Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-01-14
THE SENATE tIe WISELY
AVOIDED q % PREcr N
BY Seating Newber y Il Has Reaffir.
the Right Of legally Elected
Candidate te Hold Office

NOV that there has come a lull in
~ storm of dcmagogc and partisan flos
doodle about the Ncwbcrry casc-thcrc viii
be an attempt to revive 1t in the approach
ing congressional campaign - it may be
worth while considering what has been cs-
tablishcd by it.
In the first place. It has been demon
strated once more that the Senate will not
uuscat Senator in response TO popular
clamor. Mr.. Newberry was legally elected
by the voters of Michigan. lie took with
him to Washington valid certificate of
election The Senate WAS asked to go
behind the certificate and unseat him because
n large sum Of money was spent in bringing
about the nomination and election. The
legality OF the expenditure has been sus-
taincd by the Supreme Court. so that the
only thing that remained for the Senate TO
consider was whether Senator should be
unseatcd because more money had been
spent in his behalf than people thought
should have been spent
A dangerous precedent would have been
set up If Mr.. Ncwbcrry had been unseatcd
for any such reason. Quay, ono of the most
influential leaders Of the Republican Party
at the time, was denied admission to the
Senate on appointment by the Governor of
Pennsylvania after the Legislature had re-
fused to elect him. There were sound con-
stitutional reasons for this course The
party friends and associates Of Quay were
lined up against him in tho case. They
acted as capable judges of the law and the
facts. Again. William I.orimCr, Of Illinois.
was unscatcd because it was indsputably
proved that he obtained his scat as the re-
suit of the bribery of tho Legislatures. The
fraud invalidatcd the election Republicans
and Democrats alike Joined in declaring his
seat vacant.
1t is Of 10 great Importance whether Mr..
Newberry sits in the Senate or not, but il
is of the highest Importance that the Senate
should set its face against the establishment
of any precedent which will permit a tyran-
nous majority TO unscat n legally elected
representative of State merely because
there is widespread disapproval of the
methods of his campaign committee. methods
that may have been Objectionable. but yet
were within the law.
The attack upon Mr.. NcwbcTry's title to
his scat has been almost entirely partisan.
The Democrats were 'dggricvPd because his
election made it impossible for them to
control the organization of the Senate
Their partisan organs have gone TO great
extremes in their criticism. The Now York
World and the New York Times both Dem.
ocratic newspapers have even charged that
h" was allowed TO take his scat as the rc-
suit of deal with the opponents Of the
Wilson policies under which the Foreign
Relations Committee was to be packed with
opponents of the League Of Nations
As matter fact. the blucrcst oppo-
nHnts Of Mr.. Newbcrry in the contest have
been Borah, Kenyon and Norris, of his own
party. who were also the bttcrcst opponents
of the Wilson policies and who would have
had TO be a party to the deal. .SThc whole
deal theory Is an insult to the intelligence
There is this much gained by tho widc-
spread discussion Of the case: II has con.
ccntratcd attention on the cXtrayagant cx-
penditure Of money in political campaigns
Candidates for Office and their friends arc
likely hereafter 70 be much moro economical.
But most Of tho horror expressed by the
Senator's over the amount Of the Ncwbcrry
campaign fund was hypocrriral. There is
not a Senator who does not know that il is
impossible 10 Cargy a hotly contested pri-
mary election without the expenditure Of
money. The Legitimate expenses of such
campaign are heavy because the cost Of
canvass Of the voters has TO be paid for.
much money has 10 be paid for advertising
and much for travelling expenses Many of
tho Senators who voted for and against
the seating OF Newberry know that as much
or more money was spent in support Of their
CandidNcieS than The sum named in the law
which the Supreme Court has lnvalidated.
and that 50 'ong as conditions remain as
they are it will continue to be spent.
But this IS n condition which ctcry pa
trioiic American must regret II makes it
impossible in many Instances for any one
except man who can command large sums
to run for OfiCC. If he has not the money
himself, he must be 50 satisfactory to the
party organization that it can raise the
money for him.
The Senate has very properly condemned
such use of money. II should moi stop with
resolution Of disapproval. II it wishes
TO do something it should find constitu-
tional way TO limit campaign expenditures
and to provide penalty for those who cX-
coed the limit. Then the next time il is
shown that large sums have been spent in
securing an election there will be- valid ron
sons for unscating the victor. reasons rcst .
ing in law and not in partisan clamor and
disappointment over defeat.