Evening star., 1951-02-21
Election Contest
MayBeSequeIto
Tydings' Charges
Senate Subcommittee
Sets Tuesday as Next
Public Hearing Dote
By w. H. Shippen

| uDli@ ICuIItiS HOtS
By W. H. Shippen
Millard E. Tydings' sensational
charges of "scurrilous, libelous and
unlawful" campaign tactics of
Senator Butler appeared today to
have launched a full-dress inves-
tigation which may develop into
a contest over the Maryland elec-
ton.
Whether the seating of Senator
Butler will be challenged was un-
determined as the Senate subcom-
mittee set Tuesday for the next
public hearing date and planned
closed sessions, meanwhile. to de-
termine the order of witnesses and
plot the course of the inquiry.
Meanwhile, Senator Butler stood
on his opening statement delivered
yesterday on a point of personal
privilege, prior to Mr.. Tydings'
lmpassioned, 10,000-word castiga-
tion of the Senator and those re-
sponsible for publishing and dis
tributing~ what he described as a
tissue of lies"
Asks Criminal Action.
While Mr. Tydings did not raise
the issue of whether the Senator
is entitled to his seat, he asked
the subcommittee to recommend
criminal action" under the Dis
trict libel laws against those re-
sponsible for circulating a four
page tabloid. From The Record.
throughout Maryland few days
before the election.
Without naming the persons he
thought should be prosecuted. Mr.
Tydings asked the committee to
recommend such action if you
find that the admissions made by
the guilty parties. already pub
lished in the press, and the facts
that I have submitted are true" :"
The charges involve publishing
and distributing defamatory state
ments and unadorned lies" Mr..
Tydings said.
Chairman Monroney. Democrat,
of Oklahoma announced after Mr..
Tydings' testimony that the recess
would be taken to give Ralph
Becker, Republican minority coun-
sci, time to familiarize himself
with the case.
Mr.. Tydings. who took up the
practice of law in Washington,
after his defeat for a fifth term
last November. explained he is
flying to London at the end of
this week and expects to return
in mid March. Chairman Mon
roney indicated Mr.. Tydings
might be recalled at that time.
The witness replied he was
"very much interested" in the
case and will advise the commit
tee on his return. He read only
his formal statement yesterday
and probably will be recalled for
questioning on the basis of testi-
mony to be heard during his alb
sence in England.
u Butler Overruled.
The subcommittee Of two
Democrats and two Repub-
licans, unanimously overruled
Senator Butler when he sought to
have the Tydings' statement de-
ferred until the committee could
determine the character of the
hearing"
The subcommittee considered
the questions raised by Senator
Butler in closed session and then
called Mr.. Tydings to the stand.
The subcommittee on Privileges
and Elections furnished the Sen
ator with copies of Mr.. Tydings'
statements, a list of prospective
witnesses and an outline of their
probable testimony.
It was believed that some of
the first witnesses will be employees
of the Times-H Herald, accused by
Mr.. Tydings of printing half a
million copies of the illustrated
tabloid in Washington at price
estimated by the ex-senator of
about half the cost.
Mr.. Tydings said the Tribune
owns the Times-Herald and "is
the largest single stockholder in
the Mutual Broadcasting Corp"
whose "so-called evening COM
mentator" is Fulton Lewis, jr. MIR.
ITydings accused the latter of
broadcasting completely false
statements about him during the
final phase of the campaign.
Claims No Immunity.
The ex-senator. in one of few
departures from his text, said he
claimed no immunity from his
statements and would repeat them
outside of Senate jurisdiction,
should they be challenged by the
pdI UlCS 11dlIlCO. 1Illo dPPol CAAoAJ
was an open invitation to persons
who might wish to sue him as a
result of his testimony.
In reply to questions raised by
Mr.. Butler, the committee held
that, under the Constitution and
the rules of the Senate, it had au-
thorization to inquire into the
following issues:
Matters relating to the election
of the President, the Vice Presi-
dent, or Members of Congress;
corrupt practices, contested elec-
tions, credentials and qualifica-
tions, Federal elections generally
Presidential succession.
The group, when faced with
complaints within its jurisdiction
has this three-fold obligation, 1t
was explained:
81. To develop facts which might
be necessary in the event of a
contest over the Senate seat or to
permit the Senate to decide
whethar a nartjc11ar Senator