Congressional Record-Senate. January 10

986 CONGRESSIONAL RECORD-SENATE. JANUARY 10,

CHANGE OF REFERENCE. tlorf-Astoria protesting against the American-valuation plan· to the Committee on Ways and Means. ' Under clause 2 of Rule XXII, committees were discharged 3435. By lllr. 1~.PPLEBY: Petition of the Quiet Hour Club of from the consideration of the following bills, which were re Metuchen, N. J., urging the United States Government to protest ferred as follows : against the withdraw:tl of the French troops at present protect A bill (H. R. 4933) granting a pension to W ... W. Cooper; ing the Armenians ; to the Committee on Military Affairs. . Committee on Invalid Pensions discharged and referred to the 343G. By Mr. DARROW: Memorial of the Philadelphia Board Committee on Pensions. of Trade, opposing the extension of the activities of the War A bill (H. R. 9147) granting a pension to William Lehman; Finance Corporation ; to the Committee on Banldng and Cur Committee on Pensions discharged and referred to the Com rency. mittee on Invalid Pensions. 3437. By l\Ir. GALLIVAN: Petition of Tel-U-Wbere Co., of A bill (H. R. 9759) granting a pension to Mary E. Hulen ; Boston, Mass., suggesting certain cash-an-delivery postage per Committee on Pensions discharged and referred to the Com mit plans; to the Committee on the Post Office and Post Roads. mittee on Invalid Pensions. 3438. Also, petition of the E. E. Taylor Co., of Boston, Ma s. prote ting against duty of 2 cents per pound on Cuban sugaif : PUBLIC BILLS, RESOLUTIONS, Ai~D MEMORIALS. to the Committee on Ways and Means. ' 3439. By l\1r. KISSEL: Petition of the 1 Tew York State L'l.X Under clause 3 of Rule XXII, bills, resolutions, and memorials cleparbnent, relati'le to House bill 9579; to the Committee {)n were introduced and severally referred as follows: Bankin-g and Currency. By Mr. BUTLER: A bill (H. R. 9799) to continue tw'til June 3440. By 1\Ir. MAcGREGOR: Resolution ndopt-ed at a session 36, 1923, the Nav.al:t\Iilitia as a part of the Naval Reserve Force; of the cotmcil of the city {)f Buffalo, held on the 4th uay of to the Committee on Naval Affairs. _ January, 1922, relative to exce ive eoal prices; to the Com By Mr. DOWELL: A bill (H. R. 9800) to amend section 1 of mittee on InterEtate and Foreign Commerce. the act entitled "An act making appropriations for the service of the Post Office Department for the fiscal year ending June 30, 1913, and for other purposes," approved August 24, 1912, as amended; to the Committee on the Post Office and Post Ro~ds. SENATE. By Mr. HICKS: A bill (H. R. 9801) for the acquisition of certain land as a site for a na al aviation station at Gal\eston, TvE DAY, J a1 um y 10, 19~f2 . Te:x:.; to the Committee on Naval Affairs. TlH~ Chaplain Uev. J. J. 1\Iuir, D. D., offereu th following By Mr. l\IADDEN: A bill (H. R. 9802) to increase the rate prayer : for the use of market spaces on the north ide of B treet along the south front of Center Market, 1\ a hington, D . C.; to Alrujghty God, from whom orne all ble ~ in<>' an<1 direction in the Committee on the District o:f Columbia. the great a ffnirs of life, we ·would humbly r In-esent before By Mr. APPLEBY: Joint resolution (H. J. Re". 252) propo ing Thee our neads and . eek from Thee guidance to-uay and every an amendment to the Constitution of the United States; to the day, ·o that we may li.-e ace ptably before 'rhee. 'Ve pray for Committee on Election of the Pre ident, Vice President, and direction H1i" morning. G:rant unto bim who a . sumes t{}-day Representatives in Congress. gra'\"e respon ibility the wisdom that corn th from above. l\fay. By Mr. ARENTZ: Joint resolution (H. J. Re . 25.3) extending he antl aU others in connection with this honorable as ·embly tl1e time for the performance of certain acts unue1· the act {}:f find it their higlH~st plea ure to do the wm of God and serve the Congress approved Februal'y 25, 1920, entitl-ed "An act to pro Nation_accordinrrly. We ask in .Je us Christ's name. Amen. mote the mining of coal, phosphate, {}i], oil shale, ga , and The reading clerk proceed(>(} to read the Journal of ye~er-.. sodium on the public domain," and for other purposes; to the day's proceed ing ~ , when, on request of Mr. Looo:n: .and by unani Committee on the Public Lands. mous con ~ eut. tbe nuther reading wa di. p n ed 'Tith and the By l\1r. FOCHT: Joint re olution (H. J. Res. 254) amending Joumal was_.approved. ection 764 of the act entitled "An act to establish a code of law for the District of Columbia," approved March 3, 1901, as SE~ATOll J..JlO:hi PE~NSYLYANIA, amended; to the .Committee on the Di trict of Columbia. :\fr. LODGE. Mr. Pr ident, I pre e-nt t11e cred ntial of GEORGE WHABTON PEPPEil, a citizen of the , tate of ennsylvnnia, PRIVATE BlLLS AND RESOLUTIONS. appointed by the governor to Jill the existing \acan y in the Sen ate from that State. Under clause 1 of Rule XXII, private bills and resolutions The VICE PRE ID~ ~T . Tbe r d the cre- were introduced and severally refen·ed as follow : dential . By Mr. DARROW: A bill :H. R. 9803) authorizing the Presi The ~\_:;sistant ecretary read as follow. : dent to appoint Philip P. Heron to the position and rank of l:\ THF. ~-DlEl A:\D DY ~t: T JIORT1..'Y OF TtrE captain of Quartermaster Corps in the United States Army; Co ~.DIO~WEALTH oF P.E.N::s-sn,~A:IliA, to the Committee on Military Affairs. · Ea:ecuti.,;c D partment. By Mr. KINKAID: A bill (H. R. V804) granting a pension To the Prcsid nt of 1116 Benaf;(, of Ute Unit d States: to Helen M. Holt; to th Committee on Invalid Pensions. This j. to ce r tif~ tbat pm:suant to the power vested in m by the Constitution of the United State anu .tbe laws of the State of l'enn syivnnia, I, Willia m C. Sproul, tbe governo1· of aid State, do hereby appoint GEonoE WHAllTO)l PEPPEu · a '~nator from said tate, to l'epre PETITIONS, ETC. sent said tate in the Senate of tbe Unit~d tates until the vacancy therein, caused by til€ death of tbe Hon. Boms PENROSE, is :filled by eJec Umler clau e 1 of Rule XXII, petitions and papers \Vere laid tion, as provided by Jaw. on the Clerk's desk and referred as follows: Witness: His excellency our governor, and our eal hereto a1Iixru a.t Harri burg, this ()tb day of January, in the ye:u: of om· Lord 192:l. .3431. By the SPEAKER (by request) : Copy of a r esolution [SEAL.] W' M. C. , PROUL, GOVCI"IIOr. adopted by the members and friends of the Kenwood Methodist Hy tbe governor : Episcopal Church, of Milwaukee, Wis., urging that nothing be BER)lAUD J. ::Un:ns, clone to weaken the eighteenth amendment-the Volstead Act, Secretaru of the Comm{)m.c alth. as strengthened by. the Willis-Campbell Act-and that full meas The VICE PRESIDE..~T. The y Senator.. 1922. CONGR.ESSIONAL RECORD--SENATE. 987

PETITro_-s AND MEMORLlLS. bringing hardship and, indeed, actual want upon a certain class l\Ir. LADD presented a re olution adopted by the Alfalfa of employees, and I know that Congres · will not undertake to do Grange, of Grand new, Idaho, favoring the enactment of Senate such a thing. I feel like saying to the employees that if they bill ~604, the so-called Ladd honest money bill, which was re desire to join a Federal union they may .do so and pay their ferred to the Committee on Banking and Currency. money to the said union, but it is not going to influence Congress He also pre ented a resolution adopted at a meeting of Royal one iota as to the bonus or any othet· legislation. Arch 1\Iasons of the fifth Masonic district of North Dakota, held This statement will be an an ·wer to the many, many letters at Li::;bon, X Dak., January 3, 1922. favoring the enactment of that I have received from yariou Government employee~. legislation creating a department of education, which wa re There is no necessity for the drh·e, there is no necessity for the fernid to the 'ommittee on Education and Labor. employees being disturbed over the matter, and I am quite sure He also pre ented 12 petitions of sundry citizens of Hampden, when I say this that I voice the sentiment of both the House and Edmore, Loma, Galesburg, Hope, Hunter, Driscoll, Steele, Rock the Senate. lal{e, W'heelock, Carpio, Fessenden, Merricourt, Tioga, Kintyre, l\Ir. KING. Mr. President-- l\larion, anitra emt)loyees that it is not necessary for them to join any union tion, and immediate public es. ions of the councils sent Jugo-Slav exchange tumbling, held up an important loan. and forced the Jugo with the thought that by so doing they are going to change any Slav Government to withdraw its tl"Oops behind the ft·ontier. action of Congress in relation to the bonus. I have no idea that Finally the three-cornered Tacha-Arica dispute waR argued at length Congress is going to take $240 off of the pay of the employees of In public session on demand of Bolivia, and although the r<>sults were not conclusive it is interesting to note that Chill' has sincP initiated the Gowrnment if th(> reclnssificatio bill is not enacted into direct negotiations with Peru on the question and has definit<'ly pro law uy July 1, 1922. Iu some cases it could not be done without posed a plebiscite. CONGRESSIONAL !R.EOORD- SENATE. JANUARY 10 988 '

