The Washington times., 1927-01-19
Continued from paee IL

Deneen drew out a. the musty
files Of the Senate q score Of
pfecedents in which Senators.deaig.
nate and Senator's lect were given
their oaths even though eIection
contests were filed against them.
In the case Of Col. Frank L.
smith there il no charge that he
hclzs the qt1Ai ificatipps specified in
the constitution. sHe b 80 years of
age, IL a citizen OF the United States
and has been tor over years, was
an iihabitant OF the State Of Illinois
when Appointed. and has never vio4
lated the iI1hibitione of the Four.
teenth amendment. Therefore under
the preded dents, he Is entitled to take
the oath Of office said Deneen.
In citing preced&nts. Deneen re.
called the contests against Senators
Srioot tHl, Of Utah. Smith I'D. Of
Maryland, Kirby CD. Of Arkansas,
Newbefry fE2l. OF Michigan, Moses
tR), Of New Hampshire, Mayfield
tI)l, of Texns, ,Selall (Fsl, of Mime
sofa. ana Gould lEo. df Maine, in
recent years, where the oaths were
administered even though contests
were filed against them.
In the Moses contest, Deneen
quoted Senator Reed D.l of Mis-.
souri, as saying: ut is not the Gus.
tom Of Congress when q man pre-
sents himself IN either House with
b certificate In proper form TO deny
him his seat pending the contest.
IL that course Is TO be followed
IN all other cases one.thifd Of the
Senate might be kept from their
seats and business Of the greatest
importance might be transacted
whole. the represent atives Of ioIfe.
third Of the States of the Union were
deprived Of the opportunity to sit in
this chamber =
Stephen Douglas Quoted,
Deneen stressed the precedent
established in 1S49 when the senate
g&ve the oath to Major General
Shields, elected a Senator from
He quoted stephen Douglas =.
length defending the seating Of
Shields whose election by the state
leRiSlatlres had been contested.
Douglas demanded that Shields be
sworn ana the contest Investigated
afterwards. The Senate then gave
shields his oath. Deneen said.
Reeds resolution read:
Resolved, That the question Of
the prinaa facie right Of Frank L.
Smith to be sworn IN as a Senator
from the State Of illinois as well
aA his final rightsto seat az such
Senator, be referred to the Com
1nittae on Privileges and Elections;
ana until such committee shall re.
bort Jpon and the Senate decide
such question and right, the said
Frank +. Smith shall not BE- sworn
III or be- permitted to occupy a
seat IN the Senate.
'.The eaid committee shall pro.
coed promptly and report to the
senate at the earliest possible mo.
fnenk.
1T il not my purpose.to enter into
q discussion Of presidents or to
analyxe this case" Reed opened,
Senator's may take whatever
course they may choose In this mat
ter 1 simply remark that the ZINE
or defnarcation In the question il 50
great II needs but to be nienti mel
70 be fully recognized"
Has official knowledge
''In these other cases the appli.
cant. for the seat presented his Gre
dentials and asked to be sworn in
He was allowed to take his oath
and then the question Of whether
he should remain seated was de-
cided later.
I'm this case" said Reed, ''the
Senate has official knowledge, which
was gathered through select com
naittee. The evidence was taken
under oath. It has been submitted
to the Senate along with the find
ings Of the committee. 1t Is here
and now within me conscience Of
q the Senate.
IL that evidence is sufficient to
raise q serious question as to the
right Of Mr.. Smith to seat, then
1t overcomes the prina facie made
BY the certificate Of the Governor
Of Illinois.
The question must be tried out
ana settled on its merit.
Under such conditions, it Is al
most absurd to say the oath must
first be administered and then d
hearing held and then an expulsion
take place. That would seem to be
4 rather ridiculous performance.
ITO my mind. the showing that
has been made and repkrted to the