Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1926-12-22
s"For when the One Great Scorer
Comes to write against your name,
He writes not what you won or lost
But how you played the game"
THE SENATE AND THE STATE

what the United States Senate may
or may not do about concurring with
the choice made by the States of
Maine, Pennsylvania and Illinois.
There Is really no similarity between
the case Of Senator Gould from Maine
and that of Ware Of Pennsylvania
or Smith Of Illinois. Mr.. Gould has
been sworn in as Senator and has
become member. II expelled it
would require a two-thirds vote.
Section v OF the Constitution pro-
vides: Each house shall be the
judge Of the elections, returns, and
qualifications Of its own members
xxx" The trainers of this Con-
stitution undoubtedly were not in
sympathy with the attempt made in
England prior to our Revolution to
refuse to seat John Wilkes. Parlia-
ment did this repeatedly under the
lash of George III, and Wilkes con-
stituency as often insisted on reflect
ing him. Finally political develop
ments overcame the opposition Of
Wilkes enemies. It Is not to be
assumed that our statesmen wished
to impose a like possibility on our
parliament, but from the first the
Senate has assumed the right to
reject anyone 1t may wish to reject.
It is not because of the elections Of
Cpnofnr Could affhar wi
final. that objection to him has been
raised, but on account of a charge
Of being connected with bribery of
an official Of another country several
years ago, which was threshed out
before the voters Of Maine and dis
regarded as worthless.
The charges against Smith and
Ware are on account OF elections. The
former is charged with having re-
ceiyed a large primary campaign
contribution while chairman of the
States public utility commission,
from the public utility promoter, Mr..
insult. This fact was known to the
voters Of Illinois when they elected
him to the next Senate. This Is not
calculated to enhance respect for the
voters OF that State, who thus ap-
pear to have endorsed as proper in
their estimation, person with
interests before a court making con-
tributions to the Judge. However,
Smith has met with their approval.
They chose him to represent Illinois,
and in light Of all the facts he ap-
pears qualified to do so.
His case is further complicated by
his appointment by the Governor of
that State to a vacancy in the present
Senate. He has, it is said, been told
to keep away from this Senate, that
wishes to do its work without entail
ing an extra session on the country.
What Smith will do in the premises
We have not learned at this writing,
but the Senate assumes it has the
power to refuse him admission by a
majority vote or If admitted to I'M
seat him by two-thirds vote.
This Senate will not have to con-
slider Wares case. He Is charged
with excessive expenditures in the
primary and with fraud In the fol-
lowing election. There would seem
to be no question respecting the
right Of the Senate to inquire into
the charge of fraud in the final cleo
ton but as to its right to review the
primary election there Is a difference
OF opinion. The 18th amendment to
the Constitution, pertaining to the
election Of U. S. Senators, provides
that 1.-THE electors in each State shall
have the qualifications requisite for
electors Of the most numerous branch
OF the State legislatures" Some have
assumed the Senate derives added
power over the primary by reason of
this amendment. In the Newberry
case, the charge being excessive ex-
penditures at the primary election, the
Supreme Court, to which 1t was re-
ferred. failed to make a decision,
four justices concluding Congress
has the power to interfere, four that
1t does not have the power and one
not voting.
When the tight against polygamv
In this country was on Brigham
Roberts Of Utah, a polygamist, was
denied admission to the national
House. There was no mention in the
Constitution about polygamy but
there were laws against it, and
there was long dispute whether he
should be refused admission or
admitted and expelled. It was
finally decided not to adflut him.
Probably the Senate can refuse
either 10 receive or to keep Smith.
II enough members SO vote. Illinois
can return him and the fight be kept
up until one or the other gets tired.
Tue Senate will hardly wish to in
vits locking Of horns with a SOW.
ereign State. There is Article IN ~
the amendments providing "Tbe
powers not delegated to the United
states by the Constitution, nor pro-
nioifed BY 1t to the States, are re.
servea to the State respectively. or
10 .as people" While States ara
Negligent about doing that which
.ney should DO. preferring to permit
me Federal Government to do -
~nen II comes actually to taking
olo 'oem what they conceive to be