Evening star., 1954-09-27

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on January Q. 1858. and since
the new Congress convened the
next day, there was not time
for action In the prior session.
While it may be the law that
one who is not a member Of
the Senate may not be punished
for contempt Of the Senate at
a preceding session, this Is no
basis for declaring that the
Senate may not cenSure one of
its own members for conduct
antedating that session. and no
controlling authority or prece-
dent has been cited for such
position.
The particular charges against
Senator Mccarthy. which are the
basis of this category. involve
his conduct toward an official
committee and official committee
members of the Senate. These
committees continue from ses-
sion to session and there is no
lapse in their legislative business.
The reelection Of Senator
McC Carthy in 1852 was considered
by the select committee as 4 fact
bearing on this proposition. This
reelection is not deemed con-
trolling because only the Senate
itself can pass judgment upon
conduct which is injurious to its
processes, dignity, and official
committees.
In the Senate on April 8, 1852
Congressional Record, Senate,
April 8, 1852. Page 3,753), at the
request Of Senator Hayden, there
were ordered printed Senate Ex-
pulsion, Exclusion, and Censure
Cases Unconnected with Elec-
tions, 1871-1951.
A resume of precedents on ex-
pulsion, exclusion, and censure
cases since the organization Of
the Committee on Privileges and
Elections is printed at page 73
OF the Hennings- Hayden Hend-
rickson report. Another collection
Of Senate precedents appears In
the Congressional Record, SEN
ate, August 2. 1854, page 12361,
being study prepared by Will
liam r. Tansill. of the Govern
ment Division Of the Legislative
Reference Service of the Library
OF Congress, printed on motion
| Of Senator Morse. In election
cases, the Senate, of course,
considers conduct occurring be-
fore the commencement of the
term Of the Senator involved.
Senator Morse, in the same day,
had printed in the same Con-
gressional Record at page 1871
certain pertinent material from
Kinds Precedents. and at page
1878 certain pertinent material
from Cannon's precedents.
From an examination and
study Of all available precedents,
the select committee is of the
opinion that the Senate has the
power. under the circumstances
Of this case, to elect to censure
Senator Mccarthy for conduct
occurring during his prior term
in the Senate, should it deem
such conduct censurable.
8. 1t wos not Necessary for SEN
ote Resolution 1877 to be
| adopted by the Senate.
Senate Resolution 1877, intro
duced by Senator Benton on
August 6, 1851, was not actually
a resolution for the expulsion of
Senator Mccarthy. In the res
olution paragraph, the Commit
tee on Rules and Administration
Is authorized to make an inves-
tigation-
"as may be appropriate to
enable such committee to
determine whether or not it
should initiate. action with
a view toward the expulsion
from the United States Senate
of the said Senator. Joseph
r. Mccarthy"
In the regular order of Sem
ate business, after this resolution
was introduced, it was referred
by the President of the Senate
without a vote by the Senate, to
the Committee on Rules and Ad-
ministration.
Committee on Rules.
The Legislative Reorganization
Act Of 1916, in section 102, which
incorporates rule XIV Of the
Standing Rules of the Senate
provides that among. the stand
ing committees to be appointed
at the commencement Of each
Congress, with leave to report by
bill or otherwise. there shall bt
q Committee on Rules and Ad.
ministration, to which committee
shall be referred all proposed
legislation, messages. petitions
memorials and other matters
relating to -. credentials anc
qualifications. BY section 1874
Of the same act, each standing
committee of the Senate, includ-
ing any subcommittee Of such
committee, is authorized to hole
such hearings, to sit and act al
such times and places during the
sessions and adjourned period,
Of the Senate, to require by sub.
pena or otherwise the attendance
Of such witnesses -. as it deems
advisable. It Is further provided
in the same section that each
such committee may make in.
Nestigations into any matter
within its jurisdiction and re-
port. such hearings as may bt
had by it.
AS stated by Senator Cast
reference is made on Page II o.
the Hennings report. being tht
report Of the Subcommittee or
Privileges and Elections to the
Committee on Rules and Admin.
istration pursuant to Senate Re.
solutions 1877 and 304, that in