Omaha daily bee., 1911-02-14
BAILEY PLEADS FOR LORIMER
Texas Senator Gives His View Of Law
and Facts in Case.
HOLDS THAT ELECTION IS VALID
PIE sPys ~ - Not shown that Mr..
LoriHer Knew Of Corruption
ana a. was Not Sufficient
20 Affect Result.

20 Affect Result.
WASHINGTON. Feb. i3.-By resortinE 20
the bold device Of asking 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 Lorimer Of illinois
Mr. Bailey Is a member Of the committee
on privileges and elections and conceded
with the report declaring that nothing in
validating Mr.. Lorimer's title 70 his seat
had been developed by the committees in
vestlgaHon His argument in support OF
Mr.. Lorimer had been anticipated with
much interest, and when presented today
received the thoughtful attention of many
senators.
The Texas senator's remarks were de-
voted largely to the standardization OF his
contention that sufficient numbr OF votes
must he shown to have been bought to ef-
feet the result unless II Is proven that
the official whose election Is challenged
personally participated in the offense.
Senators Root Cummins and Borah all
opponents Of Mr.. Lorimer we're each In
turn requested to stand up and express
their opinions as to the legal soundness
OF this proposition.
Two Proportions og Law.
Dealing first with the general aspects OF
the case. Senator Bailey entered upon the
consideration OF the law involved. He laid
down these two propositions:
Flrst-If the officer whose election is
challenged. personally participated IN, or
encouraged or sanctioned the bribery, then
his election is void. without reference to
the exten. Of the bribery.
Second-If the officer whose election Is
challenged, did not personally participate
q.
then his election cannot be avoided. unless
n is shown by sufficient evidence that
enough votes were bribed to effect the re-
suit
The first Of these propositions was dis
missed with the declaration that there was
not word in the testimony TO show that
Mr.. Lorlmer had any knowledge OF any
bribery in his behalf. He asserted that
the Chicago Tribune had been compelled
through fits attorney to exonerate the ac-
cused senator in this respect, notwithstand-
ing an unusual effort to connect him with
II. True the senator said. in the heat Of
debate some senators had sought to con-
meet Mr.. Lorimer with the alleged wrong
ful transaction but he was sure they
would repent OF that course.
Mr.. Bailey contended that even II the
seven votes of White, Browne, Beckemeyer,
Link, Wilson Holstlaw and Broderick were
legally and properly chosen.
status of Tainted votes.
"Deducting these seven votes from Mr.
Lorimer's 1OS would leave him 1O1. and de-
Quoting these seven votes from the total
vote Of 2O2, would leave 1916. of which the
lO1 votes received by Lorimer would con-
sttute clear majority. and he was there
fore duly and legally elected, z" insisted SEN
ator Bailey.
He ridiculed the contention of his OPP
ponents that these votes could be sub
tracted from Lorimers column and still
be retained In the total vote. declaring
the contrary view was so elementary as
10 render It almost absurd to present au-
thoritles in support OF it.
I'VE have the authority OF the text books
and Of the courts for saying that an IL
legal vote must be rejected for all pur-
poses and that Il cannot be considered for
any purposes" the senator continued.
That is not only the law and the logic.
but 1t is the. rule best calculated to promote
political morality. 1t treats a dishonest
vote as II the corrupt legislator who cast it
were civllly dead. at least in that trans
action and leaves the result to be deter
mined by the votes Of honest men"
Mr.. Bailey would not admit, as senator
In demanding the total exclusion of dishon-
est votes he really was giving effect to
such votes on the contrary he undertook
20 turn the charge upon his antagonists
saying that allegations of faint had been
mad9 against eleven members of the nli-
nois legislature. he added:
"Subtracting these eleven votes from a
total of zoe we have an unchanenged
membership Of 1871 members who by virtue
OF their position and of their integrety
we're qualified to elect senator. OF this
III members ninety-six would be a majorlty
and after deducting every vote against
which the suggestion of dishonesty has been
made Lorimer would sim have ninety seven
as against ninety-four votes for his Cd.
ponents'
Matter Of Morals.
Under those circumstances no man could
deny that he was entitled to his scat in
this senate as a matter Of law, and stil
less can they deny II as a matter Of morals.
because he had a clear majority 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 keeping these eleven men in this
squstion they prevent ninety-seven honest
four honest men, and this makes Il plain
that they are the gentlemen who are Civ
ms effect TO the votes OF rascals, because
by preserving those votes they then pre-
vent an honest majority from working out
It's will"
Declaring then that the law as he hae
propounded Il would prove TO he "the
best protection against the banefil in
fluence Of the corruptionsts in our politics.
Mr.. Bailey concluded:
NO matter how honest the gentlemen
on the other side may be, it is stiH true,
that In striving to reverse the precedents
Of the senate and ovorrule the courts Of
the country they are seeking to estab-
fish doctrine that will permit dishonest
faction Of Legislature TO disable an honest
majority from choosing a senator to repre-
cent their state"
Denies Admission OF Bribery.
Mr.. Bailey would not accept the PROPOSE
ton that there was admission that four
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