Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-02-22
VARE NOT ENTITLED
! TO SENATE SEAT,
COMMITTEE FINDS
Report Declares Upper House
Should Decide, However,
Upon Action.
REED WILL NOT BRING
RESOLUTION HIMSELF
Impression Prevails That Case Will
for the Present Be Allowed to
Stand, With Report Filed.
BY G. GOULD LINCOLN.


seat in the United States Senate"
This is the opinion of the Reed cam
paign investigation committee, submit
ted TO the Senate today in the final re-
port Tor the committee which Senator
James A. Reed of Missouri, is to make
on the case of Senator-elect Ware of
Pennsylvania.
In view of the serious illness of Mr..
Ware, who is now in Florida, and in
view Of the Norris resolution which was
adopted December 9, 1927, referring the
claim OF Ware to a Senate seat to the
Reed committee, declaring that prime
facie case had already been made
against Ware, yet granting to Ware the
right to appear on the floor of the
Sente to be heard in his own defense,
the report of the committee added:
"The committee, however, directs at
tention to the terms of Senate Resolu-
ton No. 2 Of the Seventieth Congress
(the Norris resolution) and respectfully
submits that, in view of the present
physical and mental condition Of the
said William S. Ware, 1t is for the Sem
ate to determine what action is proper
in the premises"
The Senate. therefore, is called upon
to determine what further steps, II
any, be taken in the matter. It could
If it desired, vacate that part of the
Norris resolution which gave Mr.. Ware
the right TO appear in person on the
floor OF the Senate to defend his claim
to seat in the Senate and then pro-
ceed to act finally in the Ware case
1t was not clear today whether any
such move would be made Chairman
Reed, while anxious to have the Ware
case disposed of at this time, indicated
he did not intend to bring In such a
resolution himself
The impression prevailed at the Cap
itol that for the present at least the
Ware case would be allowed to stand,
with the adverse report of the COM
mlfttee filed in the Senate Mr.. Ware,
according to reports, Is IN no condition
to appear before the Senate.
Concur in Report.
The report of the committee was
concurred in by Senators Reed Of Mis-
souri,, McNary of oregon, Goff Of West
Virginia, La Toilette of Wisconsin and
King of Utah, although Senator King
attached reservation to the effect that
in view Of the condition of Mr.. Wares
health the case should not at this juno
ture be finally closed against him.
The Ware case grew out Of alleged
excessive expenditures and frauds in
the senatorial primary In Pennsylvania
in 1925, when Mr.. Ware defeated for
the Republican nomination for the
Senate former Senator George Wharton
Pepper and former Gov Pinchot. A
companion case was that of Col. Frank
L. Smith of Illinois. against whom some-
what similar charges were filed after his
victory in the Illinois senatorial primary
in the same year. Col. Smith, who was
denied the right to take the oath OF
Office in the Senate at the opening of
the present Congress, as was Mr.. Ware,
eventually resigned and entered another
primary contest to fill the vacancy in
the Senate from Illinois. He was de-
feated by Senator Glenn and SO passed
out Of the picture in the fraud cases.
Mr.. Ware suffered stroke OF paralysis
last Summer.
The Reed committee has submitted
several reports to the Senate, dealing
with the Ware case. The report filed
today by Chairman Reed summed up
the evidence taken by the committee
since its last report. Accompanying the
report also were several lengthy an
nexes, setting forth briefs fled in the
interests of Mr.. Ware, the replies of
counsel of the committee and the can
vass Of the vote made by the Senate
committee.
Reviews Attempts.
The committee report recited the ef-
forts which it has made to have Mr..
Ware appear before it for further ex-
animation, since the adoption of the
Norris resolution, both before Mr.. Ware
became i'll last Summer and since his
illness. The reports of Mr.. Wares phy-
sicianS were included in the report, as
serting that he was unable to appear
before the committee, although the
chances for his ultimate recovery to
the extent that he would be able to
! attend to his duties were good.
The committee set forth its efforts
to have Mr.. Ware lay before 1t either
in writing or through counsel any ad-
ditional facts, evidence or argument
that he desired to have presented in
his behalf
The report continued:
"On January the committee met
and Francis S. Brown, counsel for the
said William S. Ware, stated, in SUBJ
stance, that the physical condition OF
the said William S. Ware was such that
his client had been unable to confer
with anybody upon the subject which
this committee is now considering and
that the said William S. Ware desired
to be heard by the committee. Counsel
stated in his own behalf that he had
not read the record nor undertaken a
careful study of the case This in spite
of the months intervening. He con-
cluded by making application for ar
indefinite postponement on account oi
his clients health.
"At this hearing DR.. Ellwood r. Kirby
the said William S. Wares physician
also appeared and testified concerning
DIR. Kirby developed the fact that withiI
a few days after the postponement Sc.
cured on May Is, 1923, and from thai
time until the lSt day OF August, 1928
the said William S. Ware was able X
have consulted with attorneys, to have
appeared before the committee and Il
have made such presentation of his cast
as was necessary. Had this course beer
followed the case could have been closeC
and report made to the Senate at tht
conVening of Congress in December last
Attended Convention.
''It will be recalled that in May, 1928
day or two after the adjournment 0
Congress, Mr.. Ware left Philadelphia
= came to Washington, en- route to Kan
Sas City, Mo-, to attend the Republican
national convention, wherein he was
forceful and decisive figure.
THE committee is of the opinion tha
the failure or refusal OF the said vii
SContinued on Page 2 Column S.
---S
-. 2