Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-04
DISMISSAL ASKED
BY GOULD OF BR|BE
INQUIRY IN SENATE
Maine Senator ReverseS His
Position by Seeking to End
Investigation.
, ALLEGED CANADIAN ACT
DECLARED IRRELEVANT
King Opposes Move, Insisting
Probe as to Fitness Should Be
Carried Through.
BY q. GOULD LINCOLN.

BY G. GOULD LINCOLN.
Senator Arthur r. Gould of Maine,
whose right to retain his seat has
been challenged on the charge that
IA years ago he bribed n Canadian Of
fetal with 100000 appeared through
. counsel today before the Senate prlvi-
leGeS and elections subcommittee and
requested that the investigation be
dismissed. He claimed that the Senate
had no jurisdiction in the matter on
the ground that it could not expel a
Senator for an act committed before
the Senator became q member of the
upper house.
To this proposal Senator King of
Utah, Democratic member of the Sen
ate committee, objected. He contend
ed that the Senate had already ordered
an investigation in the Gould case.
lie insisted the proper course was for
the subcommittee to continue inquiry
and report to the Senate.
At the time the resolution for
inquiry, offered by Senator Walsh OF
Montana, came up for consideration
an the Senate Senator Gould joined
with the request that the investiga-
to the committee today, he stated he
had become convinced, after study
of the precedents and the Constitu-
ton, that the Senate had no juriSdic-
ton in the matter even though ne
was willing to have the investigation
made.
Fleming Given HOnors.
Frederick w. Hinckley of counsel
for Senator Gould during his argu-
ment before the committee today de-
rIared that former Premier Fleming
of the Province of New Brunswick,
the official to whom Senator Gould is
alleged to have given a br1be, had
continued to live in New Brunswick
and is now a member of the Canadian
Parliament. Nothing, he said, has
/ ever been done to Mr.. Fleming in
= connection with the charge that he
had been bribed.
The charge that Senator Gould had
bribed former Premier Fleming in
connection with some railroad con-
sfr,lction in which Senator Gould was
interested was based on report
made by Judge McKeweon as arbl-
traitor in claim submitted by Gould
for the return of $400, 900 to himself
and his associates. Mr.. Hinckley told
the committee that McKeweon was
appointed to arbitrate this matter by
the late Premier Clark, a brother-in-
law of the judge. Clark, Mr.. Hinckley
said, had at one time tried Ito hold
up Senator Gould for. $4,000, which
was refused" Mr.. Hinckley told the
committee that there was every evil
dence that the 100000 should have
been paid to Senator Gould and his
associates, but that had been prevent
, ed by the finding of Judge McKeweon
that there was bribery.
Premier Clark is dead now, is he
not?" asked Senator Walsh of Mon
tana.
Yes" replied Mr.. Hinckley.
Argument Is Continued.
Argument for Senator Gould on the
request that the inquiry be dismissed
was not concluded when the commit
tee adjourned to attend the session of
the Senate. 1t probably will continue
this afternoon.
In his request to the committee for
a dismissal of the inquiry Senator
Gould pointed out that the action COM
planned of, if committed at all, was
committed long before he was elected
: and became a member of the Senate
that Senator Walsh. who presented
the resolution for an investigation, ad-
mitted that the action complained of ,
If committed at all, was committed
more than IA years before the election
of Senator Gould. Senator Gould also
pointed out that all the essential facts
contained in the resolution of inquiry
We're published in the newspapers of
Maine during the election campaign
and We're fully known and understood
by the voters before the election, and
that the voters of Maine had passed
upon the fitness of Senator Gould to
ibe a Senator.
Senator Gould contended that the
Senate has no authority under the
Constitution to eXpel one of its mem
bers even though it should find that
some crime, misdemeanor or act in
Tolving moral turpitude had been
committed by a member previous to
1 his election. provided there was no
relation between the crime, misde-
meanor or act involving moral turpi-
tude and his election. He denied that
he had committed any offense.
Challenges Senate Action.
Because of his contention Senator
Gould said "he is constrained to chal-
lenge jurisdiction and power of the
Senate and it's committee to make the
inquiry, as he firmly believes that
such an inquiry is in contravention of
the rights Of the State of Maine and
its citizens as guaranteed by the
Constitution"
Mr.. Hinckley. arguing in favor of
dismissal of the investigation, said the
.tts.-~ 1ml'Eec. If IL were convinced
tha~ --Ie Senate had no right to expel
Senator Gould even if he were guilty
of the act alleged against him, would
do futile thing if il went ahead with
the investigation.
Senator King of Utah interrupted
10 say that even If he were convinced
that the Senate had no Jurisdiction in
the matter he still believed the com.
mittee should make the inquiry and
then report TO the Senate. Senator
Goff Of West Virginia, chairman of
the subcommittee; Senator Shortridge
of California and Senator George Of
Georgia questioned the counsel. but
did not indicate how they would vote
on the proposal to discontinue the
investigation.
Distinction Is Drawn.
Counsel for Senator Geuld was en-
phatic in his declaration that the