Evening star., 1950-12-31
By Gould Lincoln

Chances that the Democratic
Conference of the Senate will vote
to deny Senator-elect John Mar
shall Butler, Republican, of Mary
land, the right to take seat in
the Senate when the 82d Congress
opens Wednesday, were discounted
l. in Democratic Senatorial quarters
yesterday.
The opinion was expressed that
the conference would be disin-
clined to make the Butler seating
a party matter, particularly in
light of the fact that. the Sen
ate Rules subcommittee, which
has been investigating the charges
that Mr.. Butler used scurrilous
and defamatory campaign litera-
ture in his race against Senator
Tydings, Democrat. has not recon-
mended that Mr.. Butler be denied
la Senate seat.
The Democratic Conference of
the Senate is scheduled to meet
Tuesday. It's first task will be
election of a party leader, an
assistant party leader and whip.
Senators O'Mahoney of Wyo-
ming and Mcfarland of Arizona
are candidates for the leadership.
The word has gone out, correct or
incorrect, that the White House
prefers Senator O'Mahoney and
the Southern bloc in the Senate
is supporting Senator Mcfarland.
1t looks as though the fight will
have to go a final conclusion in
the meeting of the conference
itself.
Leaders Were Defeated.
The defeats of Senator Lucas
of Illinois and Senator Myers OF
Pennsylvania in the November
elections have made it necessary
to choose a new Senate Democratic
leader and new whip.
Senator O'Mahoney, who is
senior to Senator Mcfarland in
Senate service, did not really get
into the race until weeks after the
Mcfarland candidacy was an
nounced. A lot of work has been
done for both the candidates.
Each camp is proposing South
erner for assistant leader and
whip and the names most fire.
quently mentioned are those of
Senators johnson of Texas, Kerr
of Oklahoma and Sparkman of
Alabama.
During the session just closing
Senator O'Mahoney has taken the
lead in pressing for the passage
of the bills granting statehood to
Hawaii and Alaska-which were
opposed by the Southern bloc He
was a leader in the demand for
an excess-profits tax, and thereby
stepped on the toes of some Sena-
tors who did not believe in that
kind of tax. And further, he was
an opponent of the Kerr bill
which would have specifically
freed natural gas companies from
Federal rate control. In each in
stance. he supported the attitude
of the Administration.
Has Been Independent.
Senator O'Mahoney, however,
has again and again demonstrated
independence of thought and ac-
tion Not only did he become a
leading opponent of the late Pres
ident Roosevelt's Supreme Court
packing bill. but in 1912, as chair
man of a judiciary subcommittee.
he reported adversely on House
bill prohibiting poll taxes on the
ground that it would require a
constitutional amendment to deny
the right of a State to impose and
collect. a poll tax. His opponent
later supported an anti-poll tax
bill; as a member of the judiciary
committee.
When the Democratic Confer
ence gets around to the proposal
of Senator Anderson of New Mex
leo that Senator'S elect Butler he
asked to step aside until the Sen
late can consider whether he
should be seated or not, the argu-
ment may be prolonged.
The Senate has the authority
to deny a seat to a Senator if it
doesn't like the color of his hair
| OR for any other reason-pro-
vided a majority of the Senate is
willing to vote that way. Because
it has that authority the Senate
has been careful how it has exer-
cised it. They give great consider
alton to the fact that Senator
elect who presents himself to take
the oath of Office and enter upon
his duties has been elected by the
people of his State. In the Butler
case. they will remember that the
Republican Senator-elect defeated
Senator Tydings at the polls by
$4,000 votes. very considerable
majority.
The Rules subcommittee headed
by Senator Gillette, Democrat, of
Iowa, which has been investigat-
ing the Butler -Tydings campaign
has Cd not completed it's investi-
cation and (2) has so far found
nothing that in the opinion of its
members would warrant demand
that Mr.. Butler be denied a seat.
Further, it has made no report
to the full Rules Committee upon
the case.
Tydings Made No Contest.
Senator Tydings has made no
formal contest against Mr.. But
ler being seated. He has however,
given his version of the campaign
literature used against him by the
Butler supporters.
Senator Anderson, who is not
member of the Rules Committee,
but who has interested himself in
the proposal to deny Mr.. Butler
a Senate seat, was chairman OF
the Democratic Senatorial Cam
naion Committee and also acting