Omaha daily bee., 1912-06-05
KERN OPENS LORIMER FIGHT
Senator Holds Plea of Res Judicata
Comes Too Late.
SENATE rs THE SOLE JUDGE
Says Can Investigate Qualifications
of It's Members Any Time
Not Like a Civil Action
at Law.

trial Of Senator Lorimer Of Illinois. on
the charge Of having been elected by
crooked methods, was begun In the senate
today with a speech by Senator Kern OF
Indiana, member Of the investigating
committee who signed the minority re-
port against I1orimer.
Senator Kern gave especial attention TO
the plea that the case had been settled
by the senate's vindication last year.
That plea, he said, has been raised only
at the last moment. He said he would
rot admit its validity: II has come too
late and that the plea itself was "res
judicata."
Reminding the senate that under the
constitution Il Is the Judge of the
qualifications of Its own members, Mr..
Kern contended 1t was competent for
that body to proceed at any time In
any matter involving the integrity of its
membership.
There was no suggestion by Senator
Lorimer or any one on his behalf, that
the senate had not ample power to
direct an investigation Of his case" said
Senator Kern. He tacitly acquiesced in
the senate's action. He appeared in per-
son and by counsel, before the commit
tees during the investigation. cross-exam-
lining all witnesses called by the COM
mittee and examining scores of wit
nesses In his behalf.
Unlike Civil Suit.
Mr.. Kern declared that II any of the
committee believed that questions being
investigated were res judicata" they
were strangely reL"ent in not mention
Ing IT," while permitting the continuatio
OF the investigation at a cost of more than
$4,000 He refused to concede that the
proceedings was analogous to q civil
action at law, but argued that, IL It we're,
the granting Of new trial, even on the
sole ground Of newly discovered evidence,
opened the case for a complete reinves-
tigation.
1T is now too late for Senator Lorimer
to be permitted to urge this remarkable
defense" declared Senator Kern.
Mr.. Kern said he believed the first in
vestigation had been utterly INCOMPLETE
and had failed to develop facts wnicf,
must have been accessible.
Senator Lorimer occupied a seat near
Mr., Kern, giving careful attention to his
arraignment. There were many visitors
In the gallery.
Senator Kern praised the personal repu-
tation of Mr.. Lorimer, and said that but
for his conviction, regarding the gravity
of the charges, he would not be found en-
gagged In the disagreeable task Of a
prosecutor.
Hepburn Raises Point.
Senator Hepburn suggested that an ac-
cused member could only be tried by the
senate concurrently elected with him.
III the next class Of senators coming
can raise the question, 1t may be raised
repeatedly" he said.
Mr. Kern responded that the senate like
a court was continuing body. III every
senator should die the senate would be
In existence STILL" he said.
Senator Kern contended that new evil
dence had multiplied to show the activity
OF 'the malefactors in the case" which
he said connected Senator Lorimer with
the improper methods employed In his
election. He cited alleged relations be-
tween Mr., Lorimer and Lee o'Neill
Browne, who Me said had been the ac-
credited agent OF Lorimer. -Four men,"
he said. had confessed to taking bribes."
Mr.. Kern will continue his speech tomor-
row.
Illinois Legislature Adjourns.
SPRINGFIELD, ILL.,, June 4.-The pos
sibility Of electing United States sena-
tor to succeed William Lorimer was not
sufficient to prolong the two special ses-
sions of the forty seventh assembly
The house today concurred In the senate
Joint resolutions that when the two houses
adjourned tomorrow they stand ad-
journed sine die.
Representatives Church and Carter lead
fight against the resolutions. but the
vote was practically unanimous.
Should Senator Lorimer be .unseated Il
Is now within the power of Governor
Deneen to I'll the vacancy by appoint
ment until the next general assembly can
elect senator to fill the unexpired term.
Under this contingency the next legisla-
ture will be confronted with the task Of
naming two United States senators.
What Committee Found.
While the whole question Of the validity
OF the election is the principal consid-
eration before the senate the feature
which promises to precipitate tha first
test OF strength Is the contention that
Lorimer's case, in legal parlance. is res
judioata," or has been once decided by
the senate and cannot be re-opened A
majority Of the committee which made
the second investigation holds that Lori
mer cannot be tried again on the SAME
charges on which the senate BY vote