The Birmingham age-herald., 1911-02-14

(CONTIN LIED FROM PAGE D total vote of POP would leave 159 of which the 101 votes received by Lorimer would constitute a clear majority, and he was, therefore, duly and legally elected" Sem ator Bailey insisted.
 He ridiculed the contention of his op- ponents that these votes could be sub tracted from Lorimer's column and still retained in the total vote, declaring that the contrary view was so elementary as to make 1t almost absurd to present au- thorities in support of 1t.
 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 it cannot be consid- cred for any purpose" the senator con- tinued. That is not only the law and logic but 1t is the rule best calculated to promote political morality. It treats a dishonest vote as if the corrupt legis- lator who cast 1t were civilly dead, at least in that transaction. and 1t leaves the result to be determined by the votes of honest men,
 MT. Bailey would not admit as Senators Root, Borah and others had charged that in demanding the total exclusion of dishonest votes, he really was giving ef- feet to such votes. On the contrary he undertook to turn the charge upon his antagonists. Saying that allegations of taint had been made against Ii members of the Illinois legislature he added:
 "Substracting these II votes from a total of POP we have an unchallenged mem bership of 191 members who, by virtue If their position and of their integrity. were qualified to elect a senator. Of this 19l members 96 would be a majority and aft CT deducting every vote against the sug- gestion of dishonesty has been made, Lori mer would still have 97, as against a4 votes for his opponents.
 Entitled to Seat
 ''Under these circumstances no man could deny that he was entitled to his seat in this Senate as a matter of law and still less can they deny 1t as a mat ter of morals, because he had a clear ma jority of the honest men in the legislature Now let us apply the rule proposed by the senators from Idaho, Iowa and New York and what result do we reach? By keep ing these Il men in the equation they prevent 97 honest men from effectng an election over 94 honest men and this makes it plain that they are the gentle men who are giving effect to the votes oe rascals. because by preserving those II votes they thus prevent an honest ma jority from working out its will"
 Declaring then that the law as he had propounded it would prove to be "the best protection against the baleful n- fuence of the corruption in politics. Mir Bailey went on:
 "No matter how honest the gentle men on the other side may be, it is still true that in striving to reverse the precedents of the Senate and over rule the courts of the country they are seeking to establish doctrine that will permit dishonest faction of leg .t- |. .t-.. from choosing senator to represent their state"
 White Contradicted
 MT. Bailey would not accept the proposition that there was admission that four members of the Illinois leg islature had been bribed. White, he contended, who had charged bribery had been utterly contradicted and the standardization of his charges had been left entirely to the Chicago Tribute and others standing with that paper
 If it had not been for the Tribune and others standing with it, there wiuld be no case here,' said MT. Bailey. But for the false sentiment created by them there would not be five sena- tors supporting their positiin. You could not impanel a jury in America which would deprive a negro convict or a blind mule on such testimony
 In the course of his speech in support of Senator Lormer, Senator Bailey de- nounced as 8 forgery State Senator Holstlaw's name on the slip showing bribe money said to have been de- posted.
 Senators Root Cummins and Borah took issue. but MT. Bailey held to the point.
 Senator Bailey defended the investi- gsting committee against the charge of lack of thoroughness made by Sena- tors Root and Cummins. He did not be- have read all the testimony, other wise they would not have made the statements in view of. the facts. He said that Speaker Shurtliff had testi- fled that the testimony of Marlboro had been dscredited and at the time it had not seemed important to call the clerk of the iiolstlaw bank.
 Here MT. Bailey made suggestion to the fact that if every senator was dissatisfied 1t was competent for the Senate to commit the matter to the committee If the testimony was in complete, as had been charged he could not understand how senators would reconcile themselves to the e1ec- tion of Mir Lorimer, thus casting a stigma upon his name and depriving the state of a representative in that body. Asserting the conclusions reach ed by Mir. Lorimer's opponents had not been Justified MT. Bailey declared that in this case the testimony had been misquoted as he never before had