Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-23
SENATORS GRANT
DELAY TO SMITH
Elections Committee Post
pones for Week Hearing
on Right to Seat.
By the Associated Press.

Through counsel, Frank l.. Smith,
Senator designate from Illinois, asked
the Senate elections committee yes
terday for a delay of one week in
the hearings on the proposition of
whether he is to be seated as the
successor of the late Senator Will
liam B. Mckinley.
James NJ. Beck, former solicitor
general of the United States, advised
the committee that on next Saturday
he would present arguments designed
TO show that Smith was entitled TO
his seat at this time under appoint
ment of Gov. Small, even il all nj
the testimony adduced by the Senate
campaign funds committee concern
ing contributions to his primary
campaign fund by public utilities
operators was true.
The committee first must pass upon
this question before determining It's
further procedure. Should ma
tority take the view advanced by
Mr.. Beck that would end the hear
ing and a speedy report would be
made to the Senate. On the other
mana, SDDulu the CVtIlililtCC 'NJ~~S
this contention public hearings on
the facts would be ordered.
CarIstrom Here to Help.
ATTORNEY General Oscar Carlstrom
of Illinois was present to represent
the State, which has issued Smith
his credentials. but 1t was not made
clear Just what part he expects to
IL N
to make any comment other than to
fatty deny a statement given out
Friday at his office in Springfield to
the effect that the State had aban-
doned interest in Smiths case and
to declare that he was here to serve
the interests of the State in the con-
troversy.
"As the attorney general of ILL
nois and representing the sovereign
rights of the State to representatives
of its own choosing in the United
States Senate as provided and guar
anteed by the Constitution he said.
II am now contending, and shall
earnestly and vigorously continue TO
contend. for the right of the State
to have Col. Smith seated in the
United States Senate.
finder the facts of the case we
concede no right to exclude him and
with full confidence in the personal
character and integrity of Col. Smith
and his capa city and ability credit
ably to represent Illinois as one of
its representatives in the United
States Senate, / shall stand by the
rights of the state"
Both Return Home.
Col. Smith and the Illinois attor-
new general left late yesterday for
their homes, but they expect to re-
turn for the session of the commit
tee next Saturday. During the week
Smiths attorneys Will study the
whole case in preparation for their
arguments at the resumption of the
committee session.
The Senator designate was pre-
vented yesterday from being pres
ent at the beginning of the proceed
ings because of an abscess in his ear,
from which he has been suffering
practically since his arrival in
Washington last Tuesday.
During it's sessions yesterday the
elections committee made a part of
the record of the case the testimony
taken by the Reed committee relat
ing to contributing to Smiths cam
paign fund by Samuel insult and |
other public utilities operators and
this will continue to play the major
part in the case of the Senator
designate, at least in the debate and
votes in the Senate.
Eight Vote to Seat Him.
Eight of the IS members of the
elections committee voted last
Thursday to seat Smith In advance
of public hearing. some of them
taking the position that the creden-
tails were in order and that he should
he seated as McKinley's successor
irrespective of things that happened
in the primary campaign which pre-
ceded his election to the Senate last
November for the term beginning
next March 4.
Should q majority Of the commit
tee xecomuaendr his, seatings .the-mi-