Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-12-26
BY G. GOULD LINCOLN.

~ Smith case is a different
thing.
1t is different because there has
been a formal investigation of Col.
Frank l.. Smith, Senator-appointed
and Senator-elect from Illinois, by a
duly authorized Senate committee,
prior to his appearance in the Senate
with his credentials. Furthermore,
the Senate conlmittee-the Reed slush
fund committee-has submit ed a re.
port to the Senate on Col. Smith,
setting forth the result of its investi-
cation. In the dozens Of othe;' cases
the contested appointee or Senator
elect has come with his credentials in
his hand seeking adrnissicn before a
Senate investigation has been had.
This is the cruX of 4he Smith case.
and about twill be fd ,gnt the battle
to seat Smith Immediately upon his
presentation of his credentials.
Col. Smith has accepted appoint
nnent by Gov. Len Small to fill out the
unexpired term of the late Senator
William B. Mckinley. 1t has been
reported he will come to Washington
after the holidays and seek to take
his seat. Efforts even now are being
made to get him to change his de-
cision, on the ground that he will lose
his fight and that the only result
outside of his defeat will be a waste
of the time of the Senate, which is
needed for legislation.
Cases of Contests Same.
While the Smith contest in the
present session of Congress will be an
appointment case and not an election
case, as it will be when he presents
himself in the next Congress, the
basis for the exclusion of Col. Smith
OF f1ic ffy,an mill Ha fho hnf
for his expulsion in the next Con-
gress. He has been charged with ex-
cessive expenditures in his primary
campaign and with having been the
beneficiary Of contributions made to
his campaign fund by public utility
magnates, including Samuel insult,
while he was head of the Public
Utilities Commission of Illinois-the
Commerce Commission. The testi-
mony taken by the Reed committee
shows both large expenditures and
the contributions made by insult and
others. insults was $125, 900. Smiths
opponents in the Senate contend he
has been disqualified because of these
facts They contend the Senate has
right to reject Smiths appointment.
They contend the Senate has the right
to decline to permit Col. Smith to
take the oath Of office.
The Senate is a great stickler for
precedent, although not infrequently
1t has made new and contrary prec-
edents to suit the desires OF q ma
jority. But the Smith case-and that
of Senator elect William s. Ware of
PENNSYLVANIA, which is to come In
the next Congress-presents a situa-
ton differing from that in which
former Senator Newberry Of Michigan
found himself when he first came to
the Senate in 1919.
Newberry Charges Probed Later.
Charges were made against Mr..
Newberry similar to those against
Smith and Ware, that he expended,
or there had been expended for him,
excessive sums Of money in his pri-
mary contest for the nomination.
Newberry was permitted to take the
oath of office and the Senate privi-
1eges and elections committee there
upon began an investigation OF the
charges. This has been the custom
since the earliest days of the Senate.
But a Senate committee has already
investigated the charges made against
Col. Smith.
If it had not been for the investiga.
ton by the Reed COMMITTEES, notwith-
standing the charges lodged against
Smith and Ware, there seems no doubt
. but that they both would be sworn
! in Immediately upon their appearing
In the Senate with their credentials.
The late Senator Hoar of Massa.
chusettS, as chairman Of the Senate
committee on privileges and elections
reporting for that committee in the
contest made against the seating of
Senator Reed Smoot of Utah more
than a score of years ago, put the
reason very clearly for the swearing
i'm Of Senators who come with Gre
dentials in proper form. He said:
IF there were any other procedure,
the result would be that third of
the Senate might be kept out of their
seats for an indefinite length of time,
thaspresenting of an objection with
OUT responsibility and never estab
lishaAnAefore the Senate by any ju.
dic5& inquiry. The result of this
nNFht be that change in the political
power af this Government which the
peopAssdesired to accomplish would
be indefinitely postponed
Judicial Inquiry" Issue.
Whka Senator Hoar's argument
sHokS< clearly the need of seating
SenAtees - properly accredited but
against whom charges have been filed
atsthe4Same time it furnishes the very
reAsoNswhy Smith and Ware may not
bA. Seat sds Immediately upon presenta
ton Of their certificates. He indi
Gates that where objections have been
established before the Senate by any
judicial inquiry" then the case would
be very different. 1t may be sup
porters of the seating of Smith and
Ware will contend that the inquiry
made by the Reed slush fund commit
tee is not properly judicial in
curry" 1t is as judicial an inquiry
however, as the Senate can conduct
outside of an impeachment trial Col
Smith and Mr.. Ware both We're heard
by the committee and gi~s., full OBJ
portun1ty to make any statements ir
their own defense they desired
, When Col Smith presents himself
after the holidays to take seat in
the Senate, he will come, it is sup
posed, with credentials from Gov
Small in every respect regular. The
only way in which he can be attacked
is through the right of the Senate tc
be the judge of his qualifications In
the appointment case, there is nc
question of election. 1t is merely 8
question of whether he disqualified
himself by what he did or permitted
TO be done in his primary election.
Right here the supporters of Smith
will question the authority of the
Senate to pass upon his "qualiflcl
tons" other than those specified ir
the Constitution itself. They are tina,
b a Senator must be 80 years Of age
tnar he must have been for nine years
a citizen of the United States. that HI
1 must be an inhabitant of that State
for which he shall be chosen at the
time of his election, and, finally, thai
he must not have been engaged in in
surrection or rebellion against thu
United States.