Evening star. [volume] (Washington, D.C.) 1854-1972, 1928-01-17

ton of the Senate and its committees
for more than year. Col Smith first
came to the Senate under appointment
of Gov. Small, following the death of
Senator William B. Mckinley a year
the oath Of Office at that time.
The Reed committee already has re-
ported that during the primary cam
paign for the Republican senatorial
nomination, in 1926. Smith had been
the beneficiary of more than 5000, 900.
contributed by officers Of public serv-
Ice corporations. Col. Smith was chair
man Of the Illinois Public Utilities Com
mission. and the public service corpora
tons had business before the commits
sion.
Denied Oath OF Office.
At the opening of the present ses-
sion of Congress Col. Smith appeared
with his credentials as Senator-eiect.
but was denied the right to take the
oath of Office. and his case was re-
ferred TO the Reed committee. He has
since that time declined to submit him.
self TO further investigation or to make
any statement before the committee
and finally to appear in his own de-
fense on the floor OF the Senate. Col
Smiths position has been that he Is
entitled to be sworn in as a member
from Illinois and that the Senate and
the Reed committee have acted beyond
their power.
The report submitted by Senator
Reed recited these facts. and closed
with a resolution declaring the Smith
seat vacant. Its adoption will leave
Illinois represented by a single Senator.
Senator Charles s. Deneen. Repub-
lican. Senator-elect Smith plans, it is
said. TO return his certificate OF cleo
ton and II necessary 20 appear before
the next Senate when It's meets In De-
cember, 1929. Unless the Governor OF
Illinois should take cognizance of the
action OF the Senate and appoint 10
I'LL the vacancy temporarily. or call a
special election. Senator ELECT Smith
may retain his certificate of election
during the next five years.
Deneen Defends Smith.
Senator Deneen took the floor today
in defense OF the position assumed by
Col. Smith. that he was entitled TO
take the oath Of Office and that II any
thing In the record warranted his ex-
pulsion from the Senate, the Senate
could act later
THE oath OF Office should be admin
istered To Senator-eiect Smith," said
senator Deneen. The sovereign right
OF the State OF Illinois to elect its
United States Senator should be re-
spected. Should objections be made in
the Senate against him thereafter let
MIN then meet them In his own defense,
and In his own proper person"
Senator Deneen said that the matter
was OF great Importance to the State of
Illinois. and added. viii IL be contend
ed that the people Of Illinois had not
the legal right TO elect Mr.. Smith
United States SENATOR"
The Senate has no legal power To
elect United States Senator for H.
iinois. Its legal powers are limited to
determining whether In fact MIR. Smith
was elected United States Senator and
whether he has the qualifications pre-
scribed In the Constitution. There Is
no dispute about the legality OF the
election. or that MIR. Smith has the
qualifications prescribed In the Consti-
tuition, The position which the State
or Illinois takes Is that the United
states Senate cannot create any addi-
tional qualifications for United States
Senator or limit further the power OF a
State 10 elect him.
King Expresses Opposition.
Senator King OF Utah. Democrat, n
member OF the Reed committee. an
nounced TO the Senate that. white he
concurred In that part OF the report
which asserted that Col Smith had
obtained his nomination Improperly. he
did not concur In the second part OF
the resolution denying him the right
10 take the oath of Office and declaring
vacancy In the Senate. Senator King
said that he therefore had not signed
the report.
The resolution declared that there
was expended. directly or Indirectly. In
the senatorial primary on behalf of Col.
Smlth the sum of SABA. 783 and that
AL OF mat amount except $i7l 800 was
contributed directly 10 and received by
the personal agent OF Col. Smith with
nus inii knowledge and consent and
that OF the total amount $203. 900 was
contributed by men who were non
residents OF Illinois, but who were ON
GERS OF Illinois public service corpora
tious
The resolution declared that the ac.
efp.aitce and expenditure Of this money
WAS contrary % sound public policy,
since Col Smith was chairman of The
Illinois Public Utilities Commission, and
tainted with fraud and corruption the
e'faeht'aIs presented by Col. Smith.