Evening star., 1926-12-03
Primary Legislation.

Charges brought against Senators.
elect Smith of Illinois and Ware OF
Pennsylvania are based on alleged cor
ruption in the nominating and election
machinery in two great States. An
effort is being made to show that po-
litical corruption extends into other
States, including Massachusetts, Maine
and Indiana. 1t remains to be seen
whether the uproar over alleged cor
ruption in elections is to be merely for
partisan political capital or whether
there is to be a sincere effort to rem
edy the situation.
II the Democrats, in their discussion
Of the alleged corruption in elections,
contend that 1t is found only among
the Republicans. they may find the
country laughing at them. If the Phil
adelphia machine" is Republican, no
one doubts for a moment that the po-
litical juggernaut in New York is
Democratic. Democrats have been
known to manipulate Cook County,
Ill. 1t is not unlikely that efforts will
be made by Republicans to throw light
on primary elections in some of the
States of the solid South, where the
Democrats are in supreme control.
How far the Federal Government
can go in the regulation of primary
nominating elections in the States is
yet to be determined. But however
far the Federal Government can go, it
must be agreed it is the duty of the
States themselves to protect their own
elections. To leave the regulation of
their primaries to the central Gov
ernment is to argue themselves unfit,
incapable and Indifferent.
When corruption and indifference
creep in and the voters of a State
are supine, the demand for action by
the Federal Government follows as
matter Of course. The Senate and
House. under the Constitution, have
the right to protect themselves from
corruption in the election of their
members. They are the sole judges
OF their qualifications. They can re-
fuse a seat to any man or woman
nominated or elected corruptly. This
is their line of defense against a cor.
rupt membership. Whether the Con-
gress can or should seek to deal di-
rectly with the primary elections in
the States is another matter, which
doubtless will be given serious con-
sideration in the coming session and
in the Seventeen Congress. 1t is pos
sible that any real attempt at leg
islation will await final action on the
Smith and Ware cases. They will
not come before the Senate until the
Seventeen Congress assemblies. The
legislators will in that event have
the advantage Of the debate on these
election cases before undertaking to
pass law dealing with primary elec-
tions. No regular election of men,
berS of Congress occurs until 1928,
and the Seventeen Congress. in it's
1irst session, can legislate in time
for that election, If it so desires.
The right of Arthur r. Gould, Sen.
ator-elect from Maine. to a seat is
10 be challenged. it is said, at the
coming session of Congress. He comes
to fill vacancy. But Mr.. Gould's
case differs from those Of Ware and
Smith. While charges may be filed
against him, he will present himself
in the Senate without an investiga-
ton having been made Of those
charges by the Senate slush fund
committee. In all probability he will
be seated forthwith and his election
then Investigated by the Senate. That
is the usual course. In the cases of
Mr.. Ware and Col. Smith. however, a
Senate investigation has already
been had. A further investigat ton
would in all probability merely pro-
duce a repetition of the testimony
already given. In this unusual, prob
ably unique. situation in which
Smith and Ware find themselves, CD.
ponents of their seating find justifi.
cation for refusing to allow the Sen
ators-elect from Illinois and Pennsyl.
vania to take their seats as a routine
matter whenever they present them.
selves.