Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-02-01
COL. SMITH FINDS
FOES UNSWAYED
Brief Visit ConVinces Him of
Strength of Opposition to
Senate Seat.
BY DAVID LAWRENCE.

/ Col Frank Smith Of Illinois has
| learned during his brief visit here that
there is a definite sentiment against
| him at this session He had hoped
! thai legal arguments would sway the
members of the Senate. but he has
discovered that nothing win avail.
While it is true that Mr.. Smith is
! not in good health at the moment, it
/ is also true that his chances for con
sideration are better in the December
session than they would be if the vote
were taken this week. In other words,
] the question of whether the Senate
will reject man who has been duly
; elected after the people were fully
! aware of what happened in the prl-
mary campaign is a little more diff
cult to decide than the question of
| personal fitness in connection with the
appointments by governor.
Court Action Predicted.
There are those who believe that
Mr.. Smith will carry his case to the
Supreme Court of the United States
if he is ultimately refused a seat in
the Senate. But some members of the
Senate declare that this would be a
futile move, because, under the Consti
tuition, the House and Senate can
make their own rules.
just what Col. Smith decides to do
has an important bearing on the dis
position of the case of Senator-elect
Ware of Pennsylvania. a certain
group of Senators would prefer to
have both cases considered in one
purely on the grounds of excessive
expenditure, irrespective of the
sources of contribution. This means
that some limit on campaign eXpendi-
lures will be attempted once more.
The whole problem has been com
plicated by the fact that there is at
present a legislative jam and mem
bers of the Senate are not disposed
20 allow much time to debate on the
question of eligibility when such.
debate might be the lever to force an
extra session.
1t is believed that Col. Smith was
persuaded by some of his Republican
friends that it would be wiser to
allow the matter to rest with a COM
mittee report at this session. This
means that when Mr.. Smith presents
his credentials next December the
committee would have to sit again
and make new report.
Would Change Argument.
The case at that time would differ in
thatsthe arguments in the case of Col.
Smith would be that he had been
legally elected by the people of Illi-
nois and that the Senate had no right
to inquire into what happened in
the primary contest. 1t is generally
conceded that there is more to be said
on this kind of question than on the
mere appointment by a governor.
1t would appear, therefore, that for
the remainder of this session. which
expires on March 4, the State of
illinois will have only one representa-
tive on the floor of the Senate. Under
the precedent established at the pres
ent session, it is very likely that
Illinois viii not have two votes for
some time to come, because when Col.
Smith presents his credentials in
December they will be referred to a
committee. and until the committee
report is debated and finally voted
upon there is no opportunity for the
Senator-elect TO take part in the pro-
ceedings.
As this probably will be the same
procedure for the State of Pennsyl-
vania, the Senate will consist of "a
members. There is a constitutional
provision to the effect that no State
shall be deprived of its representation
in the Senate without it's consent
The answer of Senators to this
phase of the problem is that the State
of Illinois has the power to vacate the
certificate of election given Col. Smith
and hold a special election TO choose
successor.
The Supreme Court of the United
States has never been called upon to
decide case of this kind and there
are many persons outside the Senate
who. entirely apart from the political
question involved, would like to have
the whole thing. clarified by court
decision.
Copyright 1927