Rl'l 10\I~G CAUSES OF WAR. S-UMMARY. ·But the mere settlement of disputes already arisen is not sufficient , · IJ?- the past two years, then, it may safely be said that the League o! guaranty of peace, for if disputes are allowed to develop until they Nabon.s has built up a flexible structure for international cooperation; beeome critical, the time is certain •to come when one amongst them · ill 'haS S?lved -several !'erious contlicts between nations and establishetl the get out Df thand and the world's peace be again ruptured. Consequently, machmery for solvmg others that may arise ; ·has begun the creation: •of an even more constructive work has been undertaken, first in .setting · a 'n~w kind of international law; has advanced certain highly humani about removin"' as many general causes of difficulty as possible, and, tal'Ian projects ; has p-rovided a broad forum for international confer second, in provYding a permanent machinery to be ready at all times. en~ whether on general or technical questiDns; and demonstrated that nations can .cooperate witkout losing tbeir overeignty, without using ASSEMBLY. force, and w1th mutual advantage to a.ll. The crown of tbat wol'k is the assembly, where representatives uf the 51 league members come together automatically on tbe first Monday Members ot the League of NOrtions-51 flaUona. in every September to discuss any question whiCh any nation wishes , NAME AND POPUirATIO~ OF NaTION. to bring up as affecting the pea.ce or well-being of the 'world: Through ' its two sessions at Geneva the assembly :has become a well-oiletl, Albania------850,000 smooth-running forum, without power of compulsion but with great Argentina------8,533,332 moral authority. 1 COUNCIL. !~g;~ ~-==:==:======:======g:i~~:5&~ Belgium ------7,£00, 000 The council, consisting of representatives .o.f Great Btitain, ..Franee, ltaJy, and Japan permanently and of Belgium, 'Brazil, Spain, and China temporarily, will hold its sixteenth meeting -at Geneva to-day (January 10). It is a small, inf;>rmal body charged with the general direction §:~=~~~~~~~~~~~=~~~~~~~~~~~~~~~~~~~~~~~ a~Jii~ iti of the league and .al:Jle in emei·gencies .to meet on a week's notice. .It was just some such body as this that Sir 'Edward Grey failed to find g~ea -====::::::::::::::::::=:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: 4ot: ~88: . g&g when the :Austrian crisis of '1914 IJlrecipitated the World War. Colombia ------5, 847, 000 SECRETARIAT. Costa Rica------460,000 The third central body is the secretariat, an international civil ~:hoSJovai~======:::::::::::::::::::::::::::::::::::::::::::::::: 12,soo,ooo service ·or about 250 -peo_ple and over 30 nationalities, charged with 'Denma-rk______§: 8l&:ggg carrying on all tbe daily ork of the league, serving as an interna ·Esthonia ------1,800,. 000 tional center of experts ·named ior fieir .knowledge rather than th~ir Finland------3, 300, 000 pOlitics, and specifically entrusted with the -puhlicatfon of all treaties France ------36, ·700, ·eoo registered by league members, some 250 of which have .already been Greece ------5, 000,!000 received. COURT. Next is the permanent court of international justice, a court of ·Jaw .Hollandii~fif~~~~~======(The Nethei'lands) ------•6;840,~:888;888·000 basing its judgments not on diplomatic adjustment but on legal prin Honduras------~ ------55a,4~6 ciple, and entrusted, with the council, in making effective the covenant's India ------:U9, 07;}, 132 fundamental principle -that no nation shall ~o to war wifuout arbitra Italy------~o. ooo,ooo tion or conciliation. Here the •league •has achieved its greatest single :Japan (Empire) ------77, 005, 112 triumph, for .as against the failure of The .Hague .and other canfer Latvia------1, 504,000 e:r:ces it has succeedetl in creating ·a court of '11 judges and 4 deputy LithuaniaLiberia ------______. _ _:_•______2, ooo,000, ,ooo000 judge-s, which will hold its first meeting on January 30. This court is of peculiar interest to .America because Elihu Root b lped draft its Luxemburg------~-----~------260,000 statute and .John Ba sett Moore sits as .one of its judge . New Zealand ------1, 218,.270 Nicaragua ------600, 000 TECHNICAL ORGAXIZ.ATIONS. ~orway ------2,700,000 Beyond the e bodies are the technical organizations. so called be Panama (with Canal Zone)------426,'879 cause dealing in technical questions.a.s distinct from political and diplo ·Paragu-ey ------1, 000, 000 matic. 'Most hi"hly developed is that on fre-edom: of communications Pe1:sia ------1D, 000, 000 and transit, ''~'hlch has already held an international meeting of 40 'Peru------3, n30,000 nations at Barcelona and worked out •draft treaties aiming to a sure a 'Poland ------24,.000, 000 readier 1l.ow of trade between nations ·bY removing certain o'f the un 'PoTtu~ ------6,000,000 necessary war barriers. Next is that on finance and economics, which Rumania ------17, 4.00, 000 directed the Bl·ru els financial conference of ·Some .35 nations, including Salvador------~------1,300,000 tbe United , tates and Germany, ·worked out the ·details ot the so-called _S~-rb-ClToat- lovene (:Jugoslavia)------11, 400, 000 Ter :Muelen saheme, and laid down a complete ·p.ro.gram for the recon S1am ----~------S, 900,.000 struction of Austria, which only awaits the release of liens by the l"nited States to be put into operation. Finally is he ·health ,organiza ~~ -~r!:~_::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::==::::::::::::::::::==::::::::::::::: 2%; ggg: ggg tion for coordinating the activities ·of •the ·various 'Ilations for the pre -sweden ------5, ·88.1, 000 vention of -world epidemics~.-as shown in •the work all"eally undertaken in Sw1~erland ------3,860, 000 h<•lping relieTe typhus in l:'olanil ·by mean of about a million dollars United Kingdom (England, I'Teland, Scotland, Wales)____ 47, 157, 74.9 t"ontributed by the member of the league, and in th • pre~IUlt confer Uruguay ------1,400,000 ence at London. which America ·is ofliciaUy attending, for the interna- Venezuela ------2, 4 , 000 tional standardization of antitoxic sera. · Nonmcm1Je7'8 •of tlie League of Nation ~1!J 'wtions. HtJ:t.iANITA.RIA::-J ACTIVITIES. XAl\IE AXD POPULATlON OF' • "A TlOl\'. Certain ·humanitarian tasks were also int.ru ted to th league in the Arm nian Republic (membership application pending)___ 7 , 000, 000 peace treatie . First is the oversight of the mandated territories con Azerbaijan (membership application pending)______5, 00 , 000 taining about 1.3,00D,OOO backward peoples. Though. the United States IHedjaz (membership application ;pending)------750, 000 . everal times delayed this work by protes~s on pomt , of detail, the Iceland (membership application 'Pending)------!13, 000 ·mandates or former German Southwest Afnca and the former German Liechtenstein (membership application pending) _____ ,:___ 10, 716 llacific islands were confirmd a year ago: the Japanese and the Austra Monaco (membership application pending)------22 !)56 lian Governments have already ·sent in the required annual reports; and ·San Marino (membership application pending)------1~: • 000 the permanent mandates commis ion, composed •of eolonial expe:cts, · Ukrainia (membership application pending)------46,·000, 000 begun its ·work of oversight. · Georgia (member league's technical organizations)------~. JOO, 000 At the arne tjme rthe Saar Valley, a •vital coal area of about 62.5,000 Abyssinia------s,oon,ooo people between Germany and France, has been administered for ov:er .a . ~ndorraDominican ------Republic ____ .. ______1, 000,~.231 000 year 'by a league comD?ission composed ·of a French,. .Belgian, ~ Danis.!J, . Ecuador ______: ______1,300 000 Canadian, and Saarlomsian member; anti tbe free c1ty of ..Danzig has ~en enabled to work •out its difficult ·relationships with Germany ana Gm.·man Republic ------60, 000, 000 Poland through the protection of the league. Similarly, some dozen Hungary ------7,'841. 000 treaties haTe been signed with nearly all the nations of eastern Europe Mexico ------16,•00 , 000 and the Balkans promising certain minimum rights to their racial, relig Russia ------136, 000, 000 ious or linguistic minorities .and recognizing the league as the agency ' Turkey------'8,000,000 ot interpTetation or appeal. , United States (Con.tinental) ------105, 710,•620 So also, two important prewar social projects haTe been taken over: 1 by the league. As regards the suppression of the _traffic in opium, the • The VICE BRESIDE1\TT. JUorning busine s js clo eel. xpert advisory committee has begun its work, and the council and tthe I AMENDMENT OF MICHIGAN SENA'IORI.A.I, ELEC'J:ION. Moreo,er, certain pecific humanitarian emergencies :bave been met. ' Under direction of Dr. Nansen over 400,000 prisoners of war, man:v of 1 The Senate resumed the consideration of Senate resolution whom had been in exile for five and six years, 'have been returned to ~12, submitted by .Mr. SPENCER November 15, 1921, ·declaring their homes. .The plight of tbe 800,000 .RllSBian refugees sgueezed out mruman H. Ne\·vberry to be a duly elected. Senator from the of Russia into the neighboring States and that of unnUmbered thou- 1 "ands of .Armenian women and children dragged off into TuTkish harems : State or' MiChigan. arc> lowl.r bein~ ameliorated through the league. i The VICE PRESIDENT. The .pen.Uinoo que tiou will be TOWARD REDUCTION OF ARMAM:J!!:-iTS. -stated. Wllere the lengue has achieved least success is in reduction of arma .The AssmTA..~ SECRETARY. The amenntf;. Progr<> s ha been impossible in .naval questions berouse of America's absenee, and delayed in •military 'Dla.tters by .Europe's runstable ·Senator from Montana [Mr. WALSH], in the nature rof a ubsti political ·ituation. NcwTtheless certain preparatory work luis been tt"ute, rdenymg tthe right of Truman iEI. :rewberry "to .a. eat in the effected; the question of budgetary •limitation ·and statistical in.forma- 1 tion stuuietl; nnu two corollary pTojects, the -suppression •of the tramc l enat~. in arms antl munition. to backward ·countries -and 'the Clonir

