The secretary read as follows: STATE OF WISCONSIN, OFFICE OF THE SECRETARY OF STATE, PRESIDENT OF THE UNITED STATES SENATE, Washington, D. C. DEAR SIR: Herewith I am forwarding you by express, first, certified copy of joint resolution No. 58, regularly executed by the proper officers of the Senate and Assembly of the State of Wisconsin; second, certified copy of volume 2, part 1, Senatorial Primary Investigation; and, third, certified copy of volume 2, part 2, Senatorial Primary Investigation, all of which is in compliance with the terms of the joint resolution. Very truly, yours, J. A. FREAR, Secretary of State. To all to whom these presents shall come: UNITED STATES OF AMERICA, I, J. A. Frear, secretary of state of the State of Wisconsin, and keeper of the great seal thereof, do hereby certify that the annexed copy of joint resolution No. 58 has been compared by me with the original joint resolution on file in this department, and that the same is a true copy thereof and of the whole of such original joint resolution. In testimony whereof I have hereunto set my hand and affixed the great seal of the State at the capitol in the city of Madison, this 27th day of June, A. D. 1911. [SEAL.] J. A. FREAR, Secretary of State. No. 58 (Jt. Res. No. 10, S.). Joint resolution relating to the investigation of the primary and general election of 1908 and the election of United States Senator in 1909. Whereas the senate committee members of the joint investigation committee and the senate investigation committee appointed to investigate the manner, means, and methods by which the primary campaign and election of the year 1908 is claimed to have been corruptly and unlawfully conducted and to fully, fairly, and thoroughly investigate the campaign and election of Isaac Stephenson to the United States Senate and the campaign of the primary and general election, and the primary election and election of the members of the last legislature, so far as the same in any way pertained to or affected the election of Isaac Stephenson to the United States Senate, have, in accordance with the resolutions adopted for said purposes, made and filed their report to the governor of the State of Wisconsin; and Whereas the senate committee members of the joint senatorial primary investigation committee and the senate investigation committee have in said report found that Isaac Stephenson did commit acts of bribery and attempted bribery and did commit other acts in violation of the corrupt-practices laws of Wisconsin relating to said matters; and, further, that the managers and agents of Isaac Stephenson in said primary campaign and election and general election and senatorial election did, by acts of bribery and attempted bribery and other acts in violation of the corrupt-practices laws and penal statutes of Wisconsin relating to said matters, obtain for the said Isaac Stephenson votes without which he would not have been elected, and that for such reason the election of said Isaac Stephenson to the United States Senate was null and void, and such election of the said Isaac Stephenson to the United States Senate should be annulled by the United States Senate; Whereas His Excellency Gov. Francis E. McGovern, on the 17th day of January, 1911, transmitted to the consideration of the Legislature of Wisconsin such report and the appendices accompanying the same, together with a report of a majority of the assembly members of said joint senatorial primary investigation committee, together with the testimony taken by both of said committees: SECTION 1. Therefore be it resolved by the senate (the assembly concurring), That the senate and assembly concur in the findings and recommendations of said senate committee members of the joint senatorial primary investigation committee and the senatorial primary investigation committee as by them found and recommended and as above recited. Be it further resolved, That a copy of the report and appendices of said senate committee members of the joint senatorial investigation committee and of the senate primary investigation committee, together with a copy of this resolution embracing the preamble and section 1 of this resolution, be certified by the secretary of state to the United States Senate for its action thereon. And the United States Senate is hereby requested to investigate the manner, means, and methods by and through which Isaac Stephenson secured his election to the United States Senate. SEC. 2. Be it further resolved, That a copy of the report of the senate committee members of the joint senatorial primary investigation committee and the senate primary investigation committee, and its appendices, together with a copy of this resolution, be certified by the secretary of state to the district attorney of Dane County, with recommendation from the senate and assembly that prosecution be commenced against all persons shown by the evidence in said investigation to have committed perjury. And it is further recommended by the senate and assembly that prosecution be commenced in the proper counties of the State by the prosecuting officers thereof against all persons shown by the evidence in the said investigation to have been guilty of a violation of the corrupt-practices or bribery statute, or other penal statutes relating to the matters referred to herein. The CHAIRMAN. The secretary will next read the authority under which the committee acts. The secretary read as follows: IN THE SENATE OF THE UNITED STATES, August 15, 1911. Resolved, That the Senate Committee on Privileges and Elections, or any subcommittee thereof, be authorized and directed to investigate certain charges preferred by the Legislature of Wisconsin against Isaac Stephenson, a Senator of the United States from the State of Wisconsin, and to report to the Senate whether in the election of said Isaac Stephenson as a Senator of the United States from the said State of Wisconsin there were used or employed corrupt methods or practices; that said committee or subcommittee be authorized to sit during the recess of the Senate, to hold its session at such place or places as it shall deem most convenient for the purposes of