participated n, or
encouraged. or san toned III bribery
then his election ~ t,id Without reier-
ence to the ext. Mt of lis bribery.
Second. If the officer s. hose election lis
challenged did not personally participate
In. or encourage. or sanction the b i5ery.
then his elect on cannot be av, ided un-
less 1t Is shown by sufficient evidence
that enoush votes were Dribed 10 effect
the result
The erst OF these propositions was dis
missed with the declaration that there
was not word In the testimony t.
show that Mr.. Lorimer had any know
ledge of any bribery n nj. re.
He asserted that the Chicaeo Tribune
had been compelled through its attorney
to exOnerate the accused Senator in this
respect Notwithstanding an unusual ef-
fort to connect him with it. True, the
senator said In the heat Of debate. some
senators had sought to connect Mr.. Lori
mer with the alleged W ongful transac-
ton. but he was sure that they would
repent OF that course.
Elected Without Their Votes.
Mr.. Bailey contended that even IL the
seven votes OF White. Browne. Becke-
meyer. Link. Wilson, Holtzclaw and
Broderick were not counted Mr. Lorimer
had been legally and properly chosen.
"Deducting these seven votes from
Lorimer's JUS would leave him lOi. and
total vote OF 209 would leave 195. 81
which the 101 votes received by Lorimer
would constitute clear majority. and lac
was therefore duly and legally elected"
insisted Mr.. Bailey.
He ridiculed the contention OF his OPP
ponents that these votes could be SUBJ
tracted from Lorimer's column and still
retained in the total vote. declaring that
the contrary view was so elementary as
to render 1t almost absurd to present
authorities in support OF IL.
1--WE have the authority OF the text
books and Of the courts for saying that
an illegal vote must be rejected for all
purposes. and that II cannot be con-
sidered for any purpose the senator
continued.
'sThat sir. is not only the law and the
logic, but il is the rule best calculated
to promote political morality. III treats
a dishonest vote as il the corrupt legis-
lator who cast it were civilly dead. at
least I'm that transaction, and il leaves
the result to be determined by the votes
Of honest men,"
Mr.. Bailey would not admit. as Senators
Root. Borah and others had charged. that
In demanding the total exclusion Of dis
honest votes he really was giving effect
to such votes. On the contrary, he ,in-
dertook to turn the charge upon his an
tagonists. Saying that allegations OF
faint had been made against eleven menu
bers OF the Illinois Legislature. he added:
.'Substracting these IL votes from
total of 92 we have an unchallenged
membership OF 191 members who. by
virture OF their position and of their in
tegrity. were qualified to elect senator.
OF this 1a1 members 96 would be
majority, and after deducting every vote
against which the suggestion OF dis
honesty has been made Lorimer would
still have o. as against "a votes for his
opponents