The Birmingham age-herald., 1921-05-22
DEMOCRATS SORE ATT SEATING NEWBERRY. IN THE UPPER HOUSE.
Are Awaiting for Report of Committee on Elections Be- fore Formally Expressing
 Their Resentment
By HUGH w. ROBERTS N Washington Bureau The Age-Herald
 hnn DaVidson BuildlnE


 Washington, May 2l.-(Speeial. )-Dem- ocratic senators who keenly resent the presence in the Senate of Senator New berry of Michigan. have concluded to await the report of the committee on elections before formally expressing their sRsentment It is definitely known how ever, that the democrats will not lose an opportunity to let the country know that Senator Newberry is occupying seat only because their protests are of no avail.
 The elections committee, it is strongly indicated, will present to the Senate majority and a minority report. The ma 5ority, signed by the republican members, will declare that inasmuch as the su- preme court decided in favor of New barry there is no other alternative than a recommendation that he be accepted by the Senate. The minority report, to be based on the fact that the Senate must pass on it's own membership, will recom- mend the busting of Newberry on the ground that he was convicted by jury of his peers of having conspred to pur- chase seat in the Senate of the United States.
 
 prevail. But before 1t prevails. the dem ocrats of the Senate will have had an opportunity freely to express themselves.
 In the meanwhile, the republicans of fhe Senate are apparently endeavoring to make a hero of Newberry Months ago, when the news of his indictment reached the Senate, the aaccused was generally applauded on his first appearance there < sAfter in the Senate. Likewise, when New Merry returned to the Senate following the recent decision of the supreme court, he was given reception Practically all the republican senators left their seats. greeted Newberry in the cloak room, shook his hands, and stood around him half an hour felicitating him because of his "vindication."
 Later, Newberry called the Presi- dent MT. Harding received him nfor- mally, and according to the report passed on to newspaper correspondents, s'most heartily congratulated him the elim- anation of his troubles Since then. he has been called on to preside over the Senate, much to the chagrin of the dem- Ccratic members thereof.
 Mrs. Newberry since the action of the supreme court, has been a constant wis., itor to the galleries, and very frequently she has beanled and smiled upon certain of her republican friends on the floor. E In connection with the fact that New berry some days ago presided over the
 
 ulation regarding one feature incident thereto. While Senator Heflin of Ala tbama was on the floor. Senator Lodge engaged Vice President Coolidge in an animated head-to-head conversation. The Vice President was observed to frown iii perplexity and shake his head. Senator Lodge returned to his seat.
 -s Immediately thereafter the Vice Presi- dent, signifying his desire to leave the Tchamber called Senator Lodge to the had Scarcely taken his seat before he called Newberry to the chair
 It was understod that MT. Coolidge urged by Senator Lodge to honor Sem ator 'Newberry, decliped but agreed to permit Senator Lodge to sit with the Understanding that he could do as he pleased Senator Lodge, according to s what was obvious, instantly proceeded to take advantage of his opportunity.
 And thus it happened that a man who was convicted and sentenced to serve term in the pententiary, which he es- caped only because of the unconstitu- tionality of the law under which he was convicted, presided over the greatest Iieliberative body in the world, and one of the most important.
 N Democratic senators, among them be- Ing Senator Owen of Oklahoma, Senator Heflin of Alabama, Senator Harrison of Mississippi, Senator McKellar of Tennes- zee and others, do not regard the de- nision of the supreme court holding the corrupt practices act unconstitutiona& . Nindication of Newberry.
 |r 'Newberry," said Senator Heflin, Twas Convicted by jury of his own state. Il pf the F members of which were repub- licans and before a republican judge, bf having conspired to purchase seat tn the Senate. His alleged conspiracy Mas entefed into with the knowledge thot fbn Ia of ba dpui ra n6i- date for the Senate to expend more than kqo 900. I hold that in no wise was he Nindicated because the supreme court held the law unconstitutional And at hny rate, the Senate has a duty to per Form. The Senate should not permit the belief that it's seats are for sale" There is promise of an Interesting Though futile fight on the part of dem ncrats. They are determined, however, that it shall not appear that they sub