Evening star., 1927-12-09
Against Giving Oath.

Republicans: Blaine. Brookhart,
Capper. Couzens, Dale, Frazier,
Howell, Johnson, Jones of Washington,
La Toilette, McMaster, McNary, Nor
beck. Nye, Robinson of Indiana and
Willis-16.
Democrats-Ashurst, Barkley, Bay
ard, Black, Bratton, Bruce. Caraway,
Copeland, Dill, Edwards, Ferris,
Fletcher. Gerry, Glass, Harris, Har-
rison, Halves. Hayden, Hefiin, Ken
drick, McKellar, Mayfeld, Neely,
Overman, Pittman, Reed of Missouri,
Robinson of Arkansas, Sheppard,
Simmons, Stephens, Swanson, Thomas,
Trammell, Tydings, Tyson, Wagner,
Walsh of Massachusetts, and
Wheeler-3S.
Farmer r-Labor-Shipstead
Total, SIS.
Senator David Reed, Republican, Of
Pennsylvania, who is leading the fight
for Ware, told his colleagues today
that if they administer the oath of
Senator to him, pending reference of
the case to committee, it would not
be necessary to have a two-thirds vote
later to declare the seat vacant.
Reed Assails Action.
Minority Leader Robinson Of Ar
kansas replied that whether a major
ity or a two-thirds vote would be
needed to get Ware out the Senate
later, would depend on the wording of
the resolution presented at that time.
Referring back to the action Of the
Senate Wednesday in denying the
oath to Senator-elect Smith of Illinois,
pending hearing Of his case, Senator
Reed of Pennsylvania said:
1--WE have left Smith hanging in
midair. AS far as we can tell, he
will be knocking at the door of the
Senate for the next six years, unless
something more is done to declare
the seat vacant"
The Pennsylvania Senator has Of
fered a. substitute for the pending
question, under which Ware would be
given the oath and the committee to
which the charges against him are
referred would be required to report
back within so days. Senator David
Reed said that the Withholding of the
oath from Smith has left the division
in the Senate at AZ Republicans, Al
Democrats and / Farmer-Labor men,
ber, including Ware. The suspension
Of the oath in Wares case, he said,
would mean a Democratic majority.
although 48 Republicans were elected.
The Pennsylvania Senator empha-
sized that he did not mean to say the
Democrats were trying to take con-
troll, but that he thought it was a
most inopportune time to take the
step of withholding the oath from a
Senator-elect.
Opening the discussion when the
Senate met at noon, Senator Fess.
Republican of Ohio, declared the ques-
ton is one of the most delicate ones
that has come before the Senate in
his memory. Senator Fess said he
could not subscribe to the doctrine
that the Senate is limited in passing
on the admission of a Senator elect to
the three provisions of the Constitu-
tion-namely, age, citizenship and res
idence-nor can he agree with those
who claim the Senate has latitude to
stop man at the door when he pre-.
SentS his credentials.
Vote Nearly Taken.
A vote seemed near yesterday after.
noon on the question of whether Ware
is to be given the oath or asked to
stand aside with Senator-elect Smith
of Illinois, pending further inquiry
by committee. After several amend
ments had been worked out, however,
debate started again and continued
for three hours with increasing in.
tenSity.
The Senate's right to deny the oath
of office to Ware was upheld on the
Democratic side of the aisle by Sena-
tors Bruce of Maryland, Robinson Of
| Arkansas, and Hefiin of Alabama.
The contention that Ware is entitled
under the Constitution to receive the
oath when he presents his credentials,
was defended by Senators Gillett Of
Massachusetts, and Watson of In
diana, on the Republican side, vigor-
ously supported by Senator Blease.
Democrat, Of South Carolina.
In asserting the Senate's power to
withhold the oath. Minority Leader
Robinson declared that "the great
danger to this country now is not
that the Senate will abuse it's power
in passing upon the qualifications of
it's members, but it is that it will fail
to exercise it's power"
Amendment Offered.
Preceding this debate, Senator Rob.
inson offered an amendment to the
pending resolution intended to send
Vare's case, along with that of Smith,
to the special campaign fund COM
mittee headed by Senator Reed Of
Missouri.
Senator David Reed, Republican. Of
Pennsylvania, defending Ware, an
| nounced he intended to offer sub.
stitute for the Robinson amendment
before a vote is taken.