Evening star., 1951-12-02

Once a Senator of the United
States is seated" he is harder to
shake loose than a panhandler. His
tory reveals that Senators die, resign,
are defeated for re-election-but
mighty few have been expelled.
Hence, many observers look with
ekepticism on the present efforts Of
Senator Benton, Democrat, of Con-
necticut to have Senator Joe" Nc
Carthy of Wisconsin unseated.
The Mccarthy case, however, in
wolves something entirely new in the
list of reasons advanced for the ex-
pulsion of Senator-his activities
in the campaign in which another
Senator, from different State, was
elected. It grew out of the investiga-
ton by the Senate Rules Committee
of the defeat last year of former Sem
ator Tydings of Maryland by Senator
Butler, Republican. The committee,
in its report to the Senate made no
move to deny seat to Butler, but
paved the way for Benton's attack on
Mccarthy when it wrote: THE ques-
ton of unseating a Senator for acts
committed in senatorial election
should not be limited to the candi-
dates in such elections. Any sitting
Senator, regardless of whether he is
a candidate in the election himself
should be subject to expulsion by ac-
ton of the Senate, if it finds such
Senator engaged in practices and be-
havior that make him, in the opinion
OF the Senate, unfit to hold the posi-
ton Of United States Senator"
Tokes Two Thirds Vote
Mr.. Benton, ardent supporter of
the Truman administration and
former Assistant Secretary of State,
had other fish to fry when he went
after the Wisconsin Senator-as evi-
denced in his resolution which called
up the Rules Committee to investi-
gate Mccarthy. Such investigation,
he said, should include "other acts"
since McCarthy's election-and it IS
clear he had in mind McCarthys
many charges that the State Depart
ment has been impregnated with
Communists and fellow travellers"
Under the terms OF the Constitu-
ton, it requires two-thirds vote to
expel a Senator This requirement
has saved the political skins of
few. On the whole, the Senate has
been extremely careful in its han
ding of expulsion cases. The Privi-
leges and Elections subcommittee,
through its staff, is investigating the
Benton charges, and probably will do
nothing until Congress reassembles
in January.
The first case in which the Senate
had occasion to pass on question Of
the expulsion of a member was that
of Humphrey Marshall of Kentucky
in 1896. Senator Marshall was
charged in a memorial from the Rep
resentatives of Kentucky, backed up
by letter from the Governor, with
having been guilty of perjury in a
chancery case in court. The memo
rial was referred to special COM
mittee for investigation, on motion
of Senator Marshall himself. The
COIllullIICc uldQC d ICpOl cAOllCI dGlIlS
Marshall, which was adopted by
vote of 16 to 8.
BIount Was Kicked Out
The second Senator to come before
the Senate on charges demanding
expulsion was not SO fortunate. Will
liam Blount of Tennessee was kicked
out of the Senate in 1877 with only
one dissenting vote. He was held to
have been guilty of high misde-
meanors" The facts tended to show
that he had been engaged in a con-
spiracy with certain people" in this
country and in England to rob the
Indians of their lands. to debauch
them by selling them liquor. and to
incite them to hostile operations
against the United States and the
government of Spain.
Senator. John Smith of Ohio. who
served in the upper house from Octo-
ber Is, 1903, until he resigned April
Is, 1908, was charged with having
been engaged in the Aaron Burr
conspiracy" which looked to seizure
Of Mexicd with Burr to head the