Evening star., 1953-12-28
Few Ousted From Disputed Senate Seats
By Robert K. Wolsh

THE ROLL OF those blackballed or
i bounced from the reputedly most
exclusive club on earth is surprisingly
short but hardly simple in the annals
of Congress.
Getting into the United States Sem
ate, not to mention staying there, Is
far from easy. In view Of the scramble
over a New Mexico seat held by SEN
ator Dennis Chavez. Democrat. and
contested by Patrick j. Hurley, Repub-
ican, it seems pertinent to cite some
precedentS. They show the compara-
tive difficulty of keeping out or throw
ing out Senator-unless, OF course,
the electorate does it.
The Senate in all its history has re-
ceived less than 130 formally filed con-
tests or complaints. Yet it has refused
admission to only 20. Only is others
who had taken the oath of office were
ousted or resigned under fire.
That seems remarkably small num-
ber in the light of Article I. Section 5.
Of the Constitution, which says each
branch of Congress shall be the judge
of the elections, returns and qualifica-
tions Of It's members" At the same
time, the paucity Of outright expulsions
can be explained to some extent by the
requirement for two-thirds vote to
unseat Senator once he has latched
onto desk.
Without attempting to predict the
outcome Of the Chavez-Hurley battle.
it is obvious that Senator Chavez has
lost merely one skirmish. A Senate
subcommittee recently split 2-1 in cast
ing doubt on validity Of $4,000 ballots
in the 1852 New Mexico election when
Senator Chavez came out 5000 ahead.
The formal report to be submitted soon
by the subcommittee will be subject to
approval by the Rules Committee. 1t
then presumably will be put up to the
Senate consisting Of 48 Democrats. AZ
Republicans and one Independent.
The fact that he has been in the
Senate since 1885 is another factor
likely to work in favor of Senator
Chavez Nor is that Senator a stranger
to senatorial contests. In 1888 he and
the late Senator Bronson Cutting, a
Republican, took their fight to the Sen
ate. Mr.. Chavez demanded recount
Of the senatorial election. While Sen
ate committee was looking into the
situation, Senator Cutting died in an
airplane crash in 1885. The Senate
went ahead with the election recount
and confirmed the election Of Mr.. Cut
ting. Later Mr.. Chavez was appointed
to the Senate by Democratic governor.
The names of Ware, Smith. Newberry.
Lorimer, Brookhart, Smoot, Bilbo and
LANCER come to mind in any survey Of
men who figured, successfully or un-
successfully, in Senate self examination
of elections during the first half OF
the current century.
There were plenty of fringe disputes.
The O'Conor-Markey and Butler-Tyd-
ings Squabbles in Maryland are among
the most recent. Former Senator O'Con-
or, Democrat. was declared elected in
1946 by such slim figure that D. John
Markey, his Republican opponent, con-
tested. The Senate Rules Committee
turned down q Markey motion for a
recount.
Senator Butler, Republican, held onto
his Senate spot in 1851 despite Senate
committee condemnation Of some Of
his campaign tactics. The committee
refused to challenge his right to be
seated.
AS early as 1894 Albert Gallatin.
later named Secretary Of the Treasury
by President Jefferson, was not al
lowed to sit in the Senate. At that time
he had not been a citizen for the re-
quired nine years.
Yet, Henry Clay in 1907 and Armi-
stead Mason of Virginia in 1917 went in
and sat down, although neither had
reached the required minimum age Of
80. No member challenged them, per-
ranIHOf1V1 fhnY1n1af 0hOyff II
But when Rush Holt, West Virginia
Democrat, was elected to the Senate
in 1884 he encountered considerable
senatorial talk, If only temporary 'trou-
BILE. He had purposely and prudently
delayed presenting his credentials until
he was 80 The Senate discussed, de-
liberated and finally declared he was
entitled to membership.
Generally. members or members
elect have been expelled or excluded on
charges of excessive campaign expendi-
lures or undue electoral engineering.
There never has been a decision in
volving moral turpitude. After the Civil
War the cry Of "disloyalty'' was raised
to prevent seating Of several men
chosen from Southern States.
Religion was at the root Of an un-
successful attempt TO OuSC senator
Smoot, Republican, Of Utah. in 1904,
who was q Mormon. The Senate voted
by large margin in his favor.
More recently, Frank L. Smith, an
Illinois Republican, and William s.
Ware, Pennsylvania Republican leader,
were denied entry to the Senate because
of too lavish campaign spending.
Senator Newberry. Republican, Of
Michigan, was seated despite hard
fight based on complaints of excessive
expenditures. He resigned in 1922 in
the face Of renewed attempt in the
Senate to send him home. William
Lorimer, an Illinois Republican, was
dropped outside the Senate door in
1912 after an investigation Of charges
of bribery of some State Legislature
members in the senatorial election.
Not all senatorial election contests
had unhappy endings for the member
at-issue The late Senator Smith w.
Brookhart. Republican. Of Iowa. took q