Evening star., 1941-11-18
Senate Lacks Power
To Bar Langer,CounseI
Tells Elections Group
Statement Is Rebutted
By Representative of
Legislators Opponents

BY the Associated Press.
An attorney~for Senator LANCER,
Republican, of North Dakota con-
tended before the Senate Elections
Committee today that the Senate
had no rightful power" to exclude
Mr.. Langer. while counsel for
group of North Dakota petitioners
contended the chamber could set
up any qualification it sees fit" in
passing on those seeking admission.
Thomas w. Hardwick, former
Georgia Senator. represented Mr..
LANCER and former Senator Edward
Burke OF Nebraska the petitioners,
at arguments which followed IL days
Of hearings by the committee on
Mr.. Langer's fitness to hold office.
Mr.. Hardwick took the position
that Mr.. LANCER is already a Sena-
tor, that if the Senate took any
action against him it would be a
matter OF expulsion with a two
thirds vote required, and that a
member cannot be expelled for acts
which occurred prior to his taking
the oath as a Senator.
Burke Takes Opposite View.
Mr.. Burke argued. on the other
hand, that Mr.. LANCER was permit
ted to take his seat without preju-
dice" pending charges of moral tur-
pitude brought by the petitioners;
that the Senate had a right to con-
slider his qualifications as though
Mr.. LANCER had never taken the
oath and could consider moral fit
ness in addition to the specific quail
flcatlons of age, residence. citizen
ship and election set forth in the
Constitution.
Mr.. HardWick contended that all
OF the issues of the case had been
presented to the people of North Da-
kota, who had passed on them and
found Mr.. LANCER not guilty"
You would be undertaking to su-
persede the judgment of the people
of a sovereign State and substitute
the judgment of the Senate" Mr..
Langer's counsel asserted. In that
way you could keep the Senate Dem
ocratlc or Republican or blue eyed
or red-headed. and there would be
no way to control it."
Earlier, attorneys for both sides
claimed victory in the committee
hearings, which were brought TO
close, at least for the time being.
late yesterday.
Chairman Hatch told reporters
that while most members of the
committee appeared to favor ending
the hearing, final decision or that
question would be delayed for a week
or 10 days to permit study Of the
record.
Brunk Recalled.
The last witness yesterday was
Gregory Brunk of Des Moines, who
was recalled by the committee for a
new round of questioning about his
purchase of land from Mr. LANCER
in 1887 and 1888 at time when the
latter was Governor and Wien the
V. w. Brewer Co.. of which Mr..
Brunk was co-owner. was receiving
pa oAASo - JILL lilC SdlC U lNOI III AakO-
ia County refunding bonds to State
agencies.
Mr.. Brunk told the committee that
there was no connection between the
land purchase and any official acts
by Mr.. LANCER. but he acknowledged
that he believed he bought more
than land" when he paid the Gov-
ernor.
L won't say that I simply bought
land" he testified. Il bought more
than land. I thought I was
buying an opportunity for this man
to make a fair presentation OF him.
self to the Nation"
He explained that Mr.. Laneer's
finances had been drained by a
series Of court actions against HIM,
and that he desired to aid him
financially.