Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-21
REASONS BEHIND
SMITH VOTE Barred
Held Significant Only as First
Effect of SIush Probe
by Senate.
BY DAVID LAWRENCE.

Although the vote of the Senate to
refuse the qualifying oath to Col.
Smith of Illinois is unusual, ii can
hardly be regarded as a precedent for
future cases. The Senate did not de
cline the oath to Sena tor elect Gould
of Maine, but permitted him to qualify
and now is investigating the charges.
The issue in the Smith case Is differ
ent, because the Senate had already
investigated the charges against Col.
Smith, just as it has gone exhaustive
Nv into the case of SenatOr-elect Ware
of Pennsylvania.
Having before it a report from one
committee condemning excessive eX-
penditure in campaign. the question
that the Senate really decided was
what effect such a report has or snail
have on the administering of the quail
flying oath to individuals who either
are elected or appointed.
The reference of the Smith case to
the committee on privileges and cleo
tons is a formalitY. 1t is that com
mittee which recommends whether
man shall or shall not be seated. SO
the vote of the Senate on Thursday is
significant, in that it is the first effect
of the investigation conducted during
the last campaign.
Should a man come to the Senate
door with credentials of election in
which there have been charges, but on
which there has been no investigation,
the chances are the oath would be .ad
ministered and the matter referred to
the committee on elections and privi-
legeS for investigation. The action In
the Smith case is due to the fact that
most Senators felt the matter had
been thoroughly investigated, and they
did not wish to use up the Senate's
time with extensive hearings or fur
Their debate.
The verdict indicated is a refusal of
a seat to Col. Smith by much larger
vote than that taken Thursday. Sew
eral voted to administer the oath and
investigate afterwards who on the
final report might not vote to seat.
In any event the right of Col. Smith
to a seat in this Congress will have
been denied in a few days. There is
nothing to prevent the Governor of
Illinois then from appointing another
person to fill the vacancy caused by
the death of the late Senator Mckin-
lev for the term expiring on March 4
of this year.
Then Col. Smith, who has been
elected to take Office on March If
the Senate should be in extra session
or 10 take a seat III tIlS DSICillbCi SCS-
sion this year, would have the right
to appear before the new Congress
with credentials of election.
The Senate would be Republican by
a narrow margin of one, and it is con-
coded that Col Smiths chances of
admission in the next session are even
more remote than they are at this
session.
Yet he can only relinquish the sena-
torial toga voluntarily So if he re-
signs the post to which he is elected,
then a special election will have to be
called for next November. 1t is not
improbable, however, that Col. Smith
might choose to carry the fight TO the
next Congress, in which event action
might not be taken until December
or January.
The belief of the friends of Col
Smith is that in time he might be
able to win converts to his cause and
that he had a great deal to gain by
prolonging the controversy, especially
because prejudice runs high at this
time because of the Reed investigating
committee report.
tCopyright. 1927