the investigation, to employ stenographers, to send for persons and papers, and to administer oaths; and that the expenses of the inquiry shall be paid from the contingent fund of the Senate, upon vouchers to be approved by the chairman of the committee or chairman of the subcommittee. Attest: CHAS. G. BENNETT, Secretary, The CHAIRMAN. In connection with the document just read the authentication by the Secretary of the Senate of the United States will appear in the record. The next document to appear in the record will be the certificate of the chairman of the Committee on Privileges and Elections of the United States Senate designating the subcommittee. The secretary read as follows: UNITED STATES SENATE, COMMITTEE ON PRIVILEGES AND ELECTIONS. I hereby certify that, as chairman of the Senate Committee on Privileges and Elections, I have appointed as a subcommittee to investigate certain charges preferred by the Legislature of Wisconsin, connected with the election of Isaac Stephenson as a Senator of the United States from the State of Wisconsin, under the terms of Senate resolution No. 136, adopted August 15, 1911, the following-named members of said subcommittee: Hon. Weldon B. Heyburn (chairman), Hon. George Sutherland, Hon. William O. Bradley, Hon. Thomas H. Paynter, and Hon. Atlee Pomerene. WILLIAM P. DILLINGHAM, Chairman Senate Committee on Privileges and Elections. WASHINGTON, D. C., September 2, A. D. 1911. The CHAIRMAN. The secretary will now read the specific charges that came from the governor of the State of Wisconsin to the United States Senate, on which action was taken. The secretary read as follows: SPECIFIC CHARGES. To the honorable Senate and Assembly of the State of Wisconsin: I, John J. Blaine, an elector of the State of Wisconsin and a member of the State senate, upon information and belief, do hereby specifically charge and allege: 1. That Isaac Stephenson, of Marinette, Wis., now United States Senator and a candidate for reelection, did, as such candidate for such reelection, give to one E. A. Edmonds, of the city of Appleton, Wis., an elector of the State of Wisconsin and said city of Appleton, a valuable thing, to wit, a sum of money in excess of $106,000, and approximating the sum of $250,000, as a consideration for some act to be done by said E. A. Edmonds in relation to the primary election held on the 1st day of September, 1908, which consideration was paid prior to said primary election, and that said Isaac Stephenson was at the time of such payment a candidate for the Republican nomination for United States Senator at such primary, and did by such acts as above set forth violate section 4542b of the statutes. 2. That said Isaac Stephenson did. prior to said primary, pay to said Edmonds above-mentioned sums with the design that said Edmonds should pay to other electors of this State out of said sums above mentioned and other sums of money received by said Edmonds from said Isaac Stephenson, prior to said primary, sums ranging from $5 per day to $1,000, in bulk, as a consideration for some act to be done in relation to said primary by said electors for said Isaac Stephenson as such candidate, in violation of said section. 3. That with full knowledge and with instructions from said Isaac Stephenson as to how and for what purposes said sums were to be expended said sums were so paid as above stated to said Edmonds by said Isaac Stephenson and that said sums were paid as above stated for the purposes above stated and also for the purpose of bribing and corrupting a sufficient number of the electors of the State of Wisconsin to encompass the nomination of said Isaac Stephenson at said primary for the office of United States Senator. 4. That in pursuance of the purposes and design above stated, said Isaac Stephenson did, by and through his agents, prior to said primary, pay to one U. C. Keller, of Sauk County, an elector of this State, the sum of $300 as a consideration for some act to be done by said Keller for said Stephenson preliminary to said primary, corruptly and unlawfully. 5. That in further pursuance of such purposes and design said Isaac Stephenson, by and through his agents, prior to said primary, paid to one Hambright, of Racine, Wis., large sums of money as a consideration for some act to be done by said Hambright for said Stephenson preliminary to said primary, said Hambright being then an elector of this State, corruptly and unlawfully. 6. That in further pursuance of the purposes and design above stated said Isaac Stephenson did, by and through his agents, prior to said primary, pay to one Roy Morse, of Fond du Lac, Wis., then an elector of this State, the sum of $1.000 as a consideration for some act to be done by said Morse for said Isaac Stephenson preliminary to said primary, corruptly and unlawfully. 7. That in further pursuance of such purposes and design said Isaac Stephenson, by and through his agents, prior to said primary, paid to divers persons, then electors of the county of Grant, Wis., ranging from $5 per day and upward, as a consideration for some act to be done by said several electors for said Isaac Stephenson preliminary to said primary, corruptly and unlawfully. 8. That in further pursuance of such purposes and design said Isaac Stephenson, by and through his agents, prior to said primary, did pay to divers persons who were at such time electors in this State a consideration for some act to be done for said Isaac Stephenson by such electors preliminary to such primary, corruptly and unlawfully. 9. That in further pursuance of such purposes and designs said Isaac Stephenson, by and through his agents, prior to said primary, did pay to electors of this State who were of a different political opinion and who held to other political principles than that of the Republican Party, more particularly Democrats, sums of money as a consideration for some act to be done by such electors for said Isaac Stephenson preliminary to said primary, corruptly and unlawfully. 