Evening star., 1927-03-20
BALLOTS ORDERED
SEIZED AS BARRY
DEF|ES PROBERS
Reed Committee Names Spe-
ciaI Deputy to Get Boxes
in Pennsylvania.
AUTHORITY QUESTIONED
BY SERGEANT ARMS
Refuses to Follow Instructions OF
slush Investigators Without
Legal Advice First.
BY G. GOULD LINCOLN.

Brushing aside all obstacles ana OPP
,oos;tton the Reed slush fund com
mittee late yesterday ordered jerry
South, a special deputy, to seize the
ballots cast in four pennsylvania. I
counties in the Vare-Wilson senatorlai
election.
This action was not taken until the
committee and the Igeant-at-afhls
of the Senate, David S. Barry, hao
come to the parting of the ways MT
Rarrv virtually defied the commlttee'
replving to a peremptory order to I'M
pound the ballots that he would hol
act until he had time to consult Win
those whose opinions should nave
legal weight"
The Reed committee is driving
ahead ignoring the challenge OF It's
authority by Senator Keyes OF New
Hampshire, chairman of the commit
tee in control of the contingent tuna
of the Senate. Senator keyes mas
questioned the legality or eXpehol'
lures of money from that fund by the
committee since the expiration or the
Sixty-ninth Congress, during whicn
the special committee was appointed.
Committee to Put up MONEY
The committee itself will put up the
money, Senator Reed of Missouri,
chairman, declared. 1t is understood
that the Missouri Senator will ad-
vance the 81 900 needed to begin the
work of impounding the desired
ballots.
''The committee is unanimously OF
the opinion it has every authority 10
act il ever had" said Senator Reeo
last night. THE adjournment OF
Congress has in no way impaired It's
authority" -.
ing. The committee met in the morn
ing and gave verbal direction 10 Mf'
barry TO proceed to carry out lts
order of March s, to impound the
ballots in Delaware, LackaWanna'
Luzerne and Schuylkill Counties IN
pennsylvania 1t followed this up
with a formal note of instruction to
the same effect and gave the sergeant
alarms until pm. TO answer
When the committee reassembled at
that hour, Mr.. Barry's reply was
before it, declining to move In the
matter until he had opportunity 10
obtain legal advice.
Then the committee proceeded TO
write another note, this time TO jerry
South, former clerk OF the House aIio
a Democrat, who had been previously
emploved by the committee to aid Mr.
barry in imnounding the ballots In
Philadelphia and Pittsburgh, which
aireadv are in possession of the com
,nittee. This final note gave Mr..
south full authority to seize the
ballots.
Prompt Action Expected.
r..L a. i- avnactad will nro-
coed to the Pennsylvania counties at
tho earliest possible moment and de-
rnand the ballots for the committee.
Penosylyania authorities in charge
some of the ballot boxes have in
dicated they will resist the demand OF
the committee, on the ground that 1t
lacks authority. Court action VIII rol.
low, and the committee Is prepared
FOR that course. 1t is expected that
on effort will be made to get the mat
Ter into the Federal courts, and if
necessary. to the Supreme Court for
final determination as soon as possible
The committee had before it yester-
day Vance C. Mccormick, one time
chairman of the Democratic national
committee and prominent in the VIII
son senatorial campaign last Fall, as
a representative of William B. Wilson,
the Democratic candidate who is con
testing the election of Mr.. Ware. David
Wallerstein. a Philadelphia attorney,
counsel for Mr.. Wilson, and Edward
Thurdber Paxton, director Of the com
mittee of Seventy Of Philadelphia, a
reform organization, also appeared.
MIR. Ware was invited by the com
mlttee to be present or to send repre-
sentatives to the committee meeting.
Mr.. Ware ignored the invitation. He
has held that the committee is without
authority since the adjournment Of
the Sixty-ninth Congress, and SO
notified the committee several days
ago.
Reed Issues Statement.
Commenting upon the course adopt
ed by the committee, Senator Reed
said after the final meeting:
1T is no part of the business of the
sergeant-at- of the Senate to act
as legal adviser Of the Senate or its
committees But this committee recog-
nizes the right of the sergeant at arms
10 take such advice as he sees tit.
Meantime, the committee does not in
tend TO wait on the advices OF the ser
geant-at-arms.
After announcing the order Of the
committee to Mr.. South 10 act in place
Of Mr.. Barry in the matter of i'm.
pounding the ballots, Senator Reed
continued:
I'VE will see whether the authori.
ties of Pennsylvania will refuse or not
refuse TO turn over to the Senate the
ballot boxes, ballots. lists and other
papers in the four counties in ques-
lion. If they do refuse, then the mat.
ter will go TO the courts for determina.
ton If they give the ballot boxes and
taDers over as they should do they
will be brought here and kept in Gus
tody for such action as the commit
Zee may take in the future"
Senator Reed said that Mr.. South
had been instructed to give both Mr.
Ware and Mr.. Wilson and the Pennsyl
vania authorities every opportunity tc
see that the ballot boxes were care
fully sealed and safeguarded
THE committee is proceeding in
these four counties because 1t was
asked by Mr.. Wilson To impound tho
ballots there" said Senator Reed. II
is not impounding them elsewhere be
cause neither Mr.. Wilson nor MIR
Ware has asked to have them i'm
pounded: ..........,..
"a ask. but the committee has hearc
nothing from him since his letter
A s..tR