Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-21

Gov. Small Of Illinois refuses TO
recognize The action 0. the Senate in
denying a5alittance 10 that body of
Frank I. Smith, bearer of credentials
based Gp0n an election that the Senate
holds was tainted with corruption. He
does not indicate what course will be
pursued, though the assumption is that
nothing will be done toward filling the
vacancy which the Senate has declared
TO exist. II this negative procedure is
followed Illinois will remain with only
one Senator for the period for which
Mr.. Smiths credentials on their face
entitled him to sit in the Senate.
BY refusing TO recognize the Senate's
action. the governor holds that no va
esncy in fact exists Therefore. it
would logically follow. he will neither
appoint another-or Mr.. Smith again
TO the seat nor call special election.
The seat will remain vacant in fact.
as the Senate has declared il to be
The question arises whether il will be
regarded by the State of Illinois as
vacant when the time comes to elect
officers next November.
Legal proceedings may BE- instituted
The courts. however. have not hereto
fore questioned the power of the Senate
TO exercise its constitutional right to be
the judge Of the qualifications of its
own members, and have not interfered
with actions by it. or by the House of
Representatives, which have caused the
custer OF applicants for admission.
Should there be no judicial interyen-
ton and no appointment TO fill the
vacancy. and should the governor re-
fuse TO call special election to fill it.
o situation may arise without parallel
In American politics. Despite the gov
ernors dictum 70 the effect that be re-
fuses 10 recognize the Senates action,
nominations for the seat in the Senate
may be made by the political parties
In the State. in anticipation OF the
election in November. At least, the
Democratic party Is likely 70 make such
O nomination and 70 demand that the
Official ballot carry the name OF It's
candidate for the ONCE. Would the
Republican party in the State follow
suit or would 1t, under the domination
OF the governor, who is the recognized
head OF the organization in Illinois.
abstain from entering the lists? In the
latter case there would be a contest.
probably In the courts, over the CUES
ton OF the official ballot.
Suppose at the opening of Congress
next December a Democrat should pre-
sent himself with a certificate showing
that in an election held in the State
In November he had received a ma
jority Of the votes cast for the ONCE
Of United States Senator. the governor
refusing 70 give him formal credentials
on the ground that no vacancy existed
and that the election was not valid. It
10 hardly 10 be doubted that he would
be seated by the Senate. II could not
DO otherwise, in view OF its action de-
elaring the Sea. vacant.
Thus the situation becomes strangely
complicated. II Is without parallel
There Is no precedent 70 serve as guide.
Unless Coy. Small changes his position,
Illinois will remain with a single Sena-
TOR throughout this session, and per-
haps for the entire period Of the term
for which Smith was elected There
10 little likelihood Of such change. and
the prospect. In consequence, Is that one
Of the most populous States OF the
Union viii, for an indefinite period.
b. denied full representation IN Con-
RYeaE