Imperial Valley press., 1933-02-04
i. s. SENATE
WILL PASS ON
BARRY CHARGE
Sergeant-At-Arms Under Sus-
pension Pending Investigation
OF Bribe Claim.
MEMBERS IRE AROUSED
Democrats Grow Sarcastic In
Suggesting Punishment To Be
Melted Out.
By LYLE c. WILSON
United Press Staff CORRESPONDENT

Omtcu FTcSS StdII correspondent
WASHINGTON, Feb. 4. = The
senate judiciary committe was
summoned today to meet Monday
to consider. the case of Sergeant at
Arms David S. Barry who charged
in the magazine THE New Out
look" that some congressman sell
their votes for money.
The committee will consider the
proposal that Barry, who has been
suspended, shall be removed from
office. 1t also will have before it
the Walsh resolution to submit to
the federal district attorneys of the
District of Columbia and Southern
New York the question whether
libel action is warranted
Senate lawyers are divided on
the libel question. Some contend
that since Barry mentioned no
names in his signed article, no libel
action could be brought since no
individual was libelled.
Chairman Norris of the judiciary
committee today wrote Barry re-
queSting that he be in the capitol
Monday to make any statement he
may desire or to appear before the
committee if it desires to hear evi--
dence.
Il don't want any testimony be-
hind closed doors in this case"
Norris said today.
Senator Walsh, Democrat, Mon
tana, ferret of the oil scandals,
quietly introduced the resolution
which may detonate political dyna-
mite. He asked that transcripts of
the senate's inquisition of Barry
be sent to the federal attorneys of
the District of Columbia and the
southern district of New York. The
resolution requests appropriate ac-
ton" by the New York prosecution,
in whise district the magazine is
| published.
Had No Proof
Barry when placed in a witness
| chair on the presiding officers
dais, explained his idea was to de-
fend the legislators regulations
but the senate was wrathful over
his implication that there were
some who could be bought.
Under 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 vote of 40 to 81 the senate
refused summarily to discharge
Barry. On that moral issue the SEN
ate divided almost exactly on po-
litical lines. Three Republicans -
Brookhart, Norris and Nye-voted
with the Democrats to fire Barry
Six Democrats voted with the Re-
publicanS against summary ills
missal. They were Ashurst, Cope
land, Glass, Hayden, Lewis and
Tydings.
Senator Blaine, Republican, Wis
consin, demanded that the judici-
ary committe subpoena ex-Gover-
nor Alfred E. Smith, editor of the
magazine, and other witnesses.
"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.
Lets give the sergeant at arms
the croix de guerre and the medal
of honor and retire him on full
pay after March A." suggested Sem
ator Gore, Democrat, Oklahoma,
recalling that as a Republican ap-
pointee Barry is through March 4
regardless of the decision in the
present case.
Let him have counsel" pleaded
Senator Robinson, Republican, In
diana. You don't try man with
out counsel"
Plenty of people are going off
the payroll March 4 without bene-
fit of counsel" said Senator Black,
Democrat, Alabama, with mali
cious grin at lame duck colleagues.