Mr. BORAH. I yield to the Senator from Alabama. the business- man's committee; but the suggestion with :ref 1\Tr. HEFLIN. l\Iay I inquire what time I haTe left out of my erence to the committee and the kind of committee first eame hou.r? from Mr. Newberry, and also that 1Ur. Templeton shoutd have The VICE PRESIDENT. The Se-nator has 11 n.Unutes. charge of the committee or "to have a business man's com 1\fr. HEFLIN. Thank you. mittee," as he puts it in his testimony. He said that if that Mr. BORAH. Mr. President, if this controversy involved was the extent of it, he had no objeet.ion. That seems to close alone the question of Mr. Newbeny occupying a seat in this the transaction and Mr. Templeton became chairman. Chamber for the next four years, I should content myself with. This conversation between Mr. Templeton and Mr. Newberry my vote and not trespass upon the time of the Senate in the took place prior to the time, as I read the record, that any further di cussion. But it is the precedent that is about to be body else had suggested 1\lr. TemQleten as chairman ; prior to established which concerns me much more than the othe"l' propo the time that anybody else had suggested to Mr. Newberry that sition, important as that may be. A somewhat careful study Mr. Templeton should be the chairman or be the head of the of t-he law and an investigation of the facts in this contro business man's committee. So far as we have the origin of ver y lead me to the following conclusions, which I shall this organization and the committee, it originated in the co.n briefly undertake to sustain. versation between Mr. Templeton and l\1r. :Newberry in New First. That the primary is a part of the election process, a.nd York, and then. and there Mr. Templeton acceQted the position that the improper use of money in the primary has the same which Mr. Newberry wished Ilim to have. e:t'fect in invalidating the election as the u.se of money in the Templeton said that this was weeks befot·e tile interview, election proper. UQon which so much stress has been laid, whicft took place in Second. That the amount expended fii the 1\lichigan election the Statler Hotel between Mr. Cody, Mr. King, and Mr. Temple was such as to lead to the conclusion that it was intended to ton. At this interview in the Staiier Hotel in Detroit there aneT did corruptly affect the result of the primary election. was a conYersation which .has been construed, as I understand, 'l'hird. That no man can be the beneficiary of a corrupt elee to have been the beginning or the initiation of the organization tion when such corruption was- had in his behalf, whether he of the CQmmittee ; but Mr. Tem-pleton advises us that his con personally participated in the corrupt methods or not. versation with Mr. Newberry was long. prior to the time that Fourth. Tliat the committee· which expended this money was he had the- conversation in the Statler Hotel with Mr. King Mr. Newberry's committee. If not actually selected by him, and Mr. Cody. it was accepted by J.:lim, and he cooperated with it. Therefore, Now, who was it that suggested the chairmanship of the com the committee's acts became his acts. mittee and the kind of a committee that should be organized 1 Fifth. That Mr. Newberl'J. had sucfl. knowledge of the ex It did not originate with the business men of Detroit ; it was penditure of the money and the doings of the committee and not initiated at home; it wa initiate-d in New York, suggested the methods of expenditure as to- charge him with responsibility there, an(] concluded there. Does- anyone suppose that 1\Ir. for whatever the committee did. Templeton would have been the chairman of the. committee if Sixth. That the State statute was repeatedly violated. he had not been solicited by Mr. Newberry? Does anyone sup Seventh. That the Federal statute, not as yet deelared un pose that Mr. Templeton would have taken a part in the cam constitutional, was- violated; paign at all hnd it not been at tl1e request and upon the express. Eighth. That the election being tainted with carruption and desire and wish of l\!r. Newberry? In other woTds, whose controlled through the use of money is· \Oid, and the seat occu chairman wus he? Who solicited· him? Who made him the pied by the sitting Member should be declared vacant. head of the committee! ln whose mind did the thought origir Mr. President, no one justifies thee amount of money which nate? Wha conceived the idea, of a; business man's· committee was expended in the Michigan senatorial primacy election. It and the chairmanship of it? The sitting member himself. as has been condemned alike by those supporting 1\fr. Newberry's he prac-tically admitted in his tatement upon yestelida~r ' contention and by those who are opposed to it. The Commit Now, I undertake to say, l\Ir. President, that both in morals tee on Priviieges and· Elections in its majority report condemns and in law l\11:. Newbeny was responsible for Mr~ Templeton"s the amount expended ; the minority of the committee also con acts after that com-er~ tion; neither in morals DOl' in l-aw could demns it; and, so far as I have been able to listen to or to read he eYer release him elf, unle s he did so b.y an open repudia the remarks of the different Senators speaking upon the subject, tion. In other words, whatever l\fr. Templeton did as- the it has been condemned by all. Not only the amount expended chnir:man or the head of the- committee, or tfiat the committee has been condemned but it seems to me that the manner of the did under the leadership of JUr. Templeton, was the act o:£ M:r. expenditure has not been successful1y defended. · Newberr~ f~·om that time on, re~ardless of whethe1· we appeal The question then seems to turn upon the relationship of Mr. to the prmClples of morals, of eth1cs, or clean politic or of Jaw. Newberry to his committee and his knowledge of what trans I may giYe an illustl'ation.. Jfr. President, which it seems to pired during the campaign. I might contend, and I think suc-- me would be applicable at this time: Suppose that there had cessfully under the law, that if the el-ection were aetually eor been in contemplation some offense to be committed in the rupted no one could be the beneficiary of that electron, espe State of Michigan,~ anll that some particular individual, 1\ir. cially no one in whose behalf the corruption took place. That .Jones,. had been intere ted in the commission of the act, and the has been the law in some countrie , particularly in England, for man who was at the h~ad of the organization in cousummatin<>' many decades, and I be-lieve is the law to which we shall ulti that offense should haYe ·been found to be in conversation with mately have to come if we are to protect the purity of elections Mr. Jones in Kew York prior to that time, arranging fm·. the in this country. It is not necessary, however, us I Yiew it in criminal act, would he not be held responsible not only in mb-t"als this controversy, to go to th-at extent. but in criminal law unless he the.reafter disclosed an utter I want to take up first the question of whose committee it repudiation? Would the mere fact th.at Mr. Jones was out of wa that did the things which no one now defends and what the State when fhe crime was committed release hlm of respon relationship did 1\fr. Newberry bear to that committee. sibility? After he set his agent in motion could he escape by 'l'he chairman of that committee was Mr. Templeton, long a being phys.ically absent? Oh, no; he would be just a guilty business associate, acquaintance, and friend of Mr. Newberry. as if he had gone to Michigan and physically participa.te

~Ir. .ALFRED LccKIXG. Somebody pr<>posed that you should be the manager of this campaign. Who was it? talked with "its member", in the first in. tance until the returns Mr. Kn:o . .As I said, :Yr. Scott was one. Mr. Fred Cody was an came in from the primary. 'Vill Senators 'undertake to say other. Mr. Allan Templeton was another. tha~ ~ou ca?- hold your relationship to men through a campaign, They were the gentlemen with whom Mr. Newberry had adVI.smg With them, counseling with them, receiving reports talked some weeks before. from them, and then repudiate the fact that they were your TJ1en, from page 467 of the record, I quote the following: committee when the campaign is over? Neither in law nor in Mr . .ALFRED LuCKIXG. ody made arrangements for you to go to New morals, in decency nor in ethics, could any such proposition York to meet Newberry, djd he not? ever be sustained. It is for that rea ·on that I said in the Mr. Knw. I think not. beginning of my rem:rrks that I am vastly more concerned with Mr. ALFRED LUCKI~G. Who did? Mr. KING. It seems to me it was Commander Newberry. the precedent which is being established in this case than I am In other words, not until l\1r. Paul King had gone to New with who shall occupy this seat for the next four years. The York and had a conversation with :Mr. Newberry, in "-hich they question of the mere holding of the seat is a single question, talked over the campaign and the probable amount of expendi but such a precedent as will be establisheu by the succes · of tures, did he stand in the relationship of manager of Mr. New this defense will work evil so long as it stands, put a premium upon corruption, and menace the whole fabric of representative berry's campaign. ~ow, what difference does it make whether Mr. King's name was first suggested by Mr. Cody or by Mr. government. Templeton? The fact is the uggestlon did not ripen into the If the contention be sustained here tbat you may have a managership until l\lr. Newberry and Mr. King met and con committee in the field tacitly accepted by you, operating under versed in the city of New York. Thus we see ·the two parties your direction and control, or advising with you and making who were the bead of the organization, including the man who reports, and nevertheless anything that this committee ortnnce in much knowledge l\lr. Newberry llad as to what was actually this matter, and that is l\ir. Smith. We have first the chairman ~ngoo. - second the manager, third the secretary and trea urer, anf this money is not to be visited upon the seat the exp~diture of money. That is denied. itself, and the question of its purity or impurity thereby deter In the brief of the attorner- for l\Ir. Newberry it is stu.ted: mined. From that time on Commander Newberry was kept advised of tbe I call attention, now, Mr. President, to another form of knowl progre s, development, and general nature of this campaign. This has never been denied, has never been a secret. He admittedly had nothing edge. This expenditure of money had reached such a climax to (}{) with the active man-agement or the giving of orders. lie fre and to such a point in the S1;.;'lte of Michigan that it was not quently made suggestions, and conferences ~n questions of policy were only discus ~ ed by the newspapers, not only declared to be an not unusuaL That be knew anything as to the detail of what wa.s going on can not be successfully claimed by anyone, but that be was issue in the campaign in the State of Michigan~ but it epread kept .advised in general of the nature and character or this campaign out O\er the adjoining States of the Union, and became u. mat there is no doubt. * • • The campaign- ter of national notoriety and a scandal throughout the country. Says the .attorney- l\lr. EDGE. :Mr. President-- was undoubtedly the most pretentious, the most thoroughly planned, The PRESIDIKG OFFICER. Does the Senator from Idaho the most far-reaching, and the best organized that had ever been yield to the Senator from New Jersey'? staged in any community. 1\Ir. BORAH. I yield. · Of wliich Mr. Kewberry had full knowledge at all times, 1\.Ir. EDGE. If Senator Newbeny did have knowledge of the except, it is said, as to the expenditure of the money. expenditm·e of this large su.m, which in a general way he cer The Senator from Indiana (Mr. W A.Tso_~], who listened to the tainly did, by his own ach."llowledgment, and if this money was testimony before the committee, and one of the members of expended entirely within the law, as stipulated and analyzed the committee, said: in the sworn report filed, would that make Senator Newberry Of course, Mr. Newberry fully understood the situation. Tbe only guilty of any crime, even if he had known of it? denial that be makes at all is in reference to the financial knowledge. 1\Ir. BORAH. ryo; but I am coming to that in a few mo Mr. Newberry knew _precisely what was going on. ments. Of course, I ean cover only one point at a time. Re So we h.a ve, to start with, the pl"oposition tha.t Mr. Kewberry plying briefly to the Senator, I contend that the evidence is was fully informed of all concerning the campaign except the ample that this money was not expended within the law. But que tion of the actual expenditure of money. That is a contro I want to ay another thing before I conclude on that proposi verted question here; but bow, I ask as .a practical proposition, tion, that my conception of th-e law with reference to the purity could Mr. Newberry have his committee, with \Yhicll he was of eleetions would lead me to vote this seat vacant if there were cooperating, and bave full knowledge of everything that was no statute upon the statute books of the State of Michigan, going on, .and not include the knowledge with reference to the or Federal statute, either. I am arguing it from the Senator's expenditure of m.oney? The other knowledge which it is con standple mind would ay that it has I do not contend that l\1r. Newberry, for instance. knew, per controlled or affected the election, that of itself iJ sufficient to haps, that John Doe was. paid $50 for this serviee, or that invalidate the election, regardless of whether there has been another man was paid $100 for that' service, or that this or any statute passed or not. I will come to that a little later, that newspaper was paid for this or that particular matter. but I am now discussing it from the standpoint of the Senator. That is a subject about which there can be a legitimate dif Mr. Newbe1·ry did have knowledge, which was his 1.."'1lowledge, ference of opinion, and I am perfectly willing to give 1\fr. New because his agent, with his written authority in his hand, was berry the benefit of the doubt, because I apprehend that in all ch~cking out of Truman H. N-ewberry's account, and in law and probability he did not know the details ; but that he knew that in morals that wa~ his knowledge. l\Iind you, it is not the · the money was being expended in this h·emendons amount, knowledge of 1\fr. Smith as an agent alone that he was check that he knew in a general way the purposes for which it was ing money out of Jolm Newberry's account, and then, when it being expended, that he was kept thoroughly informed by his ran down, checking it out of Truman's into John's account, committee as to all the facts, is an uncontro-verted and an indis but that was Truman Newberey hlmself, because the man held putable proposition in this controversy. his power -of attorney.. and in law and in morals he is bound by Let us go a little further. th-e act, just the arne u.s if Mr. Smith had said to him over the On July 28, prior to the election, having this ,generhl knowl 'phone, "I am checking out of you.r account."· edge of what was going on, and being in daily touch with his It seems to me we would not dare to lay down the rule in campaign committee, 1\fr. Newberry makes complaint as to the Senate that a man may give a power of · attorney to check the expenditures. He wanted to know when these expendi against his account u.nd then not be held responsible for what ture of this large amolmt of money were going to cease. He that man does in the· way of filling the coffers for the purpose knew in the beginning it was $50,000 and of that he ma poll on election 'day; that there were five precincts iu the city; it to be abortive. he bad put men in each of the four pt·ecinct , but none in the other. Again he said in a later

