Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-21
SMITHS REJECTION
BELIEVED TO MEAN
DEFEAT FOR Ware
Senate, 48 10 80, Refuses to
Seat IIIinoisan and Then
Investigate.
COLONEL INDICATES
HE WILL FIGHT TO FINISH
Precedent Set Yesterday Seems
Sure to Have Bearing on
Pennsylvania Contest.
BY G. GOULD LINCOLN.

BY G. GOULD LINCOLN.
The Senate set a precedent yester-
DAY which promises to prevent not
only Col. Frank +. Smith. Senator
designate and elect from Illinois, but
also Representative William S. Ware.
Senator-elect from Pennsylvania. from
getting even a toe hold in the Senate.
The Senate voted. as to SO, to deny
Col. Smith the right to take the oath
of Office and then have his case in
vestigated. He Is to be investigated
prior to final decision by the Senate
as to whether he shall sit in that body.
Having lost the first round of his
fight for admission to the Senate. Col.
Smith is to go before the Senate
privileges and elections committee to-
morrow, according to his counsel. and
begin his effort to convince the COM
mittee and the Senate that he is en-
titled to be a Senator Of the United
States and that nothing which oc-
CURED in the senatorial primary last
ship in the Senate
L ne w due I6HOluLlOH duOPlCQ ny
the Senate submits to the commit
tee on privileges and elections two
questions, the first is the prima facie
right of Col. Smith TO be sworn in
as Senator; the second is his final
right to seat as Senator.
The committee on privileges and
elections. according to the vote taken
in the Senate yesterday, has a ma
jority in favor OF the prima facie
right of Col Smith to be sworn in
as Senator. OF the 13 members Of
the committee s were recorded in
the Senate vote as fayoring the
swearing in of Col. Smith. and as
opposing his taking the oath. Six
Republican members and two Demo-
cratic favored Smith, and four Demo
cratic members and one Republican
opposed him.
Even If the committee should report
to the Senate by q. majority vote that
Col. Smith should be sworn in, the
Senate, in the light Of the vote taken
Yesterday, is certain to adopt the
report of the minority, which would
oppose his being sworn in.
Col. Smiths course before the com.
mittee will, 1t is believed, be deter
mined largely by what the committee
ASSAAOS 40 " 10 AAC SSOPO VI AIS
inquiry.
Ernst Calls Committee.
Senator Ernst Of Kentucky. chair
man of the privileges and elections
committee, has called a meeting of his
committee for 10 o'clock tomorrow
morning. AT that time the commit
tee will decide upon it's procedure,
whether it will conduct the investiga-
ton of Col. Smith by subcommittee or
by full committee. and what witnesses
are to be summoned and when.
Col. Smith, who has been suffering
from an abscessed ear and who for
two days sat in the Senate chamber
while the Senators debated whether
he was to be allowed to take the oath
of office or not, was at his hotel today.
No statement would be issued by Col.
Smith prior to tomorrow and his ap-
pearance before the committee, coun-
sci for Col. Smith said today.
Senator Reed of Missouri. chair.
man of the slush fund committee
which last Summer turned up the evil
dence used to bar Col Smith from tax.
ing the oath of Office yesterday, will
go before the privileges and elections
committee If he is invited to appear.
1t was his resolution to refer the Gre
dentials of Col. Smith to the privileges
and elections committee for a full in
yestigation, which was adopted by the
Senate yesterday.
The opinion generally expressed at
the Capitol today was that the vote
cast for Col. Smith in the Senate yes.
terday was the maximum strength
which could be mustered for the Hi.
noiS Senator-deSignate Several of the
Democrats and Republicans who were
counted in favor of administering the
oat to Col. Smith yesterday, on a
vote whether he was entitled to a
seat in the Senate, are expected to de.
clare against Col Smith.
Case Believed Hopeless.
Republican and Democratic Sena.
tors alike regarded Col. Smiths case
as hopeless. They coupled with this
mia would never be permitted to take
the oath of Office in the Senate.
The Ware case does not come before
the Senate in the present Congress,
but as soon as the Senate meets after
March 4. Unless a special session of
the Senate is held. 1t will not convene
until next December.
Chief among the arguments which
prevailed against the seating Of Smith
Yesterday was the contention that his
case already had been investigated by
a Senate committee, the Reed slush
fund committee. and for that reason
his credentials. even though in regular
form, should not be accepted as estab-
fishing a prime facie claim to a seat
IN the Senate.
The Reed committee also has in.
vestigated Mr.. Ware and his primary
election, and has found that he was
nominated after the expenditure of
very large sums of money, and that
charges of corruption in the primary
election had been made. The belief
today was that the Pennsyl.
,anian would be stopped at the door
If the Senate just as was Col Smith.
If Col. Smith goes ahead with his
contest before the privileges and elec.
lions committee, it is probable that
he investigation by that committee
will require at least two weeks. Many
witnesses may be summoned here
rom Illinois.
insult May Be Summoned.
The committee will have the benefit
If the testimony taken before the
Reed committee. 1t is possible that
Samuel insult, the utility magnate,
who contributed $125, 900 to the Smith
primary campaign while Col. Smith
vas head of the Public Utilities Com
mission of Illinois. will be summoned
o appear before the committee, and
States Attorney Grove, another sup
porter of Smith. Both of these men
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