Evening star. [volume] (Washington, D.C.) 1854-1972, 1926-01-12
SENATE SEATSNYE:
BY VOTE OF a TO39
AF TER WARM FIGHT
Governors Right to Fill Ladd
Vacancy Upheld-NeW Sen
ator Sworn In.
PARTY LINES BROKEN
IN VOTE ON QUESTION
Is Given Seat on Democratic Side,
Although Named as Re
publican.


today seated Gerald p Nye as Sen
ator from North Dakota.
The appointment of Mr. Nye by
Coy. Sorlie of North Dakota had been
challenged on the ground that the
state Legislature had not authorized
the Governor to fill vacancies in tho
Senate temporarily since the adoption
Of the seventeenth amendment to the
constitution, providing for the direct
lection Of Senator's.
Immediately after the vote was an
nounced in the Senate Senator Nye
was sworn in. He was escorted to the
Vice President s desk to take he oath
of Office by Senator Frazier of North
Dakota, who has Championed his right
to a seat in the Senate.
Seated With Democrats.
Senator Nye was given n seat on
the Democratic side Of the chamber
although he was appointed as a Re
publican. He is Non-Partisa
Lacquer, a supporter of the late Sena-
tor La Toilette in his presidential
There was a burst OF applause in
the gallery when it was announced
that the youthful Senator from North
Dakota had won his fight. Senator
Nye IS 33 years old and. next to Sena-
tor La Toilette OF Wisconsin, the
youngest Senator in the present Con
greSS.
in the vote, the greater number OF
the Democrats voted for the seating
of Senator Nye. The Republicans
were split more evenly.
The committee on privileges and
elections had reported adversely u
the seating of Senator Nye. 1t has
been evident. however, within the last
week or two that his chances were
improving.
Strong Argument offered.
One of the principal arguments used
and one of the most effective was that
each State is entitled, under the Con
stitution, to be represented by TWO
Senators in the Senate. With this in
mind, some of the Senators disrega rd-
ed objections which they considered
technical and voted to seat Senator
Nye.
The vote was taken on a substitute
resolution directing that Senator Nye
be seated, which was offered by Sena-
tor Stephens of Mississippi who filed
the minority report of the privileges
and elections committee.
Record of Roll Call.
The roll call was as follows.
Those voting to seat Senator Nye. A..
Senators Ashurst, Arizona: Borah
Idaho; Bratton. New Mexico. Brook
hart, Iowa: Broussard Louisiana:
Capper, Kansas; Copeland. New York:
CouZens. Michigan: Dill. Washington.
Ferris, Michigan; Frazier North Da-
kota; Harreld. Oklahoma; Harris.
Georgia: Harrison. Missippi: Hefin.
Alabama; Howell. Nebraska. Johnson
California; Kendrick, Wyoming; La
Toilette. Wisconsin,: Mex elIar Ten
nessee; McMaSter, South Dakota: Me
Nary, Oregon: Mayfeld. Texas: Neely,
West Virginia: Norris. Nebraska
Overman. North Carolina: Ransden
Louisiana; Reed. Missouri: Robinson.
Arkansas: Schan, Minnesota: Shep-
pard, Texas; Shipstead, Minnesota:
simmons. North Carolina: Smith,
South Carolina; Stanaeld. Oregon
Stephens. Mississippi: Swanson, Vir-
ginia; Trammel Florida: Tyson, Ten
nessee; Underwood, Alabama, and
Wheeler, Montana.
Those voting against seating Sen
ator Nye-39.
Senators Bayard. Delaware: Binc-
ham, Connecticut; Blease. South Care
lima Bruce, Maryland; Butler, Massa
chusetts; Caraway. Arkansas: Curtis
Kansas: Dale, Vermont; Deneen, Hi
nois; Edge. New Jersey; Ernst. Ken
lucky; Fess, Ohio; George, Georgia:
Gerry. Rhode Island; Gillette Massa
chusetts; Glass, Virginia; Goff, West
Virginia; Gooding. Idaho: Hale, Maine:
Jones, Washington; Reyes. New
Hampshire: Lenroot. Wisconsin: Nc
Lean, Connecticut; Means Colorado:
Metcalf, Rhode Island: Moses. New
Hampshire; Oddie. Nevada Pepper.
Pennsylvania; Pine, Oklahoma: Reed
Pennsylvania; Robinson, Indiana:
Sackett, Kentucky; Shortridge. Cali
fornia; Wadsworth, New York; Walsh.
Montana; Warren, Wyoming: Watson
Indiana; Williams, Missouri, and vii
lis, Ohio.