Milford chronicle., 1929-12-27
HASTINGS SAYS
SENATE ERRED
In WARE CASE
CONTINUED from Page u

his appointment or election to the
United States Senate, that he is en-.
titled to take the oath and to his
seat as a member of that body
True it is that the Supreme Court
has recently said in the Cunningham
case that this is within the discre-
ton of the Senate, but it is the
same sort of discretion which is left
brought before it. There is no ap-
peal in either instance, and whe-
ther it be the Supreme Court OF
whether it be the Senate, the ques-
ton of deciding in accordance with
the provisions of the Constitution is
solely a question of conscience with
the persons rendering the decision.
"But let us pass from this for the
moment to a question that is still
more dangerous, and that is, whe-
ther a state shall be permitted to
make its own choice of its represen-
tation in the Senate or whether it
shall be compelled to adopt the
ideas and the standards fixed by the
Senate itself? 1 think every man and
woman must admit that this ought
union. I believe every one believes
that the trainers of the Constitution
of the United States so intend. One
has but to take glance at the per-
sonnel of the Senate, the ideas they
represent, and the states from which
they come to realize the necessity
of this rule.
"There was introduced in the Sen
ate. a resolution declaring that Mr..
Ware. whose election returns showed
a majority of something like 100000,
was not entitled to his seat because
in the month of May, prior to his
election, he, in combination with
other candidates for office, had
Jointly expended in the state OF
Pennsylvania $7S5,O00. 1t was not
charged that in the expenditure OF
this money Mr.. Ware or his assocl-
ates had violated any law OF the
state, or that they had violated any
law of the United States; the sole
argument being that it was against
public policy to permit any such
sum of money as this to be eXpend-
ed in any nomination Tor once Ut
combination of offices. :.
OOAAAASCN-O
might be we'll to compare MI. wares
offense to that of those OF otner
people who are undertaking to run
nolitics of this republic. The noml-
nation of Mr.. Ware was in the year
1926. and his offense was the ex-
nenditure by him and the other can
didates on the ticket with him OF
s705 mn The votes received by him
and his associates on that TICKET !
cost 54 cents per vote. 1t was a lit
tie less than 8 cents per capita Tor
the State of Pennsylvania, but the
Republicans in 1928 spent exactly
the same amount per capita for the
Nation. while the Democrats spent
a little less than 6 cents.
at might be shocking thing al
so to observe that for every vote
cast for National Republican ticket
in 1928, there was expended A
cents by the Republicans, and that
for every vote cast for National
Democrat ticket there was expended
4S cents, by the Democrats. In the
individual states in 1928, the Repub-
licans exceeded a dollar per vote IN
six of them, ranging from S1.OI TO
s1.75, while the Democrats eXpend-
ed more than a dollar for each vote
in seven states, ranging from Sl.OS
to S4.46 per vote, and the per cap1-
ia expenditures went as high as 81
cents. plus, in one state and in many
states it was three times as much !
as that expended by Mr.. ware per
capita. A full report of these ex-
nenditures in 1928 was made to the |
Senate on February rs last and so |
far as I remember no member OF /
the Senate has been suthclently
shocked to comment on 1t at all
The figures 1 have given with re
snect to the elections in 1928 were
the admitted figures and did not in
clude money expended by many 10
cal organizations. If this had been
counted, the cost per vote would
have greatly exceeded the sums
have just mentioned.
"Are the states of this Union to {
he nut in the position of submitting (
a QUESTIONABLE to the Senate OF the !
United States before they go to the ]
trouble and expense OF electlng one
of their citizens as representative
in that body? Are they to be told by I
the Senate that the qualifications
in the Constitution are I
the affirmative or minimum qual1tl-
cations, and that the Senate reserves
TO itself not only the Constitutional
right to determine the election OF
such members, but also to pass upon
his general fitness to represent the
state from which he comes? NO ),
more dangerous doctrine than this 3
was ever suggested in a democratic -
form of government. n
"The Ware case has passed into y
history, but the people of the coun- n
trv NAV we'll take warning. AS soon h
as the vote was taken, Mr.. Ware sut- t
fering from a long illness, hobbled b
from his seat, a seat to which he
had every reason to believe he had g
been legally elected. 1t was sorry O
nectacle-ambition crushed, health b
and vigor gone. But individuals are t
of but little Importance. The passing t
Of those of temporary Importance t.
gives us but little concern. The in s
Justice to an individual is nothing o
when it is compared with the VIOLA v
ion of a fundamental principle. The c
great State of Pennsylvania had re-
,eived a serious stab-wound at the u
hands of the Senate; the right of s
ler people to select their own choice K
'or the Senate had been denied. The 5
was impregnated with .
4 poisonous germ; precedent had !: :;
been established for the guidance of Il
'uture generations. The strong right i"
.rm of the Senate, intended as =,
protection against the cry Of the ~
mob, was made weak and helpless; "