10. That in further pursuance of such purposes and design said Isaac Stephenson, by and through his agents, prior to such primary, did offer to pay to Edward Pollock, of Lancaster, Wis., certain sums of money, as editor of the Teller, a newspaper published in said city of Lancaster, Wis., and to other editors of newspapers who were at such time electors of this State, for the purpose of purchasing the editorial support of such editors and as a consideration of some thing to be done relating to such primary, corruptly and unlawfully. 11. That said Isaac Stephenson did, prior to such primary, by and through his agents, promise and agree to pay to one Lester Tilton, a then resident and elector of this State, and residing at the city of Neillsville, Wis., a sum in excess of $500 to procure or aid in procuring the nomination of said Lester Tilton to the assembly of this State from Clark County, and did offer to give to said Lester Tilton a sum in excess of $500 if said Lester Tilton would become a candidate for the assembly from said Clark County, if said Lester Tilton would support said Isaac Stephenson for the office of United States Senator, all of which is in violation of sections 4542b and 4543b of the statutes. 12. That said Isaac Stephenson did, by and through his agents, give and promise and pay or agree to pay to other electors of this State sums of money to procure or aid in procuring the nomination of such electors to the senate and assembly of this State other than those electors residing in the district where said Isaac Stephenson resides. 13. That E. M. Heyzer and Max Sells, prior to said primary, being at such time employees of the Chicago & Northwestern Railway Co., a corporation doing business in this State, did contribute and agree to contribute free services as such employees for the purpose to defeat the candidacy of former assemblyman E. F. Nelson, from the district embracing Florence, Forest, and Langlade Counties, for the nomination for assemblyman from said district, all of which was done with the knowledge and consent and under the direction of said Isaac Stephenson, his agents, and employees contrary to chapter 492, laws of 1905. 14. That in further pursuance of the purposes and design above set forth said Isaac Stephenson, by and through his agents, did. in addition to paying certain sums as above set forth, offer and agree to pay to electors of this State prior to said primary a premium or bonus to those who in his employ carried their respective precincts in such primary for said Isaac Stephenson as such candidates. 15. That said Isaac Stephenson if claiming an election by virtue of receiving a plurality of votes at such primary, then said Isaac Stephenson has violated chapter 562 of the laws of 1905, by failing and neglecting to file his expense account as provided by said chapter. 16. Charging, generally, the primary nomination or election of said Isaac Stephenson was obtained by the use of large sums of money corruptly and illegally, by the violation of sections 4542b, 4543b, and 4678b of the statutes relating to illegal voting. bribery, and corruption, and other laws above set forth relating to elections and primary elections. Respectfully submitted. Dated January 26, 1909. JOHN J. BLAINE. State Senator, Sixteenth District. The CHAIRMAN. The subcommittee has summoned to appear to-day five witnesses. When their names are called they will come forward and be sworn. The names of Isaac Stephenson, E. A. Edmonds, J. H. Puelicher, J. A. Van Cleve, and Rodney Sacket were called. The CHAIRMAN. The chairman is advised that Mr. Sacket is not present, but he will be excused until noon. Isaac Stephenson, E. A. Edmonds, J. H. Puelicher, and J. A. Van Cleve responded to their names and were duly sworn by the chair man. STATEMENT OF MR. LITTLEFIELD. Mr. LITTLEFIELD. May it please the subcommittee, before any witnesses are examined I should like to make a few suggestions with reference to two practical propositions. I do not suppose it is necessary for me to say that the resolution under which the committee is acting, and the subject matter of the resolution, present a matter of the greatest gravity. The CHAIRMAN. Will counsel desist for a moment, until Mr. Stephenson is called as a witness? When he is on the stand it will be proper to raise that question. Mr. LITTLEFIELD. Very well. The CHAIRMAN. Senator Stephenson has been sworn and is now before the committee for examination. Counsel may now make his statement. Mr. LITTLEFIELD. As I was about to say, it is hardly necessary for me to suggest that the subject matter of the investigation is one of the very first gravity and of the very greatest importance, so far as Senator Stephenson is concerned. Senator Stephenson is in his eighty-third year, and it is obvious that he is nearly at the end of a very long, a very useful, and a very successful life. By virtue of his extraordinary financial ability he has accumulated, during about 66 years in this community, what is popularly assumed to be a very large private fortune. He is undoubtedly a man of wealth. The result of the investigation will either be a vindication of Senator Stephenson or will result, probably, in proceedings that will send him from the Senate of the United States covered with public humiliation, shame, and disgrace. The Constitution of the United States provides that no man shall be deprived of life, liberty, or property without due process of law. A seat in the Senate of the United States, Mr. Chairman, is not property in the sense of a corporeal matter, but I should be very much surprised if the right to retain a seat in the United States Senate is not surrounded by the same legal guaranties, and if the interests of a man therein are not protected by the same legal principles that obtain in the ordinary administration of the law in courts of justice. While it is quite true that in pursuance of the procedure of the Senate it is the duty of this committee to investigate these charges, yet, ultimately, if an adverse report were made by the committee, the great body of which you are members will pass in a judicial capacity upon this right of Senator Stephenson to his seat: and at his age in life, especially bearing in mind the fact that during all this long period of his association with the business men and the public mat |