Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-19

Senator Moses of New Hampshire il
1919, Senator Newberry of Michigan
In 1919, Senator Mayfield of Texas
in 1898 Senator Scholl of Mime
sofa in 1925 and Senator Gold OF
Maine, recently seated. In all these
Eases contests were noted. but the
oath was administered when the Gre
-Aoentials were presented in due form
= Senator Deneen also discussed the
case of Maj. Gen. Shields, Senator
az different times from three States
illinois, Minnesota and Missouri.
Shields was elected Senator from
Illinois in 1S49. Because of alleged
disqualification a motion was made
TO refer his credentials to the judi
cary committee. Senator Stephen
A. Douglas of Illinois defended his
right to be sworn in and Shields was
permitted to take. the oath of office.
Examined 80 Cases,
Senator Deneen continued: II have
carefully examined 80 cases between
the case against Senator Shields in
1919 and that against Senator Smoot
IN 1903 in which there were objections
NK0 the credentials offered by Senators
elect or designate. Of these there were
% cases in which the oath of office
was administered over objection and
the matter thereafter referred to ap-
propriate committees for investiga-
ten
in the Is remaining eases between
the case against Senator Shields in
lS49 and that against Senator Smoot
in 1903. the oath of Office was not ad-
ministered. pending investigation.
In the is cases the grounds for con-
test in six related to the loyalty of the
Senator elect; in seven the question
related TO irregularity of elections; in
the case of Adelbert Ames of Missis-
sippi. in 1870, the contest related to in
ability; and in the case OF Shields in
Minnesota and in the Louisiana cases
the objection was that there was no
constitutionally organized State gov
eminent
Concerned Lack of Qualifications.
1T appears, therefore, that in these
10 eases where the oath was denied
until charges were heard by commit
tees the grounds on contest were the
lack of the qualifications defined in
the Constitution Crelating to age. citi.
zenship in the United States and in
habitancy1 and the inhibitions under
the fourteenth amendment.
ITO sum up, then, the precedents
establish that since the case of Gen.
Shields, in 1S49. the Senate has in no
case denied the right of a Senator
elect or designate to take the oath
of office before the hearing of his case,
except where the qualifications specifi-
cally defined in the Constitution itself
We're involved.
I'm the case of Col Frank L. Smith
there is no charge that he lacks the
qualifications specified in the Consti-
tuition. He is 80 years of age, is a
citizen of the United States and has
been for over nine years was an in
habitant of the State of Illinois when
appointed and has never violated the
inhibitions of the fourteenth amend
ment. Therefore under the prece.
dents, he is entitled TO take the oath
of office"
Cites Shields Case.
Senator Deneen in discussing the
case of Gen. Shields, elected Senator
from Illinois in 1S49, quoted Senator
Douglas as follows:
His credentials are in due form,
and therefore entitle him to a seat
IN this body. He stands in precisely
the same position in which other
Senators stood who We're yesterday
: admitted to seats, and if there is any
objection on the ground of ineiigibilitv
1t must arise after he has been sworn
and has taken his seat This BODY
has no jurisdiction over him on this
matter until he has been admitted IL
his seat as one of its members, for
then alone can the question OF
eligibility arise. At present he has a
right to a seat here and to d vote or
any question that may arise until the
Senate shall judge him ineligible"
Senator Reed Democrat, of Missouri
called upon the Senate to refer the
credentials Of Col Smith to the
privileges and elections committee anC
then offered his resolution.
Il wish simply to remark a this
Time" said Senator Reed, that the
present case is distinguishable from
an Of the cases referred to by the
Senator from Illinois, and that the
line of demarkation 8 SO cleo lH4t &
my humble Judgment it has to be
but mentioned and be recognizes
In the cases cited the applicant
for q seat presented credentials and
asked TO be sworn in. The credential.
were held to be prima facie evidence
of right TO a seat, and as no con
curing showing before the Senate hat
been made IN opposition the applicant
was allowed to take the oath and theI
the case was referred an appropriate
committee.
Opposes Comforting Oath
an the present case, Mr.. Smith ap
3 ,,ears with credentials. They are IL
uroner form. If that were all the in
formation the Senate had before il
the ordinary course would be to &C
= cent the credentials and swear him in
Though / am far from saying that i
the Senate had general information
that an applicant for a seat was no
q proper person, that the Senate wouls