to tllat attrilJute her fall. But I >enture to say that we have and when the roll is finall~ called and your nftme goe:o; down tr~n · el e d further over the road of money in politics in 100 years in that column as voting to make barter of ballots in tlle Com than Rome traveled in 500 years. And with this shameless monwealths of this· Union, to approve ti1e sale of seu ts in this debauch before us, with the precedent established· for which body, there are going to be more that wilt go a s the ~upporters Senators here contend, who can feel other than discouraged of Lorimer went-and God speed tlle day! . with the outlook? There is, it seems, only one hope and that is No man has a right to sit here who will >ote to .~ eat a man to take our appeal from this tribunal to the open forum where who acknowledges theY.: have expended $200,000 and more in 'Ye mu ·t look for the final judgment on all such matters, and his behalf. Can he say that because he did not know about the \Yhicll judgment, I shall not doubt, will be both righteous and detail· that should excuse him? Suppose I \vere to et a big drastic. - steel trap across a much-used pathway and I were to go a Mr. HEFLIN. ~[r. President, I have 11 minutes left of the thousand miles away and a little boy were to come along that hour upon· which I started yesterday. The Washington Post way and that h·ap snapped and cut his foot off at the ankle, of this morning in an article upon the . Newberry case said: would they convict me for doing it? Certainly they would. Barrio ~ the a ccident of unexpected absen.teeism, the margin of votes The same principle applies here. They ,.,·ould hold me responsi in his [Newberry's] support is adequate. ble and convict me although I might be a thousand miles away, I wonder how the Wa ·hington Post learned that 1\Ir. Kew ~ecause I knew that it would do just sucll a thing when I put berry is to be seated? I ha>e asked the question before and I tl1e trap in orde!· What did Mr. Newberry do, according to · now ask it again. Is it a part of the administration program the speech of the Senator from Idaho [Mr. BoRAH]? He set to seat him? Is that why the S8Cial lobby has been so active? the trap ; he put Templeton in charge of the machinery; he Is that why Senator· can not attend a reception unless v ealthy pas ed on Blair; he selected, King; he fixed the trap, and women of the East besiege them and ask them to support ~Ir. it caught the Yoters of Michigan, costing him $2 a head to do Newberry? Is that why, when the report was made by th~ it. He got the nomination ; he got the game; he got it wrong committee, a poll was had of Members on the other side before fully, immorally, corruptly, unlawfully. Are Senators going the report had been read or the testimony read by sworn Sen to vote to seat him? God help them to >ote to the contrary. ators who are to pass judgment upon this case? How is it The PRESIDING OFFICER. The question is on the resolu that this Washington Post man can say that a majority of tion offered by the Senator from Montana [l\Ir. "~ ALSH] as -votes will be marshaled for Mr. Newberry? a substitute for the resolution submitted by the Senator from In that same article in the Post, it is said that no argument Missouri [Mr. SPENCER]. has been made here that large sums of money were expended l\Ir. HARRISON. Mr. Pre ~ ident, I suggest the ab ence of a for Mr. Newberry in Michigan. That is not true. The record quorum. in this case teems with statements that money galore was The PRESIDING OFFICER. The Senator from Mississippi expended in Michigan for 1\Ir. Newberry. Mr. Newberry's own suggests the absence of a quorum. The Secretary will call the brother, his partner in business, testified that he had put up roll. thousands and thousands of dollars that were expended in The reading clerk called the roll, and the following Senators Michigan. 1\Ir. Newberry's brothers-in-law, two of them, spent answ~red to their names: thousands and thousands of dollars in l\Iichigan. Yet the Wash Ashurst France Mo es Shields ington Post would have the country: believe that no argument Ball Glass Myers Shortridge Brandegee Hale Nelson Simmons has been made here that vast sums of money have been ex Broussard Harreld New Smith pended: in :Mr. Newberry's behalf in Michigan. Bursum Harris Nicholson Smoot l\!r. President, if it is the program of the othe.r side or of Capper Harrison Norbeck Spencer Caraway Heflin Norris Sterling the administration to seat 1\fr. Newberry we would like to Colt Jones, N. Me:t. Oddie Sutherland know it. I wonder if $200,000 and more i'3 to be accepted as Culberson Jones, Wash. Overman Swanson the amount proper to expend to secure a seat in this body? Oh, Curtis Keyes Owen Townsend Dial King Page Trammell l\Ir. President, I would that every Senator here could have Dillingham Ladd Pepper Wadsworth heard the speech of the able Senator from Idaho [1\fr. BoRAH]. duPont La. Follette Phipps Walsh, Mass. It had the right ring about it. It was a masterful appeal in Edge Lodge Pittman Walsh, Mont. Elkins McKellar Pomerene Warren favor of clean and honest politics in the selection of United Ernst McKinley Ransdell W~ller States Senators. It was pure, old time, 100 per cent Ameri Fernald McLean Robinson W1llis canism. There was not any influence from Wall Street that could Fletcher McNary Sheppard be used to prevent that speech nor was there any influence · l\1r. HARRIS. I desire to announce that my co1league [Mr. from the White House that could influence the man who made 'VATSON of Georgia] is absent on official busines ·. that speech to -vote for l\Ir. Kewberry. That speech is in keep The PRESIDING OFFICER (1.\fr. SHORTRIDGE in the chair). ing with the highest and best interests of the American Re SeYenty-one Senators having answered to their names, a quorum public. I do not see how any Senator here can read that speech is present. and then vote to seat l\Ir. Kewberry. Mr. W .A.LSH of Montana. 1\Ir. President, before proceeding ~lr. President, during the whole trial of the Newberry case we to the consideration of some of the more serious features of the ha,·c not had an a>erage of 12 Republican Senators present in matter now pending, I -desire briefly to advert to that a pect the Chambel'. It is a shame, a burning shame. of it with which the senior Senator from 1\lichigan [Mr. TowN The Republican Party has 24 majority in this body, and Sena SEND] opened his defense of his colleague, namely, the high tor.· are sworn to pass upon this case, not for themselves per patriotism of the latter. The junior Senator from Michigan sonally but for the American people, whose Senate this is and [1\Ir. Kewberry], we are told, sened in the Spanish-American whose Government this i. . Yet they are out and about, but not 'Var; he tendered to the Government his seni ces on the break here. They will not stay here and hear the testimony read ing out of the World ·war, in which he had a creditable part; and the argument · made. The Washington Post says that his t'Yo sons bra>ed its perils; and ...-icariously, through his son some of us repeat points we have made before. That is the in-law, who was decorated for distinguished ser>ices by one or only v.·ay we will ever get some of these Senators to hear them. more Governments, the junior Senator from l\Iicl1igan further They will not read the testimony ; they will not stay here and earned the gratitude of his country. li ·ten to it when it is read in the Chamber, and so we have Mr. President, so far as I know, none of those of us who feel to reiterate these things in order to reach some of them at all. impelled to assert that the junior Senator from Michigan is not I do not expect to reach all of them. entitled to his seat in this body has any disposition whate>er I understand some of them have already said to-day, " Why, · to question his patriotism. We all belie>e that he is no le s of com·se I am going to Yote to seat him." Are you, Senators? and no more patriotic than the millions of Americans who, The Senator from Idaho told you how expenditures in sena when the life of the Nation was threatened, eagerly sought ami torial contests had progressed from $15,000 years ago, con gladly embraced any opportunity that presented itself to aid demned by Senator Frye, of Maine, then to $110,000 'later, in preserving it. Many of those who came forward in that and now you come and tell us that the majority on your side time of crisis, unlike the junior Senator from Michigan, sur of the Chamber are going to the country with a vote approving rendered lucratiye positions or quit their busines at large an expenditure of $200,000 and more in one senatorial primary. financial loss, while still others left behind them needy families. As I said here once before, that amount of money will pay I have no doubt that the junior Senator from Michigan is the salary for one year of 26 United States Senators. I will entitled to credit for other -virtues than patriotism. I make no not believe that a majority of Senators will vote to seat Mr. doubt at all that he is a good father and a good husband. I Newberry until I see it. doubt not that he is mo-ved by tales of want and distress as I have reminded Senators before, and I remind them again, ate most men, and that he is a generous giver to deserving that the men who voted to seat Lorimer are all gone but six, charities. All these things, howe•er, ha>e nothing at all to d() LXII--63 994 CONGRESS! ON AL RECORD-SENATE. JANUARY 10,

