Evening Star Newspaper, January 19, 1927, Page 5

* PINCHOT REGPENS HOME IN DISTRICT Former Pennsylvania Gov- ernor to Continue Fight for Nation’s Resources. Gifford Governor Pennsylvania here from Harrisburg, ing and’ spent the Mr. Pinct home at 16 Pinch until of vesterday this morn at the 1S reoper ' RI avenue has announced that he will continue | his fight for servation of the tion’s resources where he loft r public life in his State, first commissioner later Na wnd Will Watch Home While h least for State. intends to remain here at the remainder of the pres s, Mr will watch ¢ always will be ready t causes for during his rticularly does he aid to movements de: election fraud sylvaniz Tt it known he a s strike : which he administration impossible in Penn ghout the his last of ni gospel of conservation thros country was indicated Ly ficial act as Governor « This was to accept the Wisconsin Legislature wdd that body at an undotermined ¢ this Winter on conser Pennsylv to To Follow Shoals Project. While .here Mr. Pinchot plans to follow closely any developments with veference to the development of the Musc] Shoal. ' t: to spre the powe the water plan worked out here during his administration, and 10 seek to aid conservation of the na tional forests in any way that may be opened to him SMITH'S DEMAND FOR SENATE SEAT MADE AT CAPITOL | __ (Continued from First Page.) MSenator Moses of New Hampshire in enator Newberry of Michigan Senator May Texa Minne- Gold of in in sota Senator Maine, re ated. In all these cases contests were noted, but the oath was administered when the cre- :?dflvviuls were presented in due form. een alse ssed the 8 Gen. Shields, nator different times from three States, lllinois, Minnesota and Missouri. ields was elected Sehator from i in 1849, Because of aileged disqualification a motion was made his credentials to the judi- Senator Stephen uglas of Illinois defended his right _to be sworn in and Shields was permitted to take. the oath of office. Examined 39 Cases. Senator Deneen continued: “I have carefully examined 39 cases between the case against Senator Shields in 1849 and that against Senator Smoot n 1903 in which there were objections 8o the credentials offered by Senators €lect or designate. Of these there were 23 cases in which the oath of office of ministered over objection and | tter thereaffer referred to ap riate committees for investiga- In the 16 remaining eases between the case against Senatér Shields in 18 nd that against Senator Smoot in 1903, the oath of office was not ad- ministered, pending investigation. “In the 16 cases the grounds for con- test in six related to the loyalty of the Senator elect; in sevép the question ated to irregularity of.elections: in case of Adelbert Ames of Missis- &ippi. in 1870, the contest related to in- ability; and in the case of Shields in Minnesota and in the Louisiana cases the objection whs that there was no constitutionally ofganized State gov- ernment Goncerned Lack of Qualifications. “It appears, therefore, that in these 16 cases where the oath was denied until charges were heard by commit- tees the grounds on contest were the wk of the qualifications defined in the Constitution (relating to age, citi- zenship in the United States and in- habitancy) and the inhibitions under the fourteenth amendment. “Po xum up, then, the precedents establish that since the case of Gen Shields, in 1849, the Senate has in no case denied the right of a Senator- elect or designate to take the oath of office before the hearing of his case, except where the qualifications specifi- cally defined in the Constitution itself were involved. “In the case of Col. J there is no ch s 30 vears of United States been for over nine years, was an in- habitant of the State of Illinois when appointed and has never violated the inhibitions of the fourteenth amend- ment. Therefore, under the prece. dents, is entitled to take the oath of offic Cites Shields Case. Senator Deneen in discussing the case of Shields 1 follows: dentials are and therefore entitle him to in this body. He stands the same position in which other enators stood who were yvesterday admitted to ats; and if there in due form, a seat in precisely it must arise after he has bee and has taken his seat. This body has no