Evening star., 1947-01-03
BiIbo Ban Could Set
Dangerous Precedent

Dangerous Precedent
Might Allow Majority Party to
Bar Political Foes on Whim
By David Laurence
Denying seat to Senator Bilbo may
fit in with the emotional circumstances
that have aroused so much antipathy
against him, but before the issue is dis
posed of some very tender points will
have been aired and the final vote may
turn on questions that have very little
to do with the present agitation.
For, If a Senator can be unseated be-
cause certain group of Senators does
not like his views or prejudices, the
precedent can become important for
the unseating of other Senators on the
same grounds. The majority party
could thus by whim or caprice deprive
elected members of the minority Of
their seats. The rules of the Senate
were never intended to permit that
kind of thing.
In the Bilbo case, the only real
grounds for discussing an unseating
relate to whether the Mississippian did
or did not violate laws in accepting favors
from war contractors. If such a case
can be proved against him to the salts
faction Of majority of the Senate, his
seat can be denied him. Then, if an
other election is held in Mississippi to
fill the vacancy and the people of that
State elect Senator Bilbo again. it would
be difficult for the Senate to reject him
a second time, because the sovereign
voters of the State will have known all
the charges and will still have sent
him back.
Precedent for Seating.
There are instances in which mem
bers of Congress have been indicted
and have been convicted but have not
been deprived of their seats until they
actually began to serve sentence. SUBJ
sequently in another election, when re-
turned to Congress, certain members
who staged a comeback have been
seated. Once the wife of convicted
member was elected in his place.
The chances are that the case against
Senator Bilbo will not be specifically
related to the incitement of race preju-
dice, though it is apparent the Repub-
licans and Northern Democrats are
aware of the political benefit which
accrues to them by arguing about that
point in order to get Mr.. Bilbo out of
the Senate
The final vote in the Senate may have
to be confined to the question of law
violation. Southern Senators, for in
stance, would never vote to unseat
any one just because he had earned
the wrath Of particular groups.
To expel Senator requires a two
thirds vote, but to deny him seat as
he applies for admission requires only
majority vote. If the Southern Sena-
tors voted as bloc in defense Of Sena-
tor Bilbo, a two-thirds vote could not
be modified against him.
Vote Can Be Delayed.
When Senator stands up to be
sworn in. he can be asked to step aside
and then his case can be considered
and debated in due time, and q ma
jority vote governs. Previous instances
Of challenge usually have occurred at
the very outset, when Senator asked
for entry. Sometimes Senator is
permitted to take his seat and partici-
pate in proceedings pending the out
come of his case. Some have sat for
months before final vote. In one in
stance. a Senator resigned as he recog-
nized that majority was determined
to unseat him.
Senator Bilbo's attorneys may argue
that other Senators accepted small
favors from constituents who were
benefited by the official acts of the
same Senators. But the fact that in
the other cases the Senate did not take
cognizance Of the charges and unseat
the member or members in question
will have no bearing, because these mat
tiers took place in previous Congresses.
Each Congress elected for two years is
a separate entity.
Senate Free to Act.
Undoubtedly there have been charges
similar to those which now are placed
before the Senate about Senator Bilbo.
Somewhat the same type of innuendo
was 1eveled against Representative May,
Democrat, in the last Congress, but no
effort was made to unseat him because
he protested his innocence and no action
was taken against him by the Justice
Department with respect to alleged law
violations. He was later supported in
his unsuccessful fight for reelection by
Senator Barkley, Democratic leader.
Senator BilboS supporters may con-
tend that if he violated the law the JUS
tice Department would first have to
prosecute and obtain conviction before
the alleged crime could be the basis for
an unseating charge. The Senate, on
the other hand, need not wait for legal
proof or the filing of charges by the
Justice Department 1t can unseat an
elected applicant because it doesn't like
the color of his hair. That is the literal
prerogative of the Senate, but members
hesitate long while before casting their
ballots to unseat a Senator on vague
grounds, because they know that once
precedent is made, it can be referred
to again. While the precedent is not
binding on o future case, 1t does mean
that opportunities for political reprisal
against opponents are thereby widened.
Reproduction Rights Reseryedl
Whot Britoin Wants
From the London Daily Mail.