with the questlon as to whether or not he bought his seat in views .upon the subject. It was contFoverted, however, by. the thi body or whether others bought it for him. follo.wrng Senato~·s in speeches upon this floor: Bristow, Borah, However, 1\Ir. President, seeing. that such prominenee is given Kenyon, O'Gorman, Cummins-, Lea, Sutheri:;md, and Poindex to the high character of the services- rendered by Lieut. Com ter. I state the proposition as it is set :forth in the- reports of mander Newberry in the Navy during the World War, it may the majority and the minority of the Committee on Privileges not be altogether inappropriate, inasmuch as all this is outside and: Elections in the oonsideration of tllat case. . of the record, to say, also outside of -the record, that the onlY. This is from the majority report, n1ade by Senator Heyburn: scandal Navy that occurred in connection with the during the It seems from this consideration of the question we must conclude World War arose in the office of which the junior Senator that tJie direct · primary proceedings can not be held to affect tbe from Wchigan was. the head. I do nO:t desire to have it under validity of an election by the legislature. stood that that scandal. touched Lleut. Commander Newberry That was his contention. The minority answered that as even by the remotest suspicion ; nob.ody, suggests anything of follows: · the kind;- but the fact remains that a report is on :file in the The power to inquire into the practices and methods employed in Navy Department in which he is mildly censured for not hav the primary election· is- questioned. The majority in. this case find that ing exercised a keener supervision over his subordillates who we lill.ve this power, and with that conclusion we agree. In this we were guilty. . are tully sustained by principle and .[Urecedent. It appears by the rec.ord that several candidates f.or the legisla It is likewise not at all without significance that some at least ture announced during their candidacy that, if elected", they would of the rich men's sons who corruptly. obtained promotions or vote for the candidate for Senator receivint7 the highest vote at the were assigned to desirable details were. introduced at the per p:timary. I.f the primary choice- was seCUl'ea, b:y~ corrupt metho-ds and practices would not the. vote in the legisla.tnre secured thereby be cor sonnel office by Mr. Fred D. Cody, whose pernicious activities rupt, however innocent the member casting it? Several members of in the Newberry senatorial campaign have been the subject of the legislature amwunced: when they voted for Stephenson that they some comment in this debate. did S<> solely because h~ was the primary choice. If the primary was carried by corrupt methods and practices these votes were corrupt, But, Mr. President, let us take up something serious. Vari though honestly cast, and ii the Senate can not inquire into such cor ous lines of argument have been advanced not on the floor, rupt methods and practices, then the power given to us to judge of where they can be met, but circulated around the corridors and elections: of our Members is a mere shadow. That we have this power is in accord not only with reason and justice, but is s11stained by in the cloakrooms and other places where Senators meet, the precedent. purpose being to accord to those who would like to vote for the junior Senator from Michigan upon personal or other grounds There was a. separ~te minority report in that case, concurred some basis upon wme:b they may found their action. So it is ill by two of the Senators who joine€1 i:n the majority report. said that it is a matter of no consequence, that all of the illegal Senators Po:M:ERE.."l"E and Sutherland, who did not subscribe to acts charged to have taken place in the Miehigan senatorial the proposition set iorth in the majority teport to which I contest transpired in the campaign for the nomination and at have adverted. They said: the primaries and before the primaries; that the election itself It will be conceded: that while the result of a pr:i:mary eleetion n.ndcrr the pl'esent constitutional provisions could not cQDtrol the State sena was entirely free from any suspicion of illegality, and the argu tors and representatives in their choice of a United States Senator, ment is made that whatever irregularities, whatever violation's would not an expression: o:t the will of the people at a p.rimaey election of law occurred at the primaries, whatever con~uption may have have great weight with their representatives in casting theip votes 1 And it this be so, ought not the primacy election held to deda.re this occurred in the primaries. it is a matter of no consequence ch.oice be carefully guard€d by suitable penalties? We have no hesi whatever. I combat that view. tancy in saying that it the evidence disclosed the use- of corrupt .methods In the course of some remarks which I made earlier in the at the primaries it would all'"ect the result of the election by the general assembly, and the Senate would be justified in taking cognizance- of debate, I was interrogated by one of the Senators as to whetheT that fa..ct and unseating any Senator who was thus delinquent. the matters that were then being discussed and canvassed and criticized with some degree of severity were not all in connection Out of the many able speeches upon that snbject in the Senate with the primru:y, rather than with the ultimate election; and at that time I select two, not only because e:f their clearness it \Vas then stated that there was a radical and mate1ial differ- . and succinctne-ss,· but because the Senators delivering them q.re ence in the importance of the two matters. - still Members of this body. I read ::fu:st. from the s:pe~ 11 of Sometimes people confound a proceeding to expel a Member · the Senator fl·om Iowa. [Mlr. CuMMINS], expressed with his with a proceeding to inquire into the question as to whether he usual felicity and clarity. · ever was elected a Member of this body ; and it has often been He said: suggested, in connection with election contests in this and the Repeating, with slight pa.ra.pl'lrase, the most serious and· the mo t otller .body, that the matters adduced were pertinent upon a impressive utterance I ever h-eard in debate, I fea:r.: that the Senate is about to commit a grave mistake. I fear that the Senate is about to . motion or resolution to expel, which of course requires a two illflict all the injury that it ca.n in1lict upon the moden1 policy of thirds vote in order to carry, and that they were not :relevant nominating candidates for the Senate of the United States at a pri.m..'U'y to the question as to whether or not the Member claiming the or popular eleetion. Some Senators here who ha.ve joined in the majority report openly seat was legally elected, a resolution touching which need have and franklY' avow that purpose. Othe1· Senators, it seeiilS to me, will no· more than a majority vote in order to prevail. It has bBen lend the weight of their infiuen~e to the same- result unintentionally and universally held that when the. Member has actually taken his unconsciously. If the Senate decla.res that a. candidate for the Senate ot the United States can corrupt the primary election in which he is seat, and the question arises not upon the legality o:f_his elec seeking a nomination and lrtill hold! a good titre to his seat, then tion but upon something else, the proper motion is to expel him, primary elections far the no.minatiOllS' ot candidates :tor the Senate and then the two-thirds v-ote is necessary ; but that whenever will bee&me dangerous instrumentalities instead of a political party to select their The view was urged there that all the irregularities in the canrlidates for the Senate of the United States, and he intends to do, it in by having the Senate declare, it be can, that no, matter how com Ste.(}henson case having taken place connection with the pri pletely and comprehensively the primary election may be corrupted, mary, they could not be availed of to question the title of the nevertheless the title conferretl upon the man who is elected by the seat of 1\Ir. Stephenson. At that time the legislature still legislature , a& we have known all important in connection with the question as to. whether good morals. for years and . yea~s, but so abhorrent to the tendency toward a closer tie. between the voters and Senators of the United Senator Stephenson ha.d or had not been elected. The a:tl:irma- States that I confess it is hard to be complacent when it is known that . Uve of that proposition was asserted upon the :floor of the a vote is allout to be had from which the people CJf this country can Senate by Senator Heybm"D, of Idaho, and in a way by Senator infer at least, that the Senate looks upon the corruption

1922. CONGR.ESSION AL . RECORD-SENATE. 995.

eiection of its Mcmuers takes place as to be beyond the examination conviction of the people that the practice is against public · and the consideration of the Senate in determining wh'ether the seat has been honestly or dishonestly won. policy, and has a tendency to introduce all manner of evil into ·the body politic. · Now I read briefly fro'm the speech of the Senator from Wash· I referred at that time to the case of The Exchange National ington [l\fr. PoiNDEXTER], as follows: Bank against Henderson, reported in Fifty-first L. R. A., at It i contended in this case by those who are defending the Senator page 550, and I read, and I now propose to read again, a note from Wisconsin on the claim that his election was a valid election some of them, at least-that all of the evidence relating to the primary telling what was decided in the case of Whitman against Ewin, is immaterial. They refuse to consider that. I understand that is the a Tennessee case reported in the Thirty-ninth Southwestern position of the Senator frr.m Idaho [Mr. Heyburn]. That was practi Reporter. In that case the court said, speaking of the employ cally the sole basis upon which the counsel for the Senator from Wis· com;in based his case in the proceedings before the committee-a most ment of a man to work for the election of another : elaborate, I think, and artificial and sophistical argument, on the The ~eater his influence the more powerful his eloquence, the more proposition that no attention could be paid to proceedings in a primary persuasive and effective his arts and skill, the more important it is that election, even though the evidence should show it was corrupt. The such powers and capabilities should be preserved and protected, no Senat<>r from Idaho bases his contention upon the proposition that it bought and unpurchasable, for the benefit of the State and the public had no legal effect upon the legislature, that it was not binding upon weal, and only allowed to be brought into pernicious activity from the legislature, and consequently bad no appreciable or legal effect purely patriotic and unselfish motives. • * • All such contracts upon the election of the Senator from Wisconsin. as the one alleged are corrupt, contrary to public policy, illegal, void, The importance of the primary election is not in its legal binding and unenforcible in the courts. effect upon the action of the legislature, but in its persuasive force. In the same way, if money had been used directly with members of The Michigan statute, making these things a crime, simply the legislature and not legally binding upon them to vote for the man makes criminal and penal, punishes by a penalty, the things who gave it to them, it would be a persuasive and a corrupting force. which the common law always denounced as contrary· to public So with the primary election. The result was the Senator from Wis· consin became the nominee of his party and was entitled by the party policy, even if it did not make them crimes. rule, entitled by the statutes of the State, in the regular proceedings I want to refer to the case of Livingstone against Page, re to have the votes of the members of his party in the legislature, and ported in Ninety-third American State Reports, a decision of it bad a persuasive and powerful influence upon the members of the legislature. Can it be logically said that an influence of that kind, the highest court of the State of Pennsylvania. It doubtless an- influence which was controlling, although not legally binding, will be of interest to the distinguished gentleman who took his brought about by fraud, brought ab<>ut by corruption, would not vitiate place in the Senate this morning from that State. That was a tbe election? case in which a publisher of a Democratic newspaper agreed So, Mr. President, it may be equally asked here, can it be for hire to throw the influence of his paper to a Republican contended that a nomination for United States Senator brought candidate. The court considers that question, and then quotes about by corrupt means at the primary does not enter into and as follows from the case of Nichols against Mudgett: vitiate the general election which followed, particularly in those The plaintiff in that case was a candidate for the office of to;n rep States where, a in the State of Michigan. a nomination has resentative and a creditor of the defendant. The defendant's party always signified an election? In many of the States, particu affiliations were such as would naturally lead him to vote for the oppos ing candidate. Conversations were had which resulted in a mutual larly in the South, the whole contest is in the primary, th.ere understanding that the defendant should use his influence in favor of being none whatever 'in the election, it being established almost the plaintiff's election, and that, if the plaintiff' was successful, the without question that whoever secures the primary nomination defendant's indebtedness should be treated as paid. Induced by this agreement, the defendant supported the plaintiff's candidacy until his will be elected at the general election follo"''ing. election was declared. In the Stephenson case reference was made to two cases that Now note, 1\Ir. President: are entirely pertinent here. There was no agreement that defe'ndant should vote for the plaintitr l\lr. SIMMONS. l\lr. President, may I call the Senator's unless it wns implied in the above understanding. He .voted for the attention to the fact that in some States-! think it is true in plaintiff, however, and did so because of the understanding. The suit our State-in registering for the primary vote the elector obli was for the recovery of the indebtedness referred to, · and the defendant claimed that it had been satisfied. The court considered that there gates himself to vote for the candidate nominated in that was a sale of the defendant's influence and vote, held the agreement primary. void, and gave judgment for the plaintitl'. l\1r. WALSH of Montana. That is not uncommon in these The court continues : statutes. . The agreement in that case involved both the defendant's vote and Reference was had in the discussion of the Stephenson case his influence upon the votes of others, but the court's discussion of the to what is known as the Payne case--the election of Mr. Payne subject does not leave much doubt as to what its conclusion would have been if the undertaking bad been confined to the latter service. as a Member from the State of Ohio. There, according to the Certainly no distinction could properly be made between the two. custom that was prevalent at that time, the members of the But that contract had reference to the votes to be cast at an election; legislature of the party of Mr. Payne held a caucus, and the and the plaintitl' contends that, inasmuch as caucuses and conventions are not creations of the law, contracts foP services in influencing the bribery took place in the caucus. The members of the caucus choice of delegates and the action of a convention can not be con were bribed to vote for l\1r. Payne in the caucus. It was con sidered against public policy. tended that notwithstanding the caucus the meiJ.lbers of the They canvassed that, and tlle conclusion was expressed in the legislature could do exactly as they pleased about it ; they were following langtiage, after citing the New York case: not obliged to vote in accordance with the determination of the We can not doubt the correctness of this conclusion. The rule caucus; but it was argued by able Senators here, and not con would largely fail of its purpose if not so applied. When the voters troyerted, as I understand, by anybody, that the influence thus are unevenly divided into two parties the nomination of the stronger secm·ed undoubtedly was operative and probably controlling in organization is usually equivalent to an election. And when party action is less decisive the subsequent etl'orts of the voters are ol·di the selection of Mr. Payne by the legislature, and therefore that narily confined to a selection from the candidates regularly pre it affected it. sented. The individua,l voter of a large electorate can seldom give an So, likewise, reference was made to what is known as the etl'ective expression to a choice that is not in line with the action or some party convention. To secure a free and exact expression of the Caldwell case, from the State of Kansas. Caldwell bought off sovereign will there must be a proper selection of candidates as well his opponent, and without the knowledge of the purchase the as an honest election. If the choice of delegates and the action of the supporters of the candidate who was thus l>ought off went to the nominating convention are improperly determined, the election ballots support of Mr. Caldwell in the legislature. That was held to be will fail to express the real judgment of the voters. a corruption of the legislature itself. So that I do not believe Mr. President, I inquire now whether the election in the State we can get away from the proposition that corruption and viola of Michigan, in view of the enormous expenditure that was tion of the law for the purpose of securing the nomination is made il;l order to get the name of l\1r. Truman Newberry on ju t as important, so far as the right of the Member to a seat the ballots !lt the final election as the candidate of the Repub in this body is concerned, as if the illegal acts occurred iu con lican Party, does express the real choice of the people of the nection with the last election. State of Michigan? When I addressed the Senate before upon the subject I was There is another line of argument which )las been put·sued endeavoring to establish the proposition, which has not, as I here. Many Senators are going to vote for 1\Ir. Newberry understand, been controverted, that all the contracts and agree because of Mr. Ford. 1\Iany Senators .are not in their seats; ments by which persons were hired by the wholesale to go out there are on the Republican side not half a dozen Senators, and work for Kewberry were contrary to public policy and ....-oid. but I propose to put in the RECORD evidence showing that lar;;e I want to show, 1.\Ir. President, that not only is that the rule sums of money were expended before Mr. Ford's candidacy was with respect to the final election, but it is the rule with respect heard of, so that when those Senators go before their home . to primaries. Jt i · just as heinous, before the law, to hire men people for a justification of their acts here they will not be to work at the primaries as it is to hire them to work at the entitled to say to them that they did this iu order that Mr. final election: I speak of it now not with respect to the statute Ford might not have a seat in this body. of the State of Michigan or any other State; I speak of what I call attention to the fact that Mr. Newberry began his con the common law was before any statute was enacted; and lest sideration, at least, of becoming a candidate months l>efore anybody should think this is a technical matter, I desire to show l\1r. Ford's name. even was mentioned in connection ·w:th this that the common Jaw merely exi>resses the general and common place. . It appears from the eYidence that on October3,. 1917, a

