The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1933-02-04
BR|BE CHARGE
STIRS TURMOIL
IN CONGRESS
Veteran Sergeant at Arms
Is Suspended by
Irate Senate.
AL SMITH MENTIONED
Resolution Demanding Libel
Action Is Studied by
Committee.
BY LYLE G. WILSON
limited Press STAFF Correspondent

United Press stan Correspondent
WASHINGTON. Feb. 4.-Senate
judiciary committeeman today
studied a 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-a 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 recommendation on two ques-
tions: 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 Alfred 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
senate's inuuisition of Barry be sent
to the federal attorneys fthe 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 coulud 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 1t Is
pretty we'll known who those few
are.
Adults Having no Proof
Barry when placed in a witness
chair on the presiding officers dlaS,
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.
Under 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 a matter of opinion.
BY a 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-Bro
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 lions" 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 4" suggested Senator
Thomas P. Gore Dem, Okla.). re-
calling that as Republican
appointee Barry is through March 4
regardless of decision in the present
case.
Let him have counsel" pleaded
Senator Arthur Robinson rep.
Ind. You don't try a 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 to
have written himself out of a good
job, is the brief resolution offered 10
the senate by the quiet Walsh
Trouble may come of that.