Evening star., 1924-05-24
WHEELER CLEARED
BY SENATE, 56 TO 5
Charges in Montana Indictment
Declared False by Adoption
of Borah Report.
FIVE REPUBLICANS DISSENT
Hold Chamber Should Not Pass on
Guilt or Innocence.


majority report of its special inves
tigatng committee declaring untrue
the charges brought against him OF
accepting a fee after his election to
practice before the Interior Depart
ment.
one of the proposals voted down,
advanced by Senator Sterling. Re-
publican, South Dakota, who had pre-
sented a minority report declaring
the Indictment of Senator Wheeler in
Montana had been justified by evil
dence submitted to the grand jury
and questioning the propriety of Sem
ate action generating him prior to
his trial, specified that his Qualitica-
tions to sit in the Senate should not
be questioned. 1t was rejected by a
vote of JS TO D.
Proposal by Spencer.
The other proposal. by Senator
Spencer. Republican. Missouri, would
have placed the Senate on record
merely as passing upon the right of
Senator Wheeler to retain his seat
with statement that the inquiry
into the Indictment had developed no
facs warranting other action.
Eighteen Republicans and the two
Farmer Labor senators joined with
thirty-siX Democrats in favor of the
resolution approving the majority re-
port submitted by Senator Borah, Re-
publican, Idaho. chairman of the in
restigating committee The five op-
posing the resolution were Repub-
licans. The roll call on the Eorah
resolution follows:
For the Borah resolution.
Republicans: Borah, Brandegee,
Brookhardt, Cameron, Dale, Fess,
Frazier, Gooding, Hale. Howell. john
son OF California, Ladd, McNary, Nor
beck, Norris, Oddie. Pepper and STAN
held--1S..
Denocrats:. Ashurst. Bayard, Brous-
sard, Rruce Caraway, Copeland Dial
IliI. Ferris, Fletcher, George, Gerry.
Glass, Harris, Harrison, Hefiin, Jones of
New Mexico. kendrick, King. Mayfiied,
Neely, Overman, Owen, Pittman, Raj
ston Ransdell, Robinson, Sheppard.
simmons, Smith. Stanley. Stephens
swanson, Trammell, Walsh of Massa-
chusetts, and Walsh of Montanan-36.
Farmer-Labors: Johnson and Ship
Stead. Grand total, Sc.
Against Resolution.
Against the Borah resolution:
Republicans: Curtis, Phipps, Spen-
Ger. Sterling and Willis.
Senators present and not voting:
Lodge. Moses, Reed of Pennsylvania,
Wadsworth and Warren. Senator
Lodge announced that he withheld his
vote because of his general pair with
Senator Underwood, Democrat, Ala
Dama. who was absent, but who, it
was announced, would have supported
the Borah resolution.
Republican senators absent were
BAH, Bursum. Capper. Colt, Couzens,
nald. Greene, Harreld. Jones of
= Washington, Keyes, La Toilette,
Lenroot. Mccormick, Mckinley. Nc
Lean. Shortridge, Smoot. Watson and
Weller. 1t was announced that La
F'ollette would have supported the
resolution and that Mckinley was
paired against the resolution with
Mcclellan, Democrat, for. There was
no announcement as to the position
Of the others.
Democratic senator's absent were.
Adams. Edwards, McKellar, Reed of
Missouri, Shields and Underwood 1t
was announced that all of them
would nave supported the resolution,
Senator Wheeler did not vote
Three-Hour Debate.
The balloting came after nearly
three hours of debate, in which Sen
ator Sterling, author of a minority
report holding that with the facts
before it the grand jury was justi-
fed in voting an Indictment, became
the storm center of attack from both
sides of the chamber
Senator Robinson of Arkansas, the
democratic leader, declared that
every honest citizen acquainted with
the facts knew that Senator Wheeler
had been framed" because of his
activities In pressing the investiga-
tion OF the department of Justice and
asserted that senator's would be
cravens and towards" IL they took
refuge behind Senator Sterling's
resolution.
Holds Evidence Conclusive.
Declaring that upon the testimony
adduced before its committee no
reasonable man on earth can say that
Senator Wheeler is guilty or that the
indictment was justified" Senator
johnson, Republican, California, de-
clared that 1t would be "cowardly for
the Senate not to go on record in
Nindication Of the Montana senator.
There are circumstances surround
ing this case" Senator johnson said.
winch arouse Indignation in the
States"
Senator Sterling told the Senate
ne ala not think he ever would have
tS aetend his courage in the Senate;
of his convictions and that he iid
not believe that the Senate by its
vote should prejudice the trial of
senator Wheeler in Montana.
Hoped For vindication,
The South Dakota Senator ioined
with Senator Spencer in expressing
the hope that when he came to trial
Senator Wheeler would be able to
refute every one Of the charges made
against him.
''But it's not fair" he added, ~for
US to sit here as a trial jury to de-
termine guilt or innocence"
In opening the days debate Sem
ator Swanson, Democrat Virginia.
member of the investigating COM
mittee, declared there could be no
aossor ose reppehsnsible hs thing than for
mailed" when he performed his duty
and dared to see that the party in
power is conducting the public busi-
ness fairly and honestly"
argument that the Senate should not
prejudice the court trial, Senator
Swanson charged that the South
Dakota senator's minority report had
been sent to Montana under a gov
ernment frank for circulation there
ito prejudice public opinion"
rs that the way justice is to be ad-
ministered?" he demanded. as that
the way public opinion Is to be con-
trolled?"
Disagreeing with both the majority
and minority reports, Senator Spencer
said he thought the sole question be-
fore the Senate was to determine and