SENATOR FROM WISCONSIN. MONDAY, OCTOBER 2, 1911. FEDERAL BUILDING, The subcommittee met at 10 o'clock a. m. Present: Senators Heyburn (chairman), Sutherland, and Pomerene, and Mr. Addison T. Smith, who had been designated as secretary. The CHAIRMAN. The subcommittee will enter upon its duties. Preliminary to taking up this question I will state that the subcommittee will hear a representative who may desire to appear on behalf of the State of Wisconsin, the State having submitted these charges through its governor to the Senate of the United States. I will inquire whether or not there is anyone here for the purpose of representing the State of Wisconsin? Should anyone desire to appear and be duly authorized, the subcommittee will recognize him. [A pause.] The secretary of the subcommittee will be instructed to communicate with the governor and the attorney general of the State, advising them that the subcommittee is in session in Milwaukee for the purpose of investigating these charges which were submitted to the United States Senate by the governor, and to inquire whether or not the State desires to be represented at this hearing. The secretary subsequently, by direction of the subcommittee, sent the following telegram: Hon. FRANCIS E. MCGOVERN, MILWAUKEE, WIS., October 2, 1911. Governor of Wisconsin, Madison, Wis.: A subcommittee of the Committee on Privileges and Elections of the United States Senate, duly appointed, with instructions to investigate the election of Isaac Stephenson as a Senator of the United States from the State of Wisconsin as recommended by the Legislature of Wisconsin as provided in joint resolution 58 of said legislature, has entered upon the investigation in the Federal Building, in the city of Milwaukee. As the State appears to be unrepresented by counsel, you are requested to advise the committee whether or not it is the desire of the State to be represented by counsel before this committee, and if so, designate in writing such person to represent the State. W. B. HEYBURN, Chairman. The CHAIRMAN. The subcommittee would inquire whether or not there are counsel who desire to appear for Senator Stephenson. If so, let their names be entered in due form. Mr. C. E. LITTLEFIELD. Yes; Mr. W. E. Black, Mr. H. H. J. Upham, and I represent Senator Stephenson. The CHAIRMAN. The next proceeding will be the reading of the communication from the governor of Wisconsin addressed to the United States Senate. 15235°-VOL 1-11-1 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. UNITED STATES OF AMERICA, To all to whom these presents shall come: 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. Received June 26, 1911, 4.05 p. m. H. C. MARTIN, Acting President of the Senate. Speaker of the Assembly. Chief Clerk of the Senate. Chief Clerk of the Assembly. DEPARTMENT OF STATE. J. A. FREAR, Secretary of State. 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. |