Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-22

liam s. Ware to notify the committee
during the period when he was fully
able to appear, would have justified tbs
committee In denying further postpone
ment and in closing the case imme-
diately.
Nevertheless the committee consid-
cred the application made by counsel
for q further postponernent and set the
case for further hearing on January "a
1929. The said william s. Ware and his
counsel were advised on January IA
1929, as to the conclusions OF the in
vestigation made by the representative
OF the committee and the opportunity
was afforded them to examine the work
sheets and tabulationS ON which ths
conclusions were based.
LAT said hearing, on January "a, 1929
no application was made to the COM
mittee for any further continuance. A
statement was made by counsel that the
said William s, Ware was still unable
to personally attend.
mo witnesses were introduced by Mr.
Ware except the affidavit Of 81 persons,
who swore that they had personally
signed the registration records. The af-
fidavit appears In full in the record of
the hearings and Is dealt with In the re-
ply OF counsel for the committee in An
mex c as hereinafter stated.
"Mr. Wares counsel presented oral
arguments and written memorandum
Of counsel. The substance Of the oral
arguments IL ell embraced In the said
memorandum, which is hereby append
ed to this report and referred to as
Annex C.
1T seems rather strange that the
committee should have been asked to
continue this case for months when
counsel for Mr.. Ware evidently did not
contemplate the Introduction Of any
substantial evidence and, In the end,
relied almost entirely upon an argu-
1nent which could as well have been
made months ago as at the recent
hearing.
From the foregoing facts and con-
illusions, including those previously re-
ported, 1t is the opinion of the COM
nittee that william 8. Ware Is not en-
titled to a seat in the United states
Senate.
THE committee, however, directs at
tention to the terms OF Senate Resolu-
tion No. 2 Of the SEVENTEEN Congress,
agreed to on December 9. 1927, and
respectfully submits that, In view Of the
present physical and mental condition
OF the said William S. Ware, it is for
the Senate to determine what action Is
proper in the premises"
In conclusion, Chairman Reed re-
ported that all the members of the
committee concufied in the report, but
that in addition Senator King pre-
sented views of his own, in which Sena-
tor King said that the record as 1t now
stands would warrant action to deprive
MIR. Ware Of seat In the Senate after
Mr.. Ware had been sworn In, but that
in view OF Mr.. Wares serious illness and
his desire to appear before the conn
mittee in his own behalf. In the opinion
OF Senator King further reasonable
time should be given him.
For the committee, Senator Reed said
that all OF the members agreed that 1t
would be proper TO submit final re-
port and ask for the discharge of the
committee by the Senate, except for
the fact that case Is now pending
in United States Circuit Court OF APP
peals, third circuit, concerning the ha-
beas corpus proceedings involving
Thomas Cunningham. The Senate and
Its committee are represented in this
case by George w. Wickershaa. for
nier Attorney General OF the United
States. Involved In this case Is the
right and power Of the Senate to en-
force its orders.
Cunningham has been a recalcitrant
witness. In order to make 1t possible to
report on this case and to take such
action as may be necessary In respect
to Cunningham, Chairman Reed report
ed 1t was advisable that the committee
continue to exist until the final DISPOSE
ton OF this case.
Senator Reed is going out Of the
Senate March 4. If the committee is
continued, 1t must have another chair
man.