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

! to withhold the seat until an investi-
cation had been had. But in this case
the Senate has official knowledge
| through a select committee of the
Senate. Evidence was taken under
oath. 1t is here. If that evidence is
such as to show that Smith is not en-
titled to be seated, then it overcomes
the prima facie case presented in the
credentials.
1T is almost absurd to say that the
oath must first be administered and
then an inquiry, and then expulsion.
That would appear to be a ridiculous
performance.
Senator Reed said that the Senate
should proceed with circumspection
and elaboration, observing the highest
principles of justice. He said that the
showing made in the Smith case had
demonstrated such fraudulent conduct
by the applicant for this seat as to
demonstrate his personal unfitness
and further discloses enough of the
facts to make 1t a justifiable conclu-
sion that he should not be seated.
Holds Election Was Wicked
1.-The present appointment Of Col.
Smith," continued Senator Reed.
Springs from and comes out of the
fact that he was elected. The ap-
pointment would never have been
made had it not been for the election.
This election was wickediy and
fraudulently accomplished. 1t seems
to me this fraud taints the whole
transaction and puts it's stain on these
credentials here presented
Senator Reed attacked the argu-
ment which has been made in behalf
of Smith and Ware that the Senate
has only the right to pass on those
qualifications of a Senator mentioned
in the Constitution, including age,
place of residence and citizenship.
He insisted that the provisions OF the
Constitution which makes each house
of Congress the judge of the election
returns, and qualifications of its mem
bers was a broad grant of power from
which there was no appeal.
THE courts may not interfere, the
Executive may not interpose," said
was necessary to preserve the indie
pendence of the legislative branch OF
the Government"
Senator Borah of Idaho interrupted:
Does the Senator from Missouri re-
gard Mr.. Smith as member or the
Senate at this time?"
Holds Construction Strained.
Technically no." replied Senator
Reed. II doubt If any one besides
the Senator from Idaho has ever
raised such a question.
Senator Borah called attention to
the fact that Senator Douglas, defend
ing Shields right to be sworn IN In
1849 had made the same point.
senator Reed insisted that such u
construction of the Constitution was
strained construction.
AFT seems to be-" continued Senator
Reed. that whatever any great man
or near great man may have said re-
oardinp this matter, that it is absurd
that the Senate cannot protect its por-
tails NV deliberate views of this case
is that Mr., Smith under existing CIR
cumstances must be refused the oatn
of office. / want Mr.. Smith to nave
the opportunity to present ms case
before a committee that may not be
charged with having pre1udged his
case. | recognize the gravity OF the
question. we must give justice not
only to Mr.. Smith, but the Ohiteu
States of America.
conc thing is certain, If this Senate
does not guard its portals and protect
it's integrity, there is no power out
side of the Senate to protect that IN
, tegrity. We have the power and must
exercise ii fairly. If we do II should
| be a notice to all that man must
come into the Senate with clean hands
as into a court of chancery. III that
can be certified to this country, then
NJ least senatorial elections VIII be
some extent be kept pure. Men VIII
| not longer try to purchase seats OF
| honor and of power In this BODY.
Bingham Takes Issue.
| Senator Bingham, Republican of
/ Connecticut, took issue with Senator
| Reed of Missouri in his contention
| that the Constitution gives the Sen
| ate an unlimited grant of power to
| mass upon and be the judge of its
members.
| senator Bingham announced that
| he would vote against a motion TO
| refer Smiths credentials to com
mittee before administering the oath.
and concluded his appeal on behalf
of the seating of Smith as follows:
mo court has found him guilty,
and | am an old-fashioned Connecticut
Yankee who was brought up to be-
| lieye that q man is innocent until
proven guilty"
Senator Bingham said that in this
case the Senator is "treading on the
delicate ground of personal opinion
on public morals" and he added that
IF the Senate is going to set Itself
up as an arbiter of public and private
morals then. IL will CEASE 70 he n 1FNa1