New-York tribune., 1912-03-14
CAN'T GUST F|TZHERBERT
Democrats Vote Against Expul-
sion in Jersey Senate.
FIRST CONFER WITH WILSON
Governor Says He Will Not H.
terfere with Judgment OF
Senate Tribunal.
rBy Telegraph to The Tribune.I

Trenton, n. j., March 13.-Followihg
conference with Governor wilson, seven
Democratic Senator'S marched into the sen
ate chamber this afternoon ana Noteo
against n resolution to eXpel Senator f1tz-
herbert. of Morris County, who, last week.
was found guilty of conduct inconsistent
with the trust and duty of Senator. TWO
other Democratic Senators-Silzer, of MID
dlesex and Slocum, Of Monmouth, were
not in their seats when the vote was taken
The eleven members of the majority
voted in favor of the resolution, put as
fourteen votes were necessary to orihs
about the Morris Senator's expulsion lie
will hold his seat. After the conference
this afternoon Governor Wilson gave out
the following statement:
I conferred with the Democratc Senators
in order to inform myself as fully as Post
sibe Of every respect of the charges SsaII!.S'
and of the action of my party colleagues
on those charges. | am convinced lnal
when the vote was taken on the questl,o;lI u
of guilty or mot guilty the Democracy M
Senators voted with a solemn conscious,
ness of their obligations as judges on
question of personal guilt ana without r.
gard 10 any party purpose such as ,,lo saIiIIe
a seat which might in certain m C!I 1,,.r,
stances ne NdcdtC0. / Nlbutu iOi
information and guidance to be iuily ap..
prised of what the basis OF their JuusliIeIi.. !.
had been and of all clrcuIlStdhSeS ''o'
might throw light on the case ltsel1: ,.-o,,
In view of the fact that ! was not III! SCI.
a member of the court, ] have AT presehl
no personal Judgment TO express IN tne
case. l did not call the Senators tose,Hie.
for the purpose of suggesting any a. sn
TO them. but only for the purpose OF ue.
termining whether there was anything u,dl
] myself ought TO do. This | cannot hnally
determine until the case is concluueu
should no more feel at liberty 10 at.ednPs J :
to influence the judgment OF the Senate as
tribunal than I should deem mysell az
liberty to influence the judgment OF one OF
the regular courts.
Senator Carlton r. Pierce. Of Union
offered the resolution providing for Senator
Fitzherbert's expulsion. and its readlhg
made Senator Fielder, of Hudson, the MI
nority leader. soUirm, for ii pinned him
down pretty tight After telling OF the
hearing before the Judiciary Committee and
the subsequent charges in connection with
the acetvIene bills. involving Fitzherbert,
the resolution reads:
Whereas, public Investigation was
made as TO the charge by the SAID commit
tee, pursuant 10 the authority OF the senate,
at which investigation the said tltzherpert
was represented Ivy counsel, who cross-eA-
amined the witnesses, and,
Whereas The said committee, composed
Of the Senator from Atlantic, the Senator
from Camden and the Senator from hudsoh,
reported unanimously that on the eEIdenCCss :
presented to them they believed the salu
Fitzherbrt had been guilty OF an oHehce
Inconsistent with the trust and duty or a
member OF the Senate, and the sald COM
mittce thereupCn recommended that he be
tried on the qusion Of his expulsion
The resolution then tells Of the adoption
Of the report Of the committee by the SEN
ate and the trial Of the Senator of Morris
on the charges, and ends by saying that,
after a fair trial, having been found guilty
"the said Fftzherbert be and he is hereby
expelled from the Senate Of the State Of
New Jersey, and his seat is hereby declared
10 he vacant"
Nr. Fielder said he could not oppose his
personal conviction and vote 10 eXpei Mr..
Fitzherbert. Mr.. Edge deplored the fact
that the minority had taken position
which rendered it impossible 10 eXpel Mr..
Fitzberbcrt. He wondered what 1t was
necessary for member to do in order that
the minority might decide him deserving of
expulsion Mr.. Pierce argued that the
Democrats were not warranted in taking
the position that reasonable doubt existed
Of Fitzherbert's guilt because the evidence
was overwhelmingly against him.
After the vote the Senate adopted Mr..
Edges resolution providing for the printing
Of five thousand copies of the testimony
for distribution.
A number Of the Democratic Senators OK
pressed the hope that Senator Fitzherbert
,yOuId resign