jurisdiction over him on this il he has been admitted to s one of its members, for can the question of At present he has a ht to a seat here 1o a vote on ny question that may until the nate Il judge hin Senator Reed, | lled upon the sworn arise of Missouri o refer the Co! Smith to the ges and elections committee and en offered his resolution 8! mark ed, “that is distinguishabie from referred to by the Henator from Illinois, and that the line of demarkation = « humble judgment t mentioned and recog e ‘In the cases cited the applican, for & seat presented credentials and usked Lo be sworn in. The credentials 1 to be prima facie evidence t to anc no con- wi the Senate had s the applicant ath and then appropriate this the be a seat before 15 allowed committee Opposes Conferring Outh n the present ca Smith ap- pears with credentials hey are in proper form. If that were all the in formation the Senate had before it, the ordina rse would be to ac- cept the cr r him in. Though 1 g that if the Senate had general information that an applicant for a seat was not a proper person, that the Senate would Rot be abundantly clothed with power arrived Capitol. | his | off to | has | wish to lend his | ed to make | a t Mr. Pinchot will ecarry the | has to be | |THE BOY WHO MADE WeL Wew weLe! - WAT AT OLD oTTo ORM HIMSELF ! ‘ How's ABoy? GEE - 1 AT sCE"*‘ el 20 YEARS ! Sy T | £ 00 \WE HEARD YA WAS 114 | 1 HoTeL BUSImESS BUT WE NEVER DIREAMED YA i HAD SUCH A SWELL | Sog As THIS, GosH i R YA 2 Y, 7Ry VA CERTNLY GOT T LAUGH | |) or« A LOT OF OLD CRABS | | Bacic MOME THAT SAL0 | YA D MEVER AMOUNT [ 0 RoTrtes, THEY ANT GoT AWORD TO _SAY “THESE DAYS | = W 4 g WORLD'S USIN' | [ me VKETT‘/J.J 1 v Hur! HoH: (C,—u;; | ©DOLED | €M ALL RiGHT THE EVENING STAR, WASHINGTON, D. €, WEDNESDAY, JANUARY 19, 1927. GOOD. —By WEBSTER. | VT CERT'MLY |5 6FReaT To SEE YA GETTIN ALONG S0 MicE, OTTO. ‘RE ALL PRETTY \\géoup OF YA BACK PLL SET WHEN YA | \VAS WORKIN I TH ZRIC I YARY 20 | f;)g;\rifi' AGO YA MEVER OREAMED YA O WIND OP WITH A SWELL o0& LUKE THIs L wWeELL,V C ComMPLAIM, TH [ aw,SAY, You RE MAKIN oo MuCH FUSS OVER ME, 1™ omiLy A HOTEL Q;;o ( WELLTHAT'S TH WAy VT GOES - SOME LEm MAKE GOOD AN SoME T, YA NEVER CA™ TeLL How A FELLER'S GomrmAa TURM ouT | to withhold the seat until an investi- { gation had been had. But in this case the Senate has official knowledge through a select committee of the enate. Evidence was taken under ath. It is here. If that evidence is such as to shaw that Smith is not en- titled to be seated, then it overcomes { the prima facie case presented in the | credentials. “It is almost absurd to say that the oath must first be administered and then an inquiry, and then expulsion. That would appear to be a ridiculous performance.” Senator Reed said that the Senate should proceed with circumspection jand deliberation, observing the highest principles of justice. He said that the showing made in the Smith case had demonstrated such fraudulent conduct by the applicant for this seat as to lemonstrate his personal unfitness and further discloses enough of the facts to make it a justifiable conclu- sion that he should not be seated. Holds Election Was “Wicked.” “The present appointment of .Col. Smith,” continued Senator Reed, “springs from and comes out of the fact that he was elected. © The ap- pointment would never have been made had it not been for the election. This election was wickedly ‘and fraudulently accomplished. It seems to me this fraud taints the whole transaction and puts its stain on these credentials here presented.” Senator Reed attacked the argu- ment which has been made in behalf of Smith and Vare that the Senate bas only the right to pass on those qualifications of a Senator mentioned in the Constitution, including . age, place of residence and citizenship. He insisted that the provisions of the Constitution which makes each house of Congress the judge of the election returns-and qualifications of its mem- bers was a broad grant of power from which there was no appeal. “The courts may not interfere, the Executive may not interpose,” said Senator Reed. ‘“This grant of power was necessaty to preserve the inde- pendence of the legislative branch of the Government.” Senator Borah of Idaho interrupted: i “Does the Senator from