New Britain herald., 1927-01-19
SEN. REED SOUNDS
 WARNING TODAY
(Continued From First Page)

Included in the motion was pro- posal that all objections against the Appointee be referred 10 the elec- tions committee for hearing.
 Defends His Motion.
 Senator Deneen then began q speech in support of his motion. He was listened to with an unusual interest that made the picture one of the most dramatic in years Eighty-one of the ninety-fiye sena- tors were in their seats.
 "Colonei Smith is present. said Deneen. and I ask that he be now sworn in. He was appointed by the governor of Illinois to fill the va cancy occasioned by the death of my late colleague. the Hon. William H. Mckinley. who passed away Dec. |, 1926
 The credentials of Col. smith are in due form. He possesses the quall- flcations prescribed in the constitu- tion for the office of senator. He IS over thirty years of age, has been a citizen of the United States for nine years last past and is an ln- labitant of the state of Illinois.
 He is not disqualified by reason of any inhibition in the fourteenth amendment
 Outlines Smiths Rights.
 The Illinois senator said he would outline briefly his views "on the right of Col. Smith to take the oalh at this time.'
 "It has been the practice of the senate (with a very few early eXcep- .,ons) to administer the oath to lhe senator-elect or designate when ne presented himself at the bar of the sanate with credentials in proper form" he said, regardless or d pending contest. This has been the nractice in the senate for nearly q quarter of q century.
 He cited 30 cases in which oooec- fion was raised to senators-elecl or designates taking their seats, ana said that in g of them the oath was administered before hearing. The nrecedents in this class included the celebrated Newberry case from Michigan.
 Quotes Lodge and Reed.
 Senator Deneen also quoted the late Henry Cabot Lodge and sena- for Red of Missouri, who was wait ing to offer an alternate motion 10 deny Smith seat pending hear Ing The Reed quotation was from dehate on the seating Of senator Moses of New Hampshire in l9ls. Senator Deneen read from senator Needs remarks as follows:
 "It is not, as l understand, ihe custom of congress. when ildh presents himself in either house with a certificate in proper form, 10 aens him his seat pending the contest. If. then. we were to refer this mat Ter to the committee, what is 10 De rained by it? The certificate is in proper form: that is admitted.
 DO we propose 10 keep this man from his seat while the committee on privileges and elections institutes sn inquiry as to whether or not an election contest ought to be started and then to keep him from his seat during all of the contest. for all the weeks or months that that contest might proceed?
 "If that course is 10 be followed in this case, then it can De 1oi4oMeu in all other cases and one-third or +he senate might be kept from thelr seats.
 Tt seems to me that the better practice is at once to permit the swearing in of any man who comes here with a certificate the regularl- ty of which is not challenged"
 Reed Leads Opposition.
 When Senator Deneen finished, Senator Reed of Missouri, offered his resolution to deny Smith the oath until the elections committee has given him hearing.
 The Reed resolution was as fol- lows:
 Resolved, that the question or the prima facie right of Frank l.. Smith to be sworn in as a senator from the state of Illinois. as well as hi, final right to a seat as such sen- ator, be referred to the committee on privileges and elections; and until euch committee shall report upon and the senate decide such question and right, the said Frank l.. smith shall not be sworn in or be permitted to occupy seat in the senate, The said committee shall proceed promptly and report to the senate at the earliest possible moment"
 Different Case, Says Reed
 Presenting the resolution, Senator Reed said the present case was diff Serent from all of those cited by Deneen.
 And the line of demarcation is so plain" he continued, that in my humble judgment it needs but to be mentioned to be recognized
 This was the first case said the Missourian, where there had been a showing of evidence before the sen ate prior to the presentation of cre- dentals. He referred to the pre- liminary report made by his cam paign funds committee on Smiths primary contest.
 "The credentials in this case are in proper form" Senator Reed said, 'and if that were all the information ,he senate had before it the ordinary course would be to accept the prlma facie showing and allow the osth to be administered.
 Rut in this case the senate has of ficial knowledge of facts gathered by a select committee of the senate. The evidence was taken under oath. It is here
 Reed argued that this overturned the prima face ease made by the governors certificate.
 Tt is absurd 10 say" he added, "that the oath must be administered and the case heard.
 T grant you we should proceed