The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1912-07-07
JUNIOR MONTANA SENATOR AR
CUES THAT LoRiMER's ELEc.
T'oN WAS TAINTED.
SENATE MUST DECIDE
Plea That Matter Has Once Been Set.
tied Should Not Be Tolerated, De.
e'arss the Ssnator-Oiilinsham and
McCuubsr Endsavor to Make PIaus.
ibls Defense for the Blonde 1oss.

washington. July 6.-Thc final stage
Of the second trial of William Lorimcr
on the charge. of misconduct In pro-
curing his election to the United states
senate from Illinois. was entered upon
today In the senate by general debate.
IT had been agreed to vote on the
case on the Legislative day OF July O."
but a vote was not reached today and
the senate recessed its Legislative day
until Monday with prospect that a
vote would not be had until the latter
part of next week.
Senator Dillingham; of Vermont,
chairman of the Lorimcr investigating
committee. and Senator McCumber of
North Dakota, supported the Illinois
senator's right to his seat. while Sen
ator Myers Of Montana made his
maiden speech in the senate In oppo-
sition TO Mr.. Lorimer.
The Osfenss.
Mr.. Dillingham; will continue Mon
day. lie devoted himself to an effort
TO demonstrate that MIR Lorimer had
not been IA candidate for the senate
until after the senatorial deadlock in
the Illinois legislature had continued
for more than four months and until
II looked as IL there must be an ad-
5ournment without action. He gave an
elaborate account of political condi-
tions I'm Illinois and after undertake
Ing to show that the democrats would
not support the reelection of Senator
Hopkins, said that, on the other hand.
they were willing to turn to Mr.. Lori
mer because of their personal regard
for him.
Senator McCumber took the position
that the senate was unfit to try such
case because of the influence of pop
ulsr prejudice against Mr.. Lorimer and
because of the influence that popular
sentiment would have on votes. He
said there should be an amendment to
the constitution relieving the senate of
the necessity of passing upon cases
involving charges against it's mem
bers. Mr.. McCumbcr charged that the
popular sentiment against the Illinois
senator was due to ignorance on the
subject Some senators had. he said,
been defeated for recollection because
OF their votes for I.orimer, but, as for
himself. his vote would not be in
fluenced by popular clamor, regardless
OF the ERECT OF his vote on his own
senatorial fortunes. The case had been
once tried. he said. and he believed
the doctrine of res adpudicata entirely
applicable.
Must Be 4 Verdict.
Mr.. Myers would not accept tho
doctrine of res adjudcata. He re-
garded this as simply a new trial and
contended that II the senate should not
be permitted to grant such trial. It
would be the only tribunal controlled
by the English system of jurispru-
dence to which that right would be
denied.
There Is no such thing known to
the law as turning back; there must
be verdict In this trial." declared Mr..
Myers.
The fact that 53 democrats had voted
In the Illinois Legislature for Mr. Lori
mcr, republican. was sufficient rea-
son for suspicion. as Mr.. Myers saw
the matter.
1T Is proof that there is something
the matter either with the head or the
heart" he said.