Evening star. [volume] (Washington, D.C.) 1854-1972, 1927-01-19
Deneen Resolution Would
Give lIIinoisan Standing
Pending Inquiry.
REED ASKS IMMEDIATE
INVESTIGATION FIRST
Precedents in 80 Similar Cases
Which Have Come Up Since
1849 Are Cited in Squabble.
BY G. GOULD LINCOLN.

BY G.. GOULD LINCOLN.
Before crowds that had come to the
Senate chamber as to a Roman holi-
day. the credentials of Col. Frank l..
Smith to be Senator from Illinois We're
laid before the Senate today.
The struggle over the first OF tho
''slush fund cases arising out of the
last campaign was formally before
the Senate. although Col. Smith came
10 the Senate under appointment by
Gov. Small to fill the Mckinley va.
cancy. His right to be seated as Sen
ator-elect does not come up in the
Senate until the next Congress meets.
Every indication was that Col. Smith
would not be permitted TO take the
oath of office, but that his credentials
would be referred to the committee on
privileges and elections and that later
the Senate would decide whether he
should be seated. If its present temper
continues. the probabilities are that
Col. Smith will never be allowed to
take his seat.
Concerns State Rights.
In a measure. the struggle over the
Smith appointment is between the
right of the States to be represented
by their appointed or elected repre-
sentatives in the Senate and the
power OF the Senate TO deny seat 10
any Senator designate or elect be-
cause 1t considers him unqualified.
Bound up with the Smith case is
that Of Senator-elect Ware Of Pennsyl-
yania. although il win not come be-
fore the Senate until the next Con
gress. The same Senate committee,
headed by Senator Reed Of Missouri.
which investigated the primary cam.
paign OF Col Smith. investigated the
primary campaign of Mr.. Ware and
has reported TO the Senate large ex-
penditures of money in both cases.
Col. Smith. undaunted by the at
tacks which have been made upon
him because of his campaign expendi-
lures and because his campaign bene-
fitted by contributions from Samuel
insult and other public utility mag
mates. sat IN the rear OF the Senate
chamber when his case was called up.
AS Senator designate and Senator
elect he is entitled to the floor Of the
Senate, though not to speak in that
body.
Chamber Is Crowded.
As evidence OF the keen interest in
the Smith case. the Senate was filed
Will lIA OWN IlE41ADEES AlfN Will many
members of the House who had come
to see what would happen 70 a former
colleague. Col. Smith served term
in the House several years ago.
Speaker Longworth was among those
who came from the House.
The spectators in the galleries be-
gan to assemble In the Capitol as
early as o'clock this morning. When
the doors were finally opened, the
seats were quickly filed and long
queues stood in the corridors waiting
for a chance to peep in.
The Senate met q whole hour earlier
today, TO get q running start on the
Smith case, which some fear may so
delay the work of the Senate as 10
force a special session. The lead
ers, however, do not share these fears
Immediately after the formal open
ing of the Senate. Senator Deneen or
Illinois was recognized. He offered
the Smith credentials and moved that
he be sworn in without delay.
Reed Offers Substitute Motion.
The Deneen motion provided that
the Smith credentials should at the
same time be referred TO the Senate
committee on privileges and elections
along with any contest that might lie
against Col. Smith, and that the COM
mittee should hold an inquiry and re-
port back to the Senate at its earliest
AS a substitute for this motion.
Senator Reed of Missouri, head OF the
slush fund committee, offered the fol-
lowing resolution:
THAT the question of the prima
facie right of Frank l.. Smith to be
sworn in as a member from the State
Of Illinois, as we'll as his final right
10 a seat as such Senator. be referred
to the committee on privileges and
elections; and until such committee
shall report upon and the Senate de-
eide such question and right, the said
Frank T.. Smith shall not be sworn
in or be permitted to occupy seat
IN the Senate.
"The said committee shall proceed
promptly and report to the Senate at
he earliest possible moment"
The Reed resolution is expected to
prevail.
Moves for Seating.
Senator Deneen of Illinois laid be-
'ore the Senate the credentials of Col.
smith. Signed by Gov. Len Small. and
after they had been read by the
Jerk the Illinois Senator moved that
bath of Office be administered TO
Smith.
"CoI. Smith Is present" said Sena-
-or Deneen, nd ask that he be now
sworn in" ,
The Illinois Senator then launched
nto a detailed argument to convince
he Senate, If possible, that Col.
smith, by practically all the prece-
tents of the Senate, was entitled to
axe his seat, since his credentials
we're in due form. He contended that
Z AN inquiry into the qualifications
~ Col. Smith was to be made, it
should come after he had been ad-
nitted to the Senate and not before
,e took the oath.
Senator Deneen said:
s'It has been the practice of the SEN
tie with a very few early exceptions)
q administer the oath to the Sena-
or-elect or designate when he pre-
ented himself at the bar of the Sen.
tie with credentials in proper form,
eeardless of a pending contest. This
,as been the unvarying practice in
he Senate for nearly a quarter of a
century.
Cites Past Cases.
Senator Deneen referred specifi-
ally to the cases of Senator Smoot
If Utah in 1908. Senator John w.
smith of Maryland in 1908, Senator
William f. Kirby OF Awkansas in 1916.
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