The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-01-18
final BAN ON
i SMITHS SEAT
! UP IN SENATE
Polls Indicate Illinois Upper
/, House Posi-. will Be
+ Declared Vacant.
NOTE SET FOR TODAY
Fight Is Expected to Be
Carried to Supreme
Court of U. S.
NOTE SET FOR TODAY
BY PAUL r. MALLON
United Press STAFF Correspondent


WASHINGTON, Jan. 18.-The SO
to % Senate majority against seat
ing OF Senator-Elect Frank L. Smith
OF Illinois, was maintained intact to-
day as a final vote neared in his
campaign expenditures case.
Despite the Republican threats
to raise contests against Southern
Democrats at the next session and
the pleading of Smiths friends that
Illinois is being deprived of her con-
stitutional rights, private polls indi-
Gated concluSively today that the
Senate will adopt the Norris resolu-
ton declaring Smiths seat vacant.
The vote, scheduled for this aft
ernoon, however, will not end the
Smith case, his friends here said to-
day.
The United States Supreme Ecurt
may be asked to rule on the conSti-
tutional questions involved or Smith
may go before the Illinois electorate
again for reelection. He has not
yet decided definitely what will be
done, but he is not inclined to let
the matter rest with the final de-
cision of the Senate, it said.
Prepare Final Pleading
A final pleading was prepared by
his friends today merely to make
the record carry their side of the
story before the final vote.
They contend that Smiths eX-
penditure of $457,782 in his primary
election was ratified by the people
when they chose him in the general
election. They argue that the same
is true concerning the charge that
Smith accepted all save $171 900 of
this amount from public utilities
magnates in Illinois although he was
at that time chairman of the State
public utilities commission.
AS soon as the Smith case is dis
posed of, the primary investigating
committee is to take up the COM
panion case of Ware, of Penn
Sylvania.
The Ware case, however, is COM
plicated by a contest brought by
his defeated Democratic opponent
William B. Wilson, and recount of
ballots may be necessary before
final action.
The recount would require two
months.
Many constitutional arguments
have been made and it is still a
question as to what will happen if
Smith insists on pressing Lis fight
further.
For instance, can Smith reclaim
his certificate Of election, deposited
with the Senate when the Senate
convened last month. and present
1t again at the next Congress?
Questions Are interviewer
Can the Governor of Illinois re-
woke that certificate against Smiths
opposition and appoint successor?
What if Smith should run for re-
election and win? Would the Sem
ate, having once declared him
guilty Of practice contrary to
sound public policy, consider one
exclusion sufficient vindication and
accept MIN upon 1uCure appear
ance assuming he observed the
proprieties in his campaign for re-
election?
Probably the predominating ques-
ton on the eve of the vote is
whether the Senate has a right to
go behind the verdict of State as
expressed in duly executed Ger
tif1cate of election.
Constitutional and moral questions
are so interviewer in this case that
some Senators are having difficulty
in reconciling them.
The deSirability Of registering dis
approval of the expenditure of near
ly half a million dollars for SEN
ate seat is weighed by such Senators
against the wisdom of setting a
precedent under which the Senate
could eject man whose neck ties it
didn't like.