Evening star., 1926-12-16
Arizonan Submits Resolution
to Block Seating of
IlIinoiSan.
ACTION ON PROPOSAL
PUT OFF TO TOMORROW
Colonel Still Silent on Offer, But
Acceptance Is Taken for
Granted.
BY G. GOULD LINCOLN.

The fight to prevent Col. Frank J..
Smith, appointed Senator from 1lli-
nois today by Gov. Len Small. from
taking his scat, began Immediately
after the Senate met at noon. No Sen
ator, Republican or Democrat, be
lieved he would be seated.
Senator Ashurst of Arizona intro
duced a resolution to prevent Col.
Smith from taking the oath of office
if he finally accepts the appointment
and comes here to qualify as Senator
from Illinois to fill the vacancy
caused by the death of the late Sen
ator William Il. Mckinley.
The Reed slush fund investigating
committee drafted a preliminary re
port of it's investigation of Col.
Smiths primary campaign. The re-
port sets forth the evidence obtained
by the committee regarding the
Smith campaign contributions and ex-
penditures.
Action Left to Senate.
II makes no recommendation, how
ever. leaving the Senate to determine
what should be done regarding Col.
Smith. The report, it was said, Will
be signed by all four members of the
committee now in the. city--Senator
Reed of Missouri. chairman; Senator
McNary of Oregon, Senator Golf of
West Virginia and Senator King OF
Utah. Senator La Toilette of Wis
consin is absent on account of illness.
The Reed committee included in its
report a statement of the campaign
expenditures and contributions to the
campaign of the late Senator Mckln-
ley and also to the campaign or
George T.. Brennan, Democratic
Senator AShurst asked immediate
consideration of his resolution to pre-
vent Col Smith from taking the oath
of office if he accepts the appointment
and comes to Washington. He made
his request after he had read to the
Senate a prepared statement outlin-
ing his protest against the seating or
Smith.
Senator Watson of Indiana asked
Senator Ashurst If it would not be
advisable to seek action on his reso,
luton after it had been determined
whether Smith would accept the ap-
pointment or not.
Senator AShurst replied that ne
thought it might be fairer TO Col.
Smith to let him know the attitude
of the Senate before he reached de-
cision in the matter.
Resolution Goes Over.
Senator Ashurst's resolution final
" went over until tomorrow at the
request of Senator Curtis of Kansas.
the Republican leader. Senator
n L. I,n6 M nh
ton to this course.
Senator Ashurst's resolution pro-
yided:
THAT the qualifying oath be not
administered TO Frank l.. Smith.
the member designate. and that the
special committee tthe Reed commit
tee) appointed under and by the
authority of Senate resolution 1Sa.
sixty-ninth Congress. first session, be,
and it hereby is. directed to report
to the Senate at the earliest conVen-
lent date such recommendation in
the premises as may to the said spe-
cial committee seem advisable.
In a statement accompanying his
resolution. Senator Ashurst defended
the course proposed by him as fol-
lows:
1.-THE United States Senate has
plemnary power to protect the purity
Of the elections whereat its members
are to be chosen by refusing member
ship in the Senate to whosoever will
fully and knowingly countenances
and permits bribery. corruption or
fraud. or. who knowingly and willfully
permits and countenances the eXpendi-
ture of excessive sums of money TO
promote the candidacy of the person
claiming membership in the Senate
Calls Senate Sole Judge.
1.-The Senate is the sole Judge of the
elections, returns and qualifications of
its own members, and the Senate has
the power to exclude from it's member
ship any person whose election or
may be waited by fraud,
corruption, or by the expenditures
of excessive sums of money!
Republican leaders contend Smith
was elected for the term beginning
March q. 1927, and that if there is to
be a fight over his right to 81 seat. it
should be made i'm the next Congress.
not now. They fear the injection of
the Smith case will prevent the Sen
ate from completing its work on ap-
bills and bring about a
gress next Spring. which they particr-
larly do not wish.
Some of the Republicans. however,
Senator Watson of Indiana.
assistant leader of the Senate, said
today that they favored an immediate
vote on the proposal to keep Smith
out of the Senate at this time, If he
comes here. They indicated they
would cooperate with the Democrats
TO bring about such vote.
Doubt still existed here today that
Smith would finally accept the ap-
pointment. In some quarters it was
suggested that the announcement of
MS appointment by Gov. Small was
,n the cards, with Smiths declination
soon to follow. In this way, the atti-
ude of the governor toward Smith and
MS election last November would be
Kept clear on the record
On the other hand, it has been real
zed here for some time that Smith
wants to make the fight to be seated
n the Senate without further delay:
hat he believes he would have a bet
er chance now than on the eve of a
presidential campaign.
Two Courses Open.
At least two courses appear to be
open to Col. Smith. The first is. to
lccept the appointment and come To
and make his fight. If
,A does ii NAV lead to an ugly row