Evening star., 1927-02-17
SMITHS ILLNESS
POSTPONES PROBE
Counsel Opposes Study of
Testimony During Absence
of Senator designate.

Illness of Col. Frank l.. Smith,
Senator designate and Senator-eiect
from Illinois, caused an indefinite
postponement of his case before the
Senate privileges and elections com
mittee today.
c.. J. Doyle, counsel for Col. Smith.
told the committee when it assembled
today that counsel did not wish TO
proceed with an analysis of the testi-
mony before the Reed slush fund COM
mittee, taken in Chicago last Sum-
mer, without Col. Smiths being pres
ent. He explained that Col. Smith
was i'll at his home in Dwight, H.,
and not in condition to appear before
the committee. His physicians had
declared he was in no condition to
come to Washington. Last Spring
Col. Smith underwent a very serious
operation, and at present he has been
suffering from an ASSESSED ear, and
every effort is being made to avoid
the necessity of a mastoid operation.
Committee Agrees to Request.
Chairman Ernst and the other men,
bers of the committee agreed to the
request of the Smith counsel for post
ponement of the hearing.
Senator Watson of Indiana asked
Mr.. Doyle if he believed that Col.
Smith would be able to appear before
the committee within the next 10
days, apparently having in mind the
fact that Congress is to adjourn soon
thereafter.
Your guess about that is as good
as nline,' was the reply of Mr.. Doyle
M nf tna n
is favorable to Coi. Smiths being
sworn in, accepting his credentials
as prima facie evidence of his right
to be seated, and then taking action
to oiist him, if such action be war
ranted, 1t does not appear now that
the Senate will have an opportunity
to vote again at this session on the
proposal that Col. Smith be seated.
The committee apparently is disin-
clined to make a partial report to the
Senate on the right of Smith to be
sworn in. and reserve its report on
the right of Smith to retain that seat.
1t is doubtful Col. Smith will be able
to appear before the committee before
the close of the present session. owing
to his physical condition. And even
if he does, the time intervening before
the end OF the session makes it doubt
full vote could be reached after the
committee submitted it's report.
Ballot Boxes Arrive.
The belief still prevails that, even
though the committee reported Col.
Smith was entitled to take the oath
of office, a ma jority of the Senate
would hold otherwise. 1t voted be-
fore, As to 80, to refer the matter to
the committee. II another vote were
taken and Smith was again turned
down it would re-establish a precedent
for denying him the right to take the
oath Of Office when he appears as
Senator-elect at the opening of the
next Congress.
The committee formally instructed
Chairman Ernst to report the creden-
tials of other Senator's elected for the
term beginning March to the SEN
ate. They had been referred to the
committee on motion of Senator Reed
of Missouri to examine their regu-
larity.
Il have no objection" said Senator
Watson, raising a laugh; mine is
among the bunch''
The first Of the ballot boxes used
in Allegheny County. Pa, in the Will
son senatorial election arrived TODAY
and were stored in the basement of
the Senate Office Building. They will
remain under guard until their ex
animation is begun after the adjourn
ment of Congress by representatives
of the Reed campaign funds com.
mittee.