= 996 CONGRESSIONAL R.ECORD-SE.r ATE. JANUARY 10,

meeting was held at Port Huron, Mich., attended by, Fred D. By that time, May 6, 1918, the Paul King committee had Cody, who came out there all the w;:ty from New York for the already expended $20,000 in fixing up their affairs a1·ound the purpose of considering the question of :Mr. Newberry's candi State for the purpose of excluding such Republican candidates dacy. The results of that meeting were immediately com as cx-Gov. Osborn, ex-Gov. Warner, Mr. Wanen, and 'Villiam municated to him. Alden Smith. The :fight had been going on again t them for Later, on the 17th day of November, a Mr. Andrews, who two months and 20,000 had been expended before 1\lr. Ford attended that meeting, wrote a letter to Commander Newberry was regarded as even· a possibility or probability in the cam in New York. Bear in mind, Mr. President, that this was in paign. 1917. I shall show you that as early as the month of August, At page 739 of the record the same view is expressed. Paul 1917, less than 60 days after he undertook the duties of a King write : lieutenant commander in the United States Navy, he had this You have doubtless seen the press clippings relative to Mr. Ford and matter under consideration. Mr. W~r.ner. ~ccording to them, Mr-. Ford is. not saying a thing, but his pohbeal fnends, who, by the way, are entirely unknown, are cii·cu On the 17th day of November, 1917, bear in mind, Andrews lating petitions, and ::Ur. Warner will make an announcement of his wrote a letter to Newbeny. in New York concerning the matter candidacy about the first ot the month. Let them come. I think we of his candidacy, and Mr. Newberry replied to that letter upon shall be able to give a good account of ourselves, no matter how many November 22, 1917. Bear that in mind. In the month of Janu enter. Wa1·ner's candidacy will probably help us as much as it wiil ary following Newben·y actually became a candidate. hUl't, and maybe more. Mr. Ford ean, I think, be effectively dealt with. While Paul King stu·ted in upon the management of this He is not very much ala1·med about it, is he? A.t page 775 Paul wires to Newberry, under date of June 11: campaign about the 6th of Marc~ 1918, it was not until at Democratic conference at Lansing Tuesday evening re-ported to have least a month afterwards, although voluminous correspondence adopted resolution calling for llenry Ford a compromise candidate of had passed between him and Commander Newberry, that Ford's all parties as supporter of administration and calling on Republican name was ever mentioned between them. In a letter found on candidates to withdraw. Some nerve. Interesting but not alarming. page 703 of the bill of exceptions is the first indication we find · PAUL. of Ford's candidacy being mentioned. At page 780, on June 14, 1918, we :find the following: After the talk he bad had down in New York, Paul King JU!'IE 14, 1918. Bon. TRU:\IA~ H. NEWBERRY, opened up on the 6th of March. On the 11th of February he New York City: wrote Newberry as follows, after telling about the other Wasbin:;ton dispatches announce Henry Ford's andidacy with Presi Republican candidates who might possibly enter the race: dent's indorsement, as yon undoubtedly know. Suggest we simpty go Confidential information also this morning indicates that the people ahead with our campaign just as we have been doing. .Am not at all behind the Ford candidacy are the Booths, and that they are planmng alarmed. Do not think it necessary or advisable for us to make any tatement at this time. .Am drivin~ through Oceana and Newaygo to circulate his petitions and try t o force him to run anywny. This Counties to·day. If you wish to Wire me, send telegram to Grand does not scare me· very much either. Rapids cm·e Charles .A. Floyd. He will get message to me. Will Then he added : t>hone :rou -from Grand Rapids Saturday morning. PAUL H. Mr. Warner is scared by the Ford bo~ie, and i postponing his an Kn:o. nouncement for a month. I would not be surprised if it ultimately At that time they J1ad all'eady expended 28,500 in the arn works out so that he will not enter at all. paign. I think that i all that need be aid about Ford. I propose to show, Mr. President, that they had not the l\Ir. President, I pass now to another matter. Mr. Newberry slightest concern about the Ford candidacy. They treated it admits that at least . 195,000 was spent in hi behalf in order to as a thing which was not to be regarded even eriously, clear secure for him the nomination. It is contended upon the part tlow.n to thG time when he finally made his announcement. of tho e who take the opposite view that be ought not to be Mr. Newberry replied to that letter on April 13, two days seated here, that the record bows that at lea t $250,000 \Yas afier~arcls, as follows: expended in his behalf; but it is not to b understood that it There is no doubt but that l1r. O'Brien's advanced age would not help is contended that that i all that \Vas <;pent. We merely ~ay him any in the campaign. '.rhe other men you mentioned have been talked over many time . The fact that the Booths are behi.nd Mr. that that is all the record hows. Let me show you a few Ford eems reasonable to me, but that does not explain their campaign things that are not in the record. again t millionaire . I called attention :re terday to the fact thut Paul King had At page 706 appear this in a letter from 1\Ir. King dated an account in the bank that includetl something like five thou April 17: sand-odd dollars that we in ·ist is not included in the . 156,000. Nothin~ more bas been heard from Mr. Couzens and there i some I shall not go into the other items at this time, becau e my time tall{ about the Ford candidacy. will not permit, but I wish to call attention to a few item of .At the time the other.letter was written-that is, April 11- testimony here that di ·closed that $250,000 i a mere .·uggestlon th~y had already had contributions from John S. Newberry as to the amount of money that was paid out in the State of amounting to $8,000, which hall actually been sp nt, apparently, Michigan to accomplish the nomination of l\lr. .t:" 'ewbe1:·ry. because the contribution were maQe in sums of about a thousand Two distinguished politicians of the city of Detroit were tlollar before Ford's name was e"\"en mentioned between them. Milton Oakman and a ::\lr. ::\larx:. They went to New York ou Under

.As an old friend and acquaintance, we had a talk. I said to him, penditures; I do .not Tecollect just what, and I made the statement "1\Iilt., 1: understand why you are not supporting me "-be had been that I believed that rather than $176,000. that the campaign must have supporting me-" but I have no feeling in the matter whatsoever. It cost nearer a half million, and Mr. !<'letcher said, "A half million, h-1! seems to be to your interest. I was up there in Lansing, .and they It cost nearer eight hundred thousand, and I know what I am talking told me you were to receive -$.25,000, and at -that time .had $12,500, about." etc. He said that it was made very clear to him that his interest was to be with Mr. Newberry. and he had to look out for himself; that I The junior Senator from 1\Iichigan in the course of his re knew the character of the fight, and what it took to put it up in marks yesterday told how. he did not know anything at all Wayne County, and it was to his interest. I said, "I

