The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-02-04
BRIDE CHARGE
STIRS TURMOIL
IN CONGRESS
Veteran Sergeant farms
Is Suspended by
Irate Senate.
AL SMITH MENTIONED
Resolution Demanding Libel
Action Is Studied by
Committee.
BY LYLE c. WILSON
United Press stan Correspondent

BY LYLE c. WILSON
United Press stan Correspondent
WASHINGTON, Feb. 4-Senate
judiciary committeeman TO-DAY
studied resolution looking toward
the possibility of bringing legal &C
ton against the magazine New
Outlook for publishing an article
implying that some congressman sell
their votes.
The author of the article, 74-year-
old David Barry, veteran senate
sergeant-at-arms, was brought be-
fore the bar of the senate in an I'M
precedented scene Friday cross
examined by angry legislators, and
temporarily suspended
The judiciary committee is to
submit for senate action Tuesday
its recommendations on two queS-
tons Whether Barry should be
discharged; and whether legal &C
ton under the libel laws should be
sought against him and against the
magazine, of which AIRED E. Smith
is editor.
Senator Thomas Walsh Dem,
Mont.,) ferret of the oil scandals,
quietly introduced the resolution
which may detonate political dyna-
mite.
Senate Lawyers Disagree
He asked that transcripts Of the
scnate's inquisition of Barry be sent
to the federal attorneys of the Dis
trict of Columbia and the Southern
district of New York.
The resolution requests 'appro-
pirate action" by the New York
prosecutor, in whose district the
magazine is published.
Senate lawyers disagreed as to
whether the article could have
violated the libel laws. Some held
there could be no libel because no
individuals were named in the ar
ticle.
The lines in Barry's article which
stirred the senatorial tempest were:
Contrary, perhaps, to the pop
ular belief there are not many
crooks in congress, that is, out and
out grafters, or those who are will
ing to be such; there are not many
senators or representatives who sell
their vote for money, and it is
pretty we'll known who those few
are.
Admits Having no Proof
Barry when placed in a witness
chair on the presiding officers diaS,
explained his idea was to defend
the legislators regulations. But
the senate was Wrathful over his
implication that there were some
who could be bought.
udner a croSS-fire of questions
Barry said he had no proof that
some sell their votes. But he said
he believed his accusation was not
false, although matter of opinion.
Bv vote of 40 to 81 the senate
refused summary to discharge
Barry.
On that moral issue, the senate
divided almost exactly ON political
lines. Three Republicans-Brook-
hart. Norris and Nye-voted with
the Democrats to fire Barry. Six
Democrats voted with the Republic
ans against summary dismissal.
They were AshurSt, Copeland, Glass,
Hayden. Lewis and Tydings.
Action Nearly LudicrOus
Senator John J. Blaine rep
Wis.,. demanded that the judiciary
committee subpoena Ex-Governor
Smith and other witnesses before
reporting on the case.
The senate should go into the
matter thoroughly and determine
whether there are members who
take bribes,' he said.
The senate proceedings merged at
times on the ludicrouS before it
finally was decided that action
should be postponed.
Thumbs down, off with his head
throw him to the Ions was, in eff
feet. the battle cry on one side.
Thumbs down, at least for a
little while let's sleep on it, plead
ed the others.
Trouble Is Brewing
Lets give the sergeant -at-arms
the croiX de guerre and the medal
of honor and retire him on full pay
after March f." suggested Senator
Thomas P. Gore Dem, Okla. re-
calling that as Republican
appointee Barry is through March
regardless of decision in the present
case
Let him have counsel" pleaded
Senator Arthur Robinson rep.
Ind. You don't try man with
out counsel"
Plenty of people are going off the
pay roll March without benefit OF
counsel said Senator Hugo Black
Dem, Ala, with a malicious grin
at lame duck colleagues.
In such fashion the senate finally
decided to leave everything to later
decision. But of far greater conse-
quence today that Barry, former
newspaper reporter. who seems Il
have written himself out OF a gooc
job, is the brief resolution offered Il
the senate by the quiet Walsh
Trouble may come of that.