Missouri re- gard Mr. Smith as a member of the Senate at this time?” Holds Construction Strained. “Technically no,” replied Senator Reed. “I doubt if any one besides the Senator from Idaho has ever raised such a gquestion.” Senator Borah called attention to the fact that Senator Douglas, defend- ing Shields' right to be sworn in in 1849, had made the same point. Senator Reed insisted that such a construction of the Constitution was a strained construction. i “It seems to be,” continued Senator | Reed, “that whatever any great man or near great man may have said re- garding this matter, that it is absurd that the Senate cannot protect its por- tals. My deliberate views of this case is that Mr. Smith under existing cir- cumstances must be refused the oath of office. 1 want Mr. Smith to have the opportunity to present his case before a committee that®may not be charged with having pfe]!ldged his case. I recognize the gravity of the Qquestion. We must give justice not only to Mr. Smith, but' the' United states of America. h""Unc thing certain, if this Senate { does not guard its portals and protect its integrity, the is no power out- side of the Senate to protect that in- tegri We have the power and must exercise it fairly. If we do it should be notice to all that a man must come into the Senate with clean hands as into a court of chancery can be certified to this country, then at least s orial elections will be some extent be kept pure. Men will not longer try to purchase seats of honor and of power in this body."” Bingham Takes Issue. Senator Bingham, Republican of Connecticut, took issue with Senator Reed of Missouri in his contention that the Constitution gives the Sen- ate an unlimited grant of power to embers. M enator Bingham announced that he would vote against a motion to refer Smith's credentials to a com- | mittee before administering the oath, and concluded his appeal on behaif of the seating of Smith as follows: “No court has found him guilty, and I am an old-fashioned Connecticut Yankee who was brought up to be. lieve that o man is innocent until legislative body and become an agency | They came, he said, with proper cre- | Reed Hosp' | City for burial of tyran The Senator from Connecticut as- serted that the future of this country depends upon the preservation of the rights of the States. He said that his sole interest was to preserve representative form of government and that in this case the Governor of Ilinois was properly exercising a State function in appointing Mr. Smith to finish the unexpired term of the late Senator McKinley. ‘Walsh Defends Senate Powers. Senator Walsh of Montana, Demo- crat, argued that the Senate had full power to deny Col. Smith the oath at this time and to refer his e to the privileges and elections committee for investigation. He insisted that many precedents upheld this power of the Senate. He referred particularly to the so-called polygamy cases on Brig- ham and Roberts which came up in the House and the loyalty cases growing out of the Civil War, which came before the Senate. The House, Senator Walsh said, is given the:same power, no more and no less, to pase upon the quallfications of its members which the Constitu- tion gives the Senate. Yet the House has decided in the polygamy cases not to swear in Brigham and Roberts. our | dentials from their State and were not subject to any of the disqualifications | mentioned in the Constitution, relating |to age, residence and citizenship. Yet | they were denied the right to be sworn in and were halted at the door of the House The loyalty cases, occurring in_the Senate itself, Senator Walsh used to further strengthen his argument. GETS SMITH'S POST | Davia M. Jackson of Chicago Heads Tllinois Commerce Commission. SPRINGFIELD, I, January 19 P)—David H. Jackson, president of | the Lincoln Park Board, Chicago, to- day was named by Gov. Len Small chairman of the Illinois Commerce Commission to succeed Frank L. Smith, who resigned to become Senator. Texan Ordered to Hospital. Col. Charles H. Hawkins, Quarter- to this city Reed Gen- has been ordered at Walter Tex., for treatment eral Hospital master Corps, at Fort Sam Houston, || It that | pass upon and be the judge of its | Thrift Trust Notes For the investor seeking a short tgrm security, provid- ing maximum safety and liberal interest, the Collateral Trust Notes of the International Bank amply fulfill these requirements. THRIFT 49 demand. NOTES 5% six to eighteen months. PAY 6% eighteen months or longer. They are secured by mortgages and other high-grade securities, which are deposited with a Trustee to INSURE payment when the Notes become due. 