Mr. WALSH of Mas!"achusetts. I desire to announce that the all that he knew about these charges, that 'he would not think Senator from Rhode Island [l\lr. GERRY] ic; absent on account of retiring from this presence without explaining the answer of illness. which he made to Vandenberg. That answer was a letter Mr. HARRIS. I wish to announce that my colleague [1\!r. written by himself. It related to facts and circumstances which WATSON of Georgia] -is absent on otficial businel's. be claimed, when he 'uote the letter, were within his knowl The PRE.'"IDING OFFICER Sixty-five Senators having an edge. The Senator from Michigan, in substance, wrote Mr. swered to their names, a quorum is present. Vandenberg: "The campaign is being conducted by a committee .Mr. ROBINSON. l\1r. President, when the announcement in accordance with law, and when the campaign is over the· was made in the press some days ago that the sitting 1\lember, accounting requirements of the statutes will be complied with." the junior Senator from :\Iichigan [1\lr. :Newberry], would ad That statement implied knowledge, definite knowledge, on the m·ess the • enate in his own behalf touching the charges that part of the writer, the sitting Member, as to the manner in have been pending against him for approximately three years, which the finances of his campaign were being .conducted. I with many other Members of this body indulged the hope If a Senator on either side of the Chamber thinks that my that in hi statement relative to the subject he would be frank interpretation and application of the facts connected with this and in detail discuss the incidents which it is charged reflected · letter is erroneous, I ask him to rise now and point out the knowledge upon his part of the method by which his campaign error in the statement. It was charged by a written com was conducted. Yester·day there was presented in this Cham munication that his friends were disgracing and scandalizing ber a scene which will be remembered by those who were his State by the corrupt expenditure of money to encompass present for many years. Thousands of persons were attracted his nomination. He sends back an answer which· in substance to the Capitol, some from curiosity and others as the friends implies: " I know what is going on. The charges are untrue. of Senator Newberry, in the hope that at last the Senate of the The committee is conducting an honest and a fair campaign, and United States and the people of the country '7o"ere to hear his it will make the reports that the law requires it to make." viewpoint touching the charges that, in order to encompass his I say that that was not an honest letter, using the word nomination and election as a :Member of this body, there had "honest" in the sense that the law defines it. I point you to been expended admittedly more than $188,000, and, as claimed the fact that immediately following his reply to Vandenberg by many, more than a quarter of a million uollars, according to Mr. Newberry wrote his executive chairman, King, characteriz the proof. ing it as a noncommittal answer : " How did you like my non- The statement made by the junior Senator from ~lichigan in committal answer?" · his own behalf may be epitomized in a few words; it may be If he was acting in good faith, why did he write a letter summarized as follows : " I had left the State of Michigan in which he himself characterized to his political manager as a the discharge of my duty as an officer of the United States noncommittal answer? The charge was a serious one. It Navy; I was urged to become a candidate for the Senate; I called for frankness and sincerity, and he himself characterized did not return to the .State dui'ing the progress of the cam the method in which he replied to it as noncommittal. paign, ant1, while I was kept advised as to its general progress, That is not all. In the same letter he said: "It is true tJ)at I never lmew an~·thing definite respecting the character of the it covers the situation in a flimsy manner." campaign that was being conducted in my behalf and as related Is there a Senator here who honestly. wants to know what to the expenditure of enormous sums of money for me." Mr. Newberry knew about that case who would not like to have l\Ir. President, the defect in that defense which to a la"''"Yer him say what he meant by the reply he made when the charge and a patriot is and must remain unansw_erable is that a candi was brought home to him by a citizen of his own State that a date for Senator can not, in that or any other way, divest him dishonest and a corrupt campaign was being waged in his own self of the responsibility imposed upon him by the Constitu behalf? He denied it. What did he mean when he said that tion anu law. of this Nation, the laws of his State, and the rules his denial was " noncommittal " and " :tlimsy " or trivial? The of morality auu ethics which govern gentlemen and citizens in responsibility and obligation was upon him, when those charges their transactions, to see that his campaign is conducted in ac- were brought home, to put a stop, or try to do it, to that cordance with law and ethics. • metlwd of campaigning if it was in progress. A citizen can not announce his. candidacy for the United What would be the conduct ordinarily expected under such States Senate and then treat it as of such little importance that circumstances of one who intended to act in good faith? If he be shall gh-e no thought or attention to the manner in which did not ha\e knowledge of the truthfulness of the charge , that campaign, is conducted. The moral obligation is upon he would say: "Paul .l,{ing, Vandenberg says you are runriing a -him, when he seeks a seat in this body, to do what he can in corrupt campaign. I am too busy to keep track of the details fairness, and with all the intelligence he possesses or can ac of this campaign, but, as my agent, tell me what-you are doing, quire, to see that his campaign is conducted d~ently and ·with and how you are doing it"; and if the facts revealed by the uue respect to the laws of the State anrl Nation. When the inquir.y thus made showed that the charges of Mr. Vandenberg proposition is stated iu that way, I _do not helieve that any Sen were true, it was the obligation of the candidate to stand up ator can or dare controvert it. like a man and say: "I will not receive the benefits of such 'Vben tJ1e title by which a man holds or claim membership a campaign. I will not be the beneficiary of such methods." in tbi. · body it a ..'ailed the rules of criminal law ought not to be Instead of pursuing that course, however, he wrote ·a " non in>oked. A Senator can not be heard to say, "Under the Con committal " reply, a reply which he said was noncommittal, stitution I may not be compelled to gh-e te timony against and which, according to his own statement, covered the situa myNelf, and thus incriminate myself." The moral obligation tion in a ":tlimsy" manner. In his statement yesterday he is upon him, when his title to a seat is challenged in the way approved Paul King and his methods cordially, and expres ed that the title to the eat of the sitting Member from l\Iichigan gratitude to the committee. Is that consistent with gootl faith has been challenged, to meet the issue. Courageous, manly in his contention that he did not know the character of the conduct it would ·eern, should prompt him to advance to such campaign that was being waged in his behalf? an issu~ rather tlian retreat from it. · Mr. President, not only is the good faith of his declaratil)n Three years and more ha\e come and gone since the primary that he had no knowledge of the character of the campaign that was held in Michigan. The undisputed evidence discloses that was actually being made regarding the expenditure of money throughout the campaign it was publicly charged in the vres~ controverted by his own letter, but it is also controverted by of the State that the campaign was a boodle campaign; that other circumstances which are admitted to be true. When Pa nl enormous sums of money were being expended in order to King, who afterward became executive chairman, first called encompass the nomination of the sitting Member. The evidence upon hlr. Newberry in New York, the first inquiry was, accord shows that a newspaper man, Vandenberg, wrote the sitting ing to Paul King, "What is this campaign going to cost?" Member prior to the primary election that it had become a The answer came back, in substance, " It cost Senator TowN- matter of State-\vide candal that his friends were making an SEND $~0,000, but on account of the fact that you are not well effort to purchase the nomination. That letter and the news known throughout the State it will cost you at least $50,000." paper articles which from time to time were published relative Listen, what arrangement was made for meeting that $50,000? to the subject put the Senator from ~ichigan on notice, as they Is it consistent with the motives which control ordin:n· must 11ave put on notice every intelligent man who was inter human transactions that, with the knowledge that $50,000 at ested in the subject, that the character of the campaign was least 'would be required, ~.Ir. Newberry should leave to chance being assailed. The sitting Member has rested under this or accident the manner in which the campaign shoul.d l>e charge for more tbao three years as if -be recognized no obli financed? He was put on notice by the declaration of· Pa11l gation to repel it. King that the campaign would cost, in round numbers, ten time:s The Senator from ::Uiclligan [Mr. Newberry] replied to Van as much as the l\fichigan statute permitted any candidate to denberg's letter. I thought yesterday, when he took his place expend. ~o objection was made. He had called Allan Temple in this Chamber and said that he intended to tell the Senate ton and said, "I want a business men's committee.~' :Mr. New- 1922._ CONGR.ESSION AL RECORD-SENATR 999

berry· now says, and his :friends declare, that he· hns n

The evidence shows that all the county chairmen, many public .I made a_mistake.. The greater portion of these expenses will not ter mmate until the pnmary is held some 30 days later than the time I officers, many men who were in positions of responsibility as stated. Have written. related to fraternal organizations, heads of banks mercantile establishments, real estate concerns, men engag~d in every What were the contents of that letter? In view of the fact sphere of industry, were hired to work for Mr. Newberry, and that those communications were explained by Smith his attor in every instance the hiring constituted a violation of the Michi ney in fact, as relating to the practice of drawing ft~nds out of gan statute. Mr. Newberry's account and the accounts of other individual But the statement is made that the Senator from Michigan members of the Newberry family and putting the proceeds to the sitting 1\Iember-had no personal knowledge of these trans the credit of John S. Newberry, whose account was nominally actions. When it was brought to P,is attention that enormous financing the campaign, it appearing that 1\Ir. Newberry was sums of money were being wrongfully expended he ought to complaining about the balances, I would like to have asked him have made an investigation. He was put upon notice and in "Why did you make that protest? If you were not interested quiry. He can not be heard to say, "With many newspapers in the financial end of this campaign, why were you protesting in . the State charging all forms of misdeeds and crimes com against the continuance of the expenditures? Why were you mitted in my name and in the name of the committee which asking about the balances?" What sums were drawn from was conducting my campaign, I wash my hands of the matter; your account and placed to your brother John's credit? let them do what they please," and then escape responsibility Why, of course he was interested. His account was being for it because he did not know the details of it. . depleted to replenish the account of John S. Newberry from. Do Senators know what that precedent means? The Sena time to time, and while it must be admitted that the sitting tor from Idaho [1\Ir. BoRAH] spoke of that feature. If by Member did not know and under the method of campaign that your vote in this case you say that a citizen can become a can was adopted could not have known the intricate details of those didate for the United States Senate, leave the State, do what expenditures, he must have known from the newspaper 1·eports, he plea·ses in connection with the conduct of his campaign, from the letter of Vandenberg, from the condition of the bank organize a committee or direct its organization, make no ar accounts, that public sentiment in Michigan was being justly rangements for the financiJag of his campaign, knowing that it aroused, that morality was being disregarded, that sums beyond was to be an expensive campaign, and then escape responsi reason were being expended in his behalf, and as an honest bility for the manner in which it was · conducted, it means man, as a courageous man willing to face and meet the responsi that powerful influences who want representatives in the bilities which by virtue of his position rested upon him, he ought Senate or in other legislative bodies may expend any sum that to have taken charge of the situation, investigated the methods they

