Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-25
An Impasse :!

The Senate slush fund committee,
headed by Senator Reed Of Missouri, has
found, in what Is to all intents and
purposes its final report. that Senator
elect William S. Ware is not entitled to
q seat in the Senate.
But the Senate committee finds itself
estopped from recommending final
action on the case of Mr.. Ware because
of his serious illness. His physical dis
ability operates in two ways to check
such action by the Senate. In the first
place the original Norris resolution,
which halted Mr.. Ware at the door of
the Senate when he presented himself
to take the oath of Office in December,
1927, provided that Mr.. Ware should
have full opportunity to appear on the
floor of the Senate and defend his right
20 be seated, If he desired. Under the
circumstances that prevail, Mr.. Ware is
not able to avail himself of that right,
and Senators hesitate. once having
granted the right, to withdraw 1t.
Further, the fact that Mr.. Ware is
seriously ill-he suffered a stroke OF
paralysis last Summer and while his
condition is improved is still far from
well-makes it particularly difficult for
the Senate to act in his case. The
Senate, or more correctly its members,
must be classed as human If not
humane. There is distaste to hitting
0 man when he Is down.
For these reasons the Reed committee
and the Senate have found themselves
in a difficult position with regard to Mr..
Ware and his seat in the Senate. Had
he not become Ill, it Is likely that his
case would have been the subject of a
bitter struggle in the session OF the
Senate now closing. He would have
been able to appear in person before
the Senate committee again and to
speak in the Senate itself, had he so
desired. The Reed committee report
would have been filed at the opening Of
the session in December. Senator Reed,
chairman of the committee, is about to
to have the Ware case settled.
The Reed committee has reported that
Il Is satisfied that Mr.. Ware Is not en-
titled to be seated and should be denied
the right to take the oath of Office. 1t
holds that the facts developed and the
failure of Mr.. Ware and his counsel to
refute those facts establish the case
against him. Senator King OF Utah Is
the sole member who dissents, and even
he says that as the evidence now stands
Nr Ware should not have his seat. Sen
ator King is in favor Of seating him
first on the certificate of election pre-
sented to him by the Governor of Penn
sylvania, and then ousting Mr.. Ware,
but first he would give Mr.. Ware the
opportunity to appear in person in his
own defense.
1t may be months before Mr.. Ware can
appear In person. 1t may be he will
never be able to make that effort with
out serious threat to his life. The
Senate seems to have reached an
impasse in this case. AS 1t now stands,
Q majority is against seating Mr.. Ware.
while there will be considerable shift
in the membership of the next Senate,
with the Republicans having fifty-five
Senator's, the Democrats thirty-nine, and
the Farmer-Labor party one. there is
grave doubt that a majority could ever
be mustered to seat Mr.. Ware. For two
years now Pennsylvania has been repre-
sented in the Senate by single Senator
Unless the Ware case is settled one way
or another, this situation may prevail
for the remainder of the six-year term
to which Senator Ware was elected in
1925.