Evening star., 1926-04-11

Will it be at special ses-
sion, probably to be called
in June?
Will it be deferred until the next
regular session of Congress in De-
cember?
Will the House have to be in ses-
sion while the Senate is conducting
the trial?
If special session is called for the
trial, will the House also be called,
with the cost greatly increased by
mileage and other expenses?
Will the Senate be kept in session
during the Summer, thus interfering
with the campaigns of 80 Senators
for reelection?
These are questions that are being
studied by members of both House and
Senate and students of constitutional
provisions and congressional prece-
dents.
Two Schools of Thought.
There are two schools of thought on
the subject--one that the House must
be in session While the Senate is sit
ting as a court of Impeachment, and
the other that this is one of the three
special functions given to the Senate
by the Constitution, and that the
presence Of the House is not essen
tial.
Under the former opinion the trial
probably would be postponed until
December; under the latter the trial
probably will be at a special session
to be called, very likely, in June.
There is only one precedent on the
subject-in the case of William w.
Belknap, Secretary of War, whose
trial was in progress before the Senate
as a court of impeachment from Tues
day. March 3. 1876. until Tuesday,
August 1. 1876. resulting in acquit-
tai. The Senate debated the question
whether 1t could proceed with the
trial while the House was in recess,
provided concurrent resolution was
passed allowing the House to recess.
A resolution with reference to the
trial was passed by the Senate, which
was amended on motion of the famous
Roscoe Conkling of Utica, N. Y, as
follows: provided, an Impeachment
can only proceed while Congress Is in
session." Senator Conkling's motion
was carried by the close vote of q
yeas and 19 nays. This question was
passed upon at that time by some of
| the most prominent men who have
ever sat in Congress. many of them
! eminent ldWySES.
Record of Vote.
The mere mention of the names of
| those voting shows this: Those voting
| "yea"-James L. Alcorn, Mississippi
| William b. Allison, Iowa: Powell Clay
! ton, Arkansas; Roscoe Conkling, New
| York; Henry l.. Dawes, Massachusetts
Orris S. Ferry, Connecticut; Frederick
| T. Frelinghuysen, New Jersey; Hanni
/ bal Hamlin, Maine; John J. ingalls,
Kansas; Gen. John A. Logan, Illinois
| Samuel B. Maxey, Texas; Justin S
Morrill,, Vermont; Richard j. Oglesby
| Illinois; Algernon S. Paddock, Ne
braska; John ]. Peterson, South Car
/ olina; Theodore F. Randolph. New
/ Jersey: Aaron A. Sargent, California
! ohm Sherman, Ohio; George f. Spen
| ar, Alabama; cambridge Wadleigh
! few Hampshire, and William A. Wal
| lace. Pennsylvania.
| Those voting may" were: Lewis V
| Bogy, Missouri; Newton Booth, Cali
! fornia; Isaac p. Christiancy, Michigan
| Francis NJ. Cockrell, Missouri; Aaron
| H. Cragin, New Hampshire; Henry G
/ Davis, West Virginia: William w. Ea
| ton, Connecticut; George S. Edmunds
Vermont: George Goldthwaite, Ala
bama; Morgan c. Hamilton, Texas
James K. Kelly, Oregon; Francis ker
nan, New York; David NJ. Key, Ten
nessee; Thomas c. McCreery, Ken
lucky; Matt w. Ransom, North Caro-
lima; Eli Salisbury, Delaware; AlleI
G. Thurman, Ohio; Robert L. With
ers, Virginia; and George G. Wright
Iowa.
| Representative Scott Lord of Utica
| n. Y, who was chairman OF the
House managers, upon being ap