The Birmingham age-herald., 1912-04-28

was whether the courthouse legislature WAS the lawful legislature and that having been definitely settled it was considered by the committee that it was not competent for the committee or the Senate to reopen 1t, and that il must nc treated as res adjudicata;'
 And no minority report was presented by the committee, though such illustrf- ons democrats as Salisbury of Delaware, Merrimon of North Carolina and Cooper of Tennessee were members of the com h1ittee so also was this followed in tlte case of Corbin against Butler from Inc state of South Carolina.
 Tn the case of Senator DuPont of Delaware the republican majority of the committee reported that he was entitled 10 his seat in November, 1895. Senators "urpy, Pugh Of Alabama. Gray and Pal mer, democrats, dssented, and their minority report was adopted as the Judgment of the Senate by a majority Of l, and DuPont was denied his seat. The case was reopened by the Senate and upon consideration the committee reported without a single dissenting voice that the Senate having decided The case it was final and conclusive. Senator Hoar was chairman of the com mittee and Senator Edmonds, and all the democratic and republican members icined in this report. save one who withheld his judgment. Senator Hoar said on the floor that he believed Du- Pont had been lawfully elected and he desired him to be seated, but that no rewly discovered evidence was found or mistake suggested, and that the case having been decided nothing remained but to declare it final
 The meanest assassin and the most hardened criminal cannot, after acquit- tai, be tried again. for the same offense. il any Anglo-Saxon country in the world. If the right of a senator to a seat in the Senate can be tried over and over again 1t is at the whim of T changing majority; his right to seat Is of small consequence, but his repu tation, his honor. and that of his wife and children, is dearer than life itself to any honorable man.
 Heard All Evidence
 'I heard all the evidence in both trials; the last covering nearly 10000 pages of printed testimony; saw tho witnesses, their demeanor and manner of testifying, and I was not convinced or led 10 believe that Lorimer's election was secured by corrupt methods. know that many people, who have neither heard the evidence nor read ii, believe that Lorimer is guilty. I am sitting under oath as a judge. and # knew that every man in Alabama be-. ifeved Lorimer not entitled to his seat should decide the case according to the law and evidence, whatever the re- suit. Should I decide against my judg- Anent and conscience, I would be un- worthy to sit in the Senate. would lose my own self-respect and be un- fit to associate with honorable men. For 6 judge or juror to decide case in ac- cordance with what he believes would be pleasing or displeasing to the gen oral public would show him unworthy to sit on the bench or the jury. Can any man. however honest and able, who has neither heard nor read the evidenee, nor knows the law applicable to 1t, be competent to decide such a question? Should any such men, who have not read the evidence, condemn those who have? If so, jury trials are entire ly unnecessary and burdensome and the verdict, in all cases, should be left to vote of the people.
 "The people have not heard the evi- dence as I have. They have not taken an oath to do impartial justice accord
 ing to the constitution and the laws. have. I cannot render judgment upon their convictions. nor can they trans fer to themselves my punishment if violate my own. I would be unworthy of my place, if for any fears of pub lie retribution or disapproval or for
 he sake of securing popular favor, I should disregard the convictions of my Judgment and conscience. Tfsevery mem- Der of the legisla ture of Alabama, and rvery citizen of the state should de- mand that I should yield to the pop ular clamor for the conviction of any enc upon their belief about the facts, contrary to my judgment, my convic- tons and my oath a senator, I shoulJ promptly resign my commission and permit them to choose a successor wno was willing to sacrifice his honor and sef-respect for seat in the Senate.
 JOSEPH F. JOHNSTON"