The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1927-12-07
SMITH BARRED
FROM TAKING
senate Oath
Reed Committee Authorized
to Try Illinois Man for
Huge Spending.
GIVEN FLOOR PRIVILEGE
Borah Urges Law Providing
Limit on Expenditures
in Primary.
BR Umited Press

BH United Press
WASHINGTON, Dec. 8.-The
Senate today refused to permit SEN
ator- Elect Frank L, Smith, Repub-.
lican, Illinois, to take the oath of
office and authorized the Reed in
vestigating committee to try him for
spending $458.000 in his primary
election.
A resolution calling for this action
was adopted as changed by its au-
thor, Senator George w. Norris, Re-
publican, Nebraska. The vote was
So to %.
Senator Watson, Indiana, voted
against the Norris resolution.
Under its terms, Smith will have
the privilege of the floor and the
doors will not be closed in his face.
He may present his case to Reed
investigating committee and the
committee can go into any further
evidence it desires.
The action was not q conclusive
as had been planned, because
Smiths opponents had contended
he had not been given fair trial.
The resolution permits such trial
nowl
Seating Resolution Loses
It's passage followed g. vote reject
ing a resolution by Senator Deneen,
Republican, Illinois, to seat Smith.
The Deneen resolution stated that
whereas Smith had presented Gre
dentials in due ana proper form, he
should be sworn ION his prima f&cie
case"
This development came when a
vote suddenly appeared imminent
in the case.
Senator Robinson, Democratic
floor leader, acting for Senator
Norris, Republican, Nebraska, had
modified the first resolution in
troduced by Norris to bar Smith at
the door, Robinson said that
Deneen yesterday had indicated
Smith wanted a further trial.
The modified resolution would
carry out that purpose by specifying
Smith should stand aside and that
the Reed committee should give him
an opportunity to be heard.
Deneen Move Fails
Deneen tried to block introduction
of the substitute, but Vice President
Dawes ruled 1t privileged and the
substitution was made.
Twice Dawes put the question for
a vote and Senators seemed reluc-
tant to take the floor to prevent
a decision. This lack of activity
indicated to leaders that vote
might be expected in the case later
in the day, although they had
planned on no vote before Thursday
or Friday.
Congress should adopt law de-
fining the amount of money candi-
dates can spend in primaries and
elections, Senator Boran, Republic
an, Idaho, told the Senate in his
speech opening the second day of
debate on the Smith-V Ware expendi-
lures contest.
Urging that both Ware and Smith
be administered the oath on the
face of their legal credentials, Borah
asserted the Senate afterward would
have the power to exclude them.
Justice Is Seen
There are certain elements of in
justice, if not chaos, If Congress has
the power to govern primary elec-
tions," said Borah, the master ora
tor Of the Senate, as he launched
into the technical analysis of the
constitutional points involved in the
battle. =
But I think Congress has that
power and, under the fearful condi-
tions which now exist in the coun-
try, should exercise its power and
define what it considers a proper
expenditure of money by candi-
dates"