Evening star., 1954-09-27

etl2O E1CGblOklS, WIl1CI1 tIlckl COA1@
Quoted investigations without
obtaining resolutions Of author
ization from the Senate.
These precedentS indicate
that the legal power Of the sub
committee to conduct investiga-
tions Of its own motion is not
subject to question: and. also.
that the subcommittee may act
under "a resolution formally
adopted by the Senate"
It is the opinion Of the select
committee, in addition to the
conclusion made evident by the
foregoing precedents, that the
vote of the Senate on April 10.
1852. upon Senate Resolution
800, 82d Congress. second ses-
sion, introduced by Senator Hay
den for himself and Senators
Gillette, Monroney. Hennings,
and Hendrickson, to obtain the
sense Of the Senate upon the
right and power Of the Com
mittee on Rules and Admins
tration and its Subcommittee on
Privileges and Elections to pro-
ceed with the investigation Of
Senator Mccarthy under Senate
Resolution 1877. and. to obtain
a vote of confidence from the
Senate in the integrity Of the
committee members, carried all
the implications, and was to the
same effect, as If the Senate by
vote had directed that commit
tee and subcommittee, on Au-
gust s.. 1851, to proceed with
the investigation sought by Sem
ate Resolution 1877.
'It is, therefore, the opinion
Of the select committee that it
was not necessary for Senate
Resolution 1877 to have been
adopted by the Senate.
4. The Gillette Hennings Sub
committee on Privileges and
Elections was not octing
beyond its power or jurisdie-
tion.
The action Of the Senate upon
Senate Resolution 300 must be
considered as an affirmance that
as of April 10, 1852. when the
actions of the Subcommittee on
Privileges and Elections and the
integrity of its members were
ratified and approved by a vote
Of so to O, the committee and
subcommittee were acting with
in its power and jurisdiction.
Not Limited to Elections.
The jurisdiction of the Sub
committee on Privileges and
Elections was not limited to the
conduct of Senator Mccarthy
connected with elections only
but extended to acts totally un-
connected with election matters,
but which were relevant in in
quiries relating to expulsion, ex-
clusion, and censure. The debate
in the Senate and the vote of
the Senate makes this abun-
dainty clear. (See Congress
sional Record. Senate, April g.
1852, PIP. 3701, 3753-3756) One
of the principal purposes of the
introduction of Senate Resolu-
tion 800 was to affirm or deny
the contention of Senator Nc.
Carthy that the Subcommittee
on Privileges and Elections lackee
jurisdiction to investigate such
acts as were not connected with
elections and campaigns. Senate
Resolution 1877, introduced BY
Senator Benton, provided for ar
investigation with reference tt
the other acts of Senator NC
Carthy since his election to the
Senate Gin the fall of 1946), as
might be appropriate to carry
out the purposes of the resolu.
ton. 1t is clear. therefore, that
the subcommittee had the right
and power to investigate the acts
of Senator Mccarthy at least
since January 1947. While Sen
ate Resolution 1877 did not itSel1
specify any charges against Sen.
ator Mccarthy, the charges
pending upon the Subcommittee
on Privileges and Elections were
known to Senator Mccarthy anc
were disclosed to him in detail
in the correspondence between
him and the chairman of the
subcommittee. Most of the siS
charges referred clearly to acti-
vities of Senator Mccarthy after
January 1947. It may be, al
though this select committee il
not in a position to so decide, thai
some parts Of the investigation!
and proceedings of the Sub.
committee on Privileges anc
Elections were concerned with
matters arising before January
1947. but it is the judgement oi
this select committee that thi.
extension Of power and author.
ity did not ipso facto nullify the
power and jurisdiction of thai
subcommittee to proceed with 1t.
lawful duties and powers.
It is, therefore, the judgmen
of the select committee that fol
purposes of the present inquiry
it can be stated that the Gillette
Hennings Subcommittee OF
Privileges and Elections was no
acting beyond its power ant
jurisdiction so far as formin,
a basis for the possible censur,
of Senator Mccarthy by reasol
of his conduct in relation will
: and toward that subcommittee.
5. The Gillette Hennines Sub
committee on Privileges ont
Elections wos a IowfulI,
constituted committee.
AS shown by the testimon!
taken in this proceeding, the sub.
committee originally had fiv'
members. After the resignation
of Senators Welker and Gillette
and the reduction Of the mum
ber of acting members to 8, Sen.