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RITER, 52, | SCHOOL PLEA PRESENTED. | DIES AT WALTER REED;""‘““’ Georges County Delegation | Given Assurance by Board. | ial Dispatch to The Sta . 1 | | | e ¥ S Former Assistant United States ‘_\mr\w' Attorney General Succumbs After Illness. INT Committees of | | | SR, Md e ’ fons of Mount Rainier | . | clvic 72 - Brentwood d > City and Coln Manor at | 1 meeting Board of ion of Prince Georges (‘ounty | or Marlboro yesterday pre- | petition for a high school | | through E. W. Baker of Brentwood, | acting as chairman More than 341‘ persons from the above towns, De- | catur Heights, Bladensburg, Chev Tuxedo Lanham were The petit indors of civ ations church ernal organi: Asgurane was given that wetion would be taken for' Three proposed sites for wl were offered, the Park tract, adjoining Cottage Brunk tract, on the Wash- | and the | between | Rladensburg » committees will meet this eve in the town hall at Mount | | Rainler. 1 following s several months Mr. Riter was horn in City on August 10, 1874 a sraduate of the University of Utah | of Columbia University in the of 1897, He served with Battery h Light Artillery, in the Philip the Spanish-American » returned to Utah in 188 umed the practice of law with the now thi Salt He was on of tions definite | Moyer City; the ity. Attorney serving in 15, 1924 Assi Apeil 5 apacity until he resigned ume his ctice in Washington Mr. r was a nerber of the Utah Ba Assocta i s president 1916 the ciation of the of and the American Bar a thirty-second deg |\l‘\l'4! by his widow and Virgin ton and Helen i to be taken to Salt Lake | “CLARENCE” TO BE GIVEN. | Tar- | in Bar Asso Columbia, ociatio play by Booth kington, will be presented as the Spring of the McKinley Manual} Training School, it was announced at chool to - “Clarence,” a children The b the are of rehearsals part | two ‘major roles and expected to begin the latter | this week it is stated CHARGES PUPIL BEATEN. Anne Arundel County Delegation | Complains Against Teacher. Special Dispateh to The Star NAPOLIS, Md., ging cruelty Hopkins, A bank that knows and serves Washington The FEDERAL-AMERICAN NATIONAL Resources Over 15 Millions a school teacher, a delega- tion of North Linthicum, Anne Arun del County, appeared before the Coun- ty Board of Education here today. John Baggett, jr., was dragged by the hair and beaten with two paddles and a stick until his back was blue, ac- | cording to the complaint, and a phy- sician’s name was given in substan- tiation of the charges. Several other | «1.‘11;1,-9-: have been beaten, the visitors | said. i Two Retired by Army. .l- rst Lieut. Paul D. Cas United States Infantry, recently stationed at | Fort , Tex., has been placed on the retired list of the Army on account of disability incident to the sei Warrant Officer ard Burmeister, has been retired on his own applica tion a more than 30 years' sctive service, © ENTH-O-LI COUGCH WAFERS Edmonston & Co., Inc. Exclusive Washington Agency Physical Culture Style Plus Comfort Shoes —for women, anticipate every possible demand for style, quality and value for the money. Made ‘in all the desired leathers, in many of the most fashionable models. 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You can locate The Star Branch Office in your neighborhood by the above sign, leaving the copy for your advertisement there with the as- surance that it will appear in the first available Mothers never tire telling how children thri it; how it pn:e:n end Ji.hm," e i proven guilty.” Senator Bingham sald that in this case the Senator is “treading on the delicate ground of personal opinion lon public morals,” and he added that if the Senate is-going to set itself up as an arbiter of public and private morals then it will couse to be & issue. For this service no fees are charged; only regular rates. 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