Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-20
Illinois Executive Character
ICES Action of Senate
as Illegal.
ACTION ON WARE CASE
MAY BE TAKEN SOON
Pennsylvania Reported Ready to
Resign and Seek Another
Election.

The Senate having taken HYal vote
yesterday afternoon barring IS doors 70
Senator-elect Frank L. Smith. Repub-
iican OF Illinois. there remained today
the question OF whether Illinois viii 90
through the Sevent.eth Congress with
only one spokesman n the Senate or
whether developments will make Il pos
sible for the State 70 send another n
Smiths place.
Smith was excluded by vote Of 81
to %, with the adoption OF the report
Of the special campaign fund commit
tee OF the Senate, which declared the
credentials were tainted with fraud
and corruption" because Of contr.ou-
tons made in the primaries By Illinois
public utility officials.
Gov. Len Small ot Illinois announced
today that he refused 70 recognize the
action Of the Senate u barring Smith,
according 10 a dispatch OF the Associat-
on behalf Of Illinois" said Gov.
SuaL's statement, Il cannot and VIII
not recognize the action OF the Ccited
States Senate IN declaring that va
cancy exists.
Action Called Illegal.
To do so. said his statement. would
be 10 bargain away the CONSTITUTIONAL
rights OF q sovereign state and would
recognize the power OF an uraU-no.-
lzed body" 70 dlSfralch-Se an entire
State.
a seat in the Senate, ne declared. vas
fraught with the most serious conSe-
ouences 20 constitutional gove-11ien.
witnessed IN the United states S.cce re
Civil War and recognition cf such pow
ers OF the Senate would sweep away re
las, vest!ge Of Selt-goyerrEent n the
country.
II IS the contention OF Smiths legal
advisers that the governor could -os
appoint a new Senator unless S1-i-a
resigns
Ware Case on Calendar.
A possibility discussed IS that Smith
nould retain the credentials and
present himself again AZ the opening
of the Seye2ty-GrSt Congress, When tie
makeup Of the Senate might DC c11ec-
ent.
the climax in the fight over his acI,--S.
sion was resched. and word recsiyed
here today indicated be was awaiting
consultation with lis legal advisers IS
20 the future.
Al,hcuSh the Smith case Is out Of the
way for the time being. the Senate SUI
has as q matter O. unfinished business
the case OF SenaSo--slsct Ware. Rspuo-
lican. OF PENNSYLVANIA. whose primary
contributions also were inquired INTO o.
the special Senate committee, and Who
was denied the oath temporarily, when
he presented himself ~ the beginning
Of the session Wares admission also ss
being challenged II an election contest
hyolSh, by William, s. Wilson. his
Dsu:cc-atic opponent n The Se2Sic-.Sl
election.
Roll Can
The roll call on declaring Smith 5
seat yacan, yesterday follows;
To declare Smiths sea. vacant;
Republicans: Blaine. So-ah. Brock
hart Capper. Colxss,S, Curtis DA,s.
Frazier, GNH3.rg. Howell johnson.
Jc;eS, Ia Fo,lg;;s. McAIaSse-. NcNs-y.
S1ybSck. Norris. NyS. Robinson Of IT.
diana, StsiweE ard W.i,,S--Sl
NEUTRALITY-SUSPICIOUS.. SSarS,sy. EAySrS.
Black. ErSt,oa. SgcGSSarG. Syl.cs. Cara
NAY. CHyTl9cG. Dill. Ferris. CNo-ys.
Gerry, Glass Harris. Harrison, ESwsS,
Hayden, He3ia. EsnGrtc<. Mcclellan.
Naytcld. NeeT. OvsgrnS,s. p,s:-.a-.
Reed - Missouri. ESA,s,Soa .. A-$S;,-
S%lS. Sheppard. Strsa,S.,>, Smith SgscS~
ems. Swanson. Thomas. TrS.,r.eu INs-
GlNES, Wagner. Walsh ct MSSSScsu-
Sc.tS, Walsh .. Montana a.sS WssS.sg-
-
Fay;uer-IsAScr-Sh: Sh:rS.sS5-I
Tn;3l. 81.
ASaIA>, declaring Smiths SEA. va
cant.
Republicans El.,SGan,. csl,-issS. NJ
.leen. Fe>>. Gllsg., G>;,,i. Greene. Hale.
heyeS. Mclean. Me,csls. Na>s& CGSsse,
Pal2sN>. FIte. EeSG ~ sNs,;:,>ysVansa.
S9artfsGSe. SssslNn., WA-yv;s, Waterman.
Watson 81
Ieo'SrratS--E,e.sSc aHS' S;stS-S.
yNsAl -