The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-06-04
Kern of Indiana Opens the
Battle With a Speech
Attacking the Validity OF the
Senator's Election.
IT MAY OCCUPY TWO WEEKS
And PrOIOng the Present Ses-
sion of Congress.
A Review of the History of the
Case.

washington, June 4.-The seconc
trial of Senator Lorimer of Illinois, or
the charge of having been elected p3
corrupt methods was begun IN tht
senate today with speech by oeha
tor Kern of Indiana, a member OF the
investigating committee VINO signed
the minority report against Lorlmer-
Senator Kern gave especial atten-
ton to the plea that the case hao
been settled by the senate's Vlnoica-
ton last year.
That plea, he said, had been reach-
ed only at the last moment. he sa1u
he would not admit it's validity. II
had come too late and that the plea
itself was res judicata-
Reminding the senate that under
the constitution it is the judge OF tne
qualifications of its own mem pers, ~ W. .
Kern contended it was competent TOT
that body to proceed at any tne III
anv mater involving the integrity Oh
its mem berSh1p. Co.,
There was no suggestion py oen1 sSr
tor Lorimer or any one on ms peIlal. Letn :,
that the senate had not ample power
TO do a reinvestigation of his case
said Senator Kern -
"He tacitly acquiesced in the SEN
ate's action. He appeared III pei sUA
and bv counsel, before the commit
tee during the investigation, cross
examining all witnesses called py ing
committee and examining scores ol
witnesses in his behalf.
Nr Kern declared that if any or the
committee believed that questions be-
ing investigated We're ''res jud1cata
thev were strangely retlcent IN not
mentioning it, while permitting the
continuation at a cost OF more than
$50 600. He refused to concede that the
proceedings were analogous to a clVll
hI1t that, !
were. the granting of a new trial, even
nv, the sole ground of newly discovered
evidence opened the case for a COM
plete reinvestigation. IT is now TOO
late for Senator Lorimer to be permit
teo to urge this remarkable defense,
declared Mr. Kern. Mr.. Kern said he
believed the first investigation had
been incomplete and failed to develop
facts which must have been accessible
Senator Lorimer occupied seat near
Kern and gave careful attention to
his arraignment. There were many
visitors in the gallery Senator Kern
praised the personal reputation of Mr..
I.orimer and said that but for his con-
victions regarding the gravity of the
charges, he would not be found en-
gagged in the disa greeable task of pros
eCutor.
May Last Two Weeks.
Washington, June 4.-Senator Kerns'
speech today leading the attack on
Senator Lorimer's election brings that
case actively before the senate, where
Il is likely to be the principal topic of
consideration for at least the next two
weeks, and possibly may prolong the
session of congress. Senator Lea and
Kenyon, who with Mr.. Kern are the
minority of the Lorimer investigating
committee holding that the Illinois
senator's election was brought about
by corruption, are ready to join in the
fight against the majority report ex-
operating Mr.. Lorimer. While the
whole question of the validity of the
election is the principal consideration
before the senate a feature which
promises to precipitate the first test
of strength is the contention that
Lorimer's case in legal parlance, is
res judicata,' or has been once de-
cided by the senate and cannot be re-
opened.
A majority of the committee which
made the second investigation holds
that Lorimer cannot be tried again on
the same charges on which the senate
by a vote of 46 to 40 acquitted him.
March l. 1911. The minority holds that
this reasoning does not apply to Sena-
tor Lorimer's case. The complexion of
the senate has altered considerably
since Lorimer's vindication and this
leads to much speculation. 1t has been
reported that a poll made by Mr.. Lori |
mer's friends convinced them they
could not expect more than 40 support |
ing votes and that many senators had |
declined to indicate their views, now
that Mr.. Lorimer was advised to re-
sign. 1t was even said that Vice |
President Sherman recently carried |
that advice to Mr.. Lorimer in Chi /
cago. Neither, however, has confirmed
it, and Senator Lorimer today reiter- |
ated his refusal to talk about resign |
ing. He viii be in his ~eat during the |
attack and defend himself in a speech, |
if his health permits.
History of the Case.
In the two years that Senator Lori |
mer's election has oeen under fire, it
has probably furnished more sensa-
tions than any other case of it's kind. /
Mr.. Lorimer was elected by the Illi- /
ncis legislature on May %. 1902 after |
a prolonged deadlock in which the
ma mes of more than one hundred can
dictates. Democrats and Republicans !
mad been presented unsuccessfully 1t |
was not until nearly a year later that
the validity of his election was chal-
leEged when the now famous "confes-
slcn' of Charles A. White a member
Of the Illinois legislature was published
charging that he had received 81 600
from Lee O'Neill Browne, Democrats
leader of the Illinois house of repre-
sentatlVes in return for his vote for
senator Lorimer, and also 5000 as a |
sHare OF general corruption fund.-
Ihen IN rapid succession followed a
series OF sensational "confessions'' nv
other members of the Iegislature |
Ihese confessions, however, were lat
er modlf1ed or repudiated, with the
excepuon or Whites. The other men