Evening star. [volume] (Washington, D.C.) 1854-1972, 1935-06-01
HOLT AND HATFIELD
CLASH OVER POST
Senator. Elect Pleads Own
Case, Asking Seat on
Reaching Birthday.

Pleading his own case. West Vir-
GINA s 29-year- old Senator-elect Rush
B. Holt, went before the Privileges
and Election Committee today to sup
port his contention that he is eligible
to take the oath of office when he
reaches the constitutional age limit
of 80 years on June 10.
In a lengthy brief, which he read,
Holt answered the arguments in the
contest filed by his Republican OPP
ponent, former Senator Hatfield, and
in the memorial filed by group of
West Virginia citizens.
In his petition challenging the elig-
Utility of Holt. Hatfield also commended
that under the law he is entitled to be
seated as the qualified candidate. Hat
fields counsel, Grant P. Hall. ques-
toned by committee members today.
stated. however, that he finds no
presidents for the seating of Hatfield"
He indicated that brief which he will
file will be devoted to arguing that
Holt is not qualified.
Seat Might Be Vacant.
Under this theory, the failure to
seat Holt would leave the seat vacant.
Thomas J. Barrett. who with
George H. Williams. appeared to
represent the citizens who filed
memorial in opposition to Holt. asked
permission to reply later to Hollis
argument.
Although one of the petitions chal-
lenged the certificate filed by Holt
in the West Virginia primary. raising
a question as to whether the person
before whom it was acknowledged
was a notary public in certain
county, the preliminary discussion
among committee members indicated
that the proceedings will be devoted
almost entirely to the constitutional
issue of whether Holt is eligible when
he becomes 80.
Message From Secretary.
Holt presented a message from the
Secretary of State of West Virginia
supporting his contention that the per-
son who acknowledged the primary
certificate was a notary public. After
reviewing in detail election contests in
the House and Senate going back to
the early days of Congress. Holt stated:
THE cases OF John Young Brown.
Henry Clay and Andrew Jackson also
disclose that neither the House nor
the Senate ever has measured the age
requirement as of March the 4th.
March 4th was formerly the date for
beginning terms. 1t has since been
changed to January 81 Had either
ct ~ olanfinn tho datp nf
March 4th been considered controlling
in these cases. none of those young
men could have qualified as to age,
but neither date was considered de-
terminative, so they were seated"
Holt also made a reply in regard to
two other cases cited by those support
ing Hatfield These two were the
Shields case from Illinois and the Al
bert Gallatin case from Pennsylvania.
Members of the committee asked
Holt if his age was matter of general
knowledge and debate during the cam
paign He presented a collection of
newspaper clippings to show it was,
and told the committee he referred TO
his age in all OF his speeches. The
nearing was conducted Oy SENATOR
George. Democrat of Georgia. chair
man, with large attendance of COM
mittee members.
Hatfield to Answer.
The committee adjourned early this
afternoon. with Chairman George an
nouncing that Hatflelds counsel would
be given five days in which to file an
answer to Hollis presentation.
After all briefs are in, the committee
will reach a decision and present it to
the Senate. probably about the time
Holt presents himself to be sworn in