Evening star., 1954-09-27

son. calculated to wound q COLI
league, solely because Senator
Hendrickson was q member Of
the subcommittee and perform
ing services required by the Sen
ate.
Senate Resolution 1877. intro
duced by Senator Benton. was
not voted upon by the Senate,
but when the jurisdiction Of
the subcommittee on Privileges
and Elections and the integrity
Of its members was attacked. the
Senate by its vote Of go to Q
in Senate Resolution 800. af-
firmed and ratified both.
Counsel for Senator Mccarthy
advanced the contention that
these specifications relating to
incidents Of contempt Of the
Senate or a senatorial commit
tee were legally insufficient on
their face as q predicate for the
censure Of Senator Mccarthy
because (1J there has never been
q case Of censure upon q Mem
her Of Congress for conduct
antedating the inception Of the
Congress which Is hearing the
censure charges (p. 10 Of the
'hearings), and (2l because the
subcommittee acted unlawfully
and beyond its jurisdiction.
b. Findings Of Fact
From the evidence and testi-
mony taken with reference to
the first category. the Select
Committee finds the following
facts:
/. On August 8. 1851, Senate
Resolution 1877, 82d Congress. Isl
session, was introduced by Sem
ator Benton and referred to the
Committee on Rules and Ad-
ministration (p.. 20 Of the hear
ingS). .
z. In turn, this resolution was
referred by the Committee on
Rules and Administration to its
Subcommittee on Privileges and
Elections.
8. This resolution provided
inter ALA, that whereas "any
sitting Senator, regardless o1
whether he is q candidate in the
election himself, should be sub
ject to expulsion by action Of
the Senate, II 1t finds such
Senator engaged in practices anc
behavior that make him, in the
opinion of the Senate, unfit tc
hold the position Of United
States Senator"
It will be noted that this pro-
posed resolution authorized and
directed such investigation as
may be appropriate with ref
erence to his other acts since his
election to the Senate"
4. Senator M cCart hy wa
elected to the Senate in the fall
Of 1946, and took his seat in
January 1947.
S. Among the charges pending
before and investigated by thai
subcommittee on Privileges anc
Elections, charges ID, ca, CD
and (4 related to matters since
Senator McCarthy's election tt
the Senate in 1916, and charges
5t5) and CD may or may MOI
have referred to matters since
shls election to the Senate. or tt
matters both before and aftel
his election.
6. Senator Guy M. Gillette wa.
chairman Of that Subcommittee
on Privileges and Elections unit
his resignation on September 26
1852.
Z. BY letter Of Senator Nc.
Carthy to Chairman Gilletts
dated September II, 1851, Sen.
ator Mccarthy stated that h
intended to appear to question
witnesses and that the subcom.
mittee, without authorization
from the Senate was undertak.
ing to condpct hearings in tht
matter.
8. BY letter Of September .25
1851, Chairman Gillette notified
Senator Mccarthy that tn.
Benton resolution Is. Res. 1877
would be taken up by the sub
committee on September 28
1851, and that Senator McCar'
thy could be present to heal
Senator Benton in executive
session and make his own state
ment also, If time permitted.
Senator Did Not Reply.
8. Senator Mccarthy did no
reply to this letter.
10. BY letter Of october !
1861, Chairman Gillette advises
Senator Mccarthy that Senate
Benton had appeared and pre-
sented q statement in suppor
of his resolution looking to &C
ton pertaining to the expulsion
Of Senator Mccarthy from tn
Senate, that the subcommitte'
had taken action to accord II
Senator Mccarthy the opportu
nifty to appear and make an.
/ statement he wished to max
concerning the matter. and tina
/ the subcommittee will be glat
to hear you at an hour mutual,
convenient" before the 10th o
October. II Senator McCarth,
desired to appear.
IL. Under date Of October
1851, Senator Mccarthy wrot
to Chairman Gillette, In reply Il
the latter's letter Of October ]
1851, that 81 have not and d
not even intend to read, mucl
less answer. Benton's smea
attack"
IL. BY letter Of December
1851, Senator Mccarthy advise
Chairman Gillette:
(a) That the Elections Sub
committee. unless given furthe
power by the Senate, is restrict
ed to matters having to do wit
elections.
| (b) That % horde Of investl
gators hired by your committe
at q cost of tens of thousands {