What ar the fact·? Senators are called upon here to vote Let us see if he was entirely oblivious to every angle and as jurymen in a case which causes us not a little embarrass every feature of the campaign: ment. Mr. ALFRED LUCKING. Mr. Truman Newberry asked vou about the ex- It is a delicate subject, a subject which involves the seat of a penses at times, did he not? - Mr. SMITH. I do not remember that he did. fellow Member. I shall 'therefore ask Senators to recur to the Mr. ALFRED LUCKING. You reported to him every day what was going record alone, for upon that record they must form their judg on, did you not? ment and ca~t their \Ote in this case. What is the testimony in Mr. SMITH: No . . Mr. ALFRED LuCKING. Did yon not send him a telegram every njght the case? I ha\e grouped here some of the salient points of of what occurred during the day? the testimony that throw a clear and unbroken light upon this Mr. SUITH. I sent him a telegram generally at night regarding what ca ·e. tbe papers said. Mr. ALFRED LUCKING. About what the newspapers were saying? Before the ommittee on Privileges and Elections Mr. Fred Mr. SMITH . .About what the newspapers were saying. erick P. Smith 'vas examined, and testified, in part, as follows: • * • • Mr. ALFRED T~CCKINO. 'Vhat do you call your position, secretary or ~Ir. ALFRED LUCKING. I do not want anybody to accuse us of abso- · executor? lutely misleading the witness when it is plain he is mistaken. May I · Mr. Sl\HTH. 'No; I call myself agent. call your attention to page 219, to the following telegram: Mr . .ALFRED LUCKING. You are their confidential financial man, are . DETROIT, MICH., Jul11 !8, 1918. you not? Lieut. TRUMAN H. NEWBERRY, Mr. SMITH. Yes. Third Naval District, 280 Bt·oadway, New Yorl•. Mr. .ALFDED LUCKIN~. You have, I think it has been said here, powers of attorney from both :Mr. Truman and M:r. John Newberry? I misinformed you this morning the date of close of regular expenses. Mr. SMITH. Yes ; practically all of the interests in the office.' I Should have said. August 27. The circular work, advertising, cleric~l carry their powers o attorney. · help, postage, and all regular overhead expenses will naturally continue until primary. Have written. ·· - · It might be ·. aid at this point that Mr. John Newberry is a FRED P. SMITH. brother of ~lr. Truman Newberry. What in my judgment is a Did you send tbat telegram? Mr. SliiiTH. Yes; I did. beautiful affection exists between those two brothers ; each Mr. ALFRED LUCKI~G. Then, it was Dot about when the primary was; knows what the other is doing. It has existed since their boy it was when the expenses would cease that you were talking with him hood, and it is to be admired; but that affectionate regard be and writing him about. Is that right'? . · Mr. SMITH. That is probably it. I do not know what the conversa tween the two brothers can not now be denied and avoided so tion was, but I had told him July 27. I misinformed him as to the as to justify the statement that during the Newberry campaign month. one <)id not know what the other was doing. I resume the quo :Mr. ALFRED LUCKI:-10. You had been talking to him. He wanted to know when these expenses were going to stop, did he not 't tation from the testimony: l\Ir. SMITH. I do not believe so. I think his conversation was about Mr. ALFRED LUCKING. And there are others also intetested? the drain on the balances in the office, and be was complaining about Mr. SMITH. Yes. tbe money that was being spent. :Mr. .ALFRED LUCKI~o . What others? Mr. SMITH. Mrs. Truman Newberry's inuividual interests and Mt·s. .The sitting Member's complaint was about the drain on the John S. Newberry's individual interests, and their ons. balance · in the office. How may a man complain to his agent • • • about the drain on his balances, be told by that agent that he Mr. ALFRED LUCKING. What did John Newberry say to you? must endure that drain for another 30 days, and then come here ·' To you "-the financial agent of the Newberry family and say he was oblivious to everything which took place and Mr. SMITH. He came to me, as near as I can remember it, the latter say that to his astonishment and amazement be woke up ancl part of February or the first part ot March-it was the late winter found himself elected to the United States Senate? and told me that if the committee made any demands for campaign funds, if his brother should be in the senatorial raee, to give them Passing over, as time requires me to do, much of the testi the money. I do not remember whether he mentioned Mr. Templeton's mony we find the following questions by former Senator name or not. I knew Mt·. Templeton quite welL The first call was Wolcott: from him. The checks that were given after that were all given to Mr. Templeton the same as the fu·st one. . Senator WOLCOTT. I want to find out about the checking out of these Mr. ALFRED LUCKING. You have given us, in substance, all that funds by you, ~Ir. Smith, to the Newberry primary committee. Those transpired, have you? checks were all drawn against what account tn your office? Mr. SMITH. Yes, sir. ~Ir. SMITH. Again t Mr. · John S. Newberry's account. Mr. ALFRED LucKLtNG. ~o other discussion, except to direct you, it · Senator WoLcorr . .Are you positive they were invariably drawn they wanted money and came and asked for it, to give it to them? against that account and no other? Mr. t:iMITH. Yes, sir. • :Mr. SMITH. Absolutely. Mr. A.LE'RED LucKtNG. No limits as to amounts placed on you? Senator WOLCOTT. You spoke of transferring funds from the other Mr. SMITH. No, sir. accounts 'into his. Mr. ALFRED LUCKING. Anu no reports made to him as to the amounts Mr. SMITH. Yes, sir. It is a procedure that has been current for you p'aid? ' years. When one account gets low it is fed from the others. We have Mr. SMITH. ~o, ir. 12 different accounts. Of course, we do not feed from the corpora That is the worn testimony of 1\Ir. Fred P. Smith, who holds tions, but the personal ones. I have done it this last week. the power of attorney of Truman H. Newberry and his brother. What does that mean? It means that when Mr. John S. New A man may not under our plan of government announce berry's account grew low by reason of his contributions to his himself as a candidate for an office and then close his eyes brother's campaign :Mr. Frederick P. Smith, attorney in fact, and willfully be oblivious to all that takes place in the course drew drafts upon the account of Truman H. Newberry and of the campaign in his behalf. deposited them to the credit of John S. Newberry, and then drew There was once a man in Del a ware, who e name I will not against the account of John S. Xewberry for expenses of the mention, because any re entment the American people ever campaign. cherished against that man has perished in· the misfortunes 1\lr. WALSH of Massachusetts. How much were those drafts? that came upon him later; but he was a perpetual candidate Mr. ASHURST. John S. Newberry's aggregated $99,900. for the Senate, an all-around corrupter of men, and he made Senator WOLCOTT. Did you transfer funds from Truman H. New- it a part of his policy or plan of action when his committee berry's account over to John S. Newberry's? were in ses ion or when the caucus were a.bout to discuss any Senators, listen to that. question involving the improper expenditure of money to say, Senator WoLcOTT. Did you transfer funds from Trumarr H. New "Gentlemen, just suspend your conversation at that point berry's account over to John S. Newberry's? until I retire from the room, so that I will not be legally guilty, Mr. SMITH. Yes, ir. and when you have concluded discus ing that ubject,- rap on . Mr. WALSH of Massachusetts. Is there a record of that the door, and I will I;eturn, and thus I will be legally innocent." amount? Such a thing might have been done in Delaware 20 years ago, 1\lr. ASHURST. I will find it. but it can not be done anywhere in the United States to-clay. A Mr. SMITH. Yes, sir; or l\Ir. Truman's to John S., or from Mrs. John candidate for office may not wash his hands with invisible soap S., around either way, and always have done it. Senator WOLCOTT. All these funds m those various accounts, bart·ing in imperceptible water or retire from the room while his agents the corporation accounts, went to supply ready money to John s, New contrive corrupt chemes, and then return and say, " I know berry's account? nothing about It." l\lr. SMITH. No; I do not think they all did in this case. Senator WoLCOTT. Then the funds in their two accounts went to keep The sitting Member, in good temper, as bec~me him, came the .John S. Newberry account up to a sufficient fund, so as to enable before the Senate yesterday and made a statement. He stated you to have enough money out of that account to take care of these that he was entirely oblivious of the expenditures in his behalf· primary expenses? Mr. SMITH. In cases where there were overdrafts they would make that when the campaign, which attracted attention throughout up enough balance to cover the overdraft. the length and breadth of the United States, was concluded, to Senator WoLCOTT. Were those funds advanced from Truman H. New berry's account and Mrs. Truman H. Newberry's account to John S. his astonishment he read that he had been elected at a cost of Newberry returned in due course to t hose account!! from which they some $176,000, but tha,t all through his campaign he had been were eriginally taken? oblivious to that feature thereof of which e-.erybody else in the Mr. SMITH. Yes, sir. United States was aware, namely, the impropei' expenditure of On business transactions, be they ever so small, business money. men keep accounts; at least, they keep accounts where the '1002 CONGRESSIONAL RECORD-SE1 ATE~ JANUABY 10,

tran ·action i regular on its face and no inquirin"' eye or ex Mr. WALSH of 1\las ~ a chus etts. Now, I want to know what ploring hand is feared. record w re kept that di appeared. Wa ther a treasurer's ennt or WoL c ~. Ha ve you the- books showing all these transac bank account and a checking account that disappeared? tions ? Mr. ASHUR T. Some of the testimony was to the effect Mr. S:.nT H. No : I h ave not. Senator WOLCOTT. Wer those bool..""S taken by the cashier down to that sucl1 books were kept, but such books as "ere kept were not a nlila.ble to ·our committee. Grfi~~ l,~p.;~~ ?I do not remembe1· about it. I did not pay any attention Mr. KING. 1\lr. President-- to "'hat he took. The PRESIDING OFFICER. Does the Senator from Ari Briefly a in keeping with this case, the books are gone or zona yield to the Senator from Utah? lost-lo t! On yesterday the Senator from New Jersey [Mr. l\lr. ASHURST. I yield. EDGE] rose at the conclusion of the speech of the sitting Member 1\fr. KING. If I may answer the Senator, all the books that and addressed the Senate. were kept by the committee whicl1 would throw any light upon The Senator from New Jersey is a member of this commit the expenditures or the receipt s were lost or were claimed to tee. He was so disgusted that. he unimadr-erted upon the have been lost. Check books, bank accounts, deposit slips, methods adopted by the Newberry committee in its failing to everything, yanished as well as the clieck~ themselves. It was keep the books so that they could be examined. alleged that they were taken from the offices where they were Business men know that when men have transactions of kept and deposited in a burn where the Newberry accounts, the which they are not afraid the muniments and the memorials accounts of the estate and the representatives, were usually thereof are placed away for safe-keeping; a business man knows kept, and they all disappeared. That is the only expln.nation. that when men haYe transactions, uri.d the written records or l\fr. Newberry upon the floor did not discuss their disappear the muniments thereof may later arise to confound persons, ance, did ilOt account for them, did not attempt to account for they pay but scant attention to what becomes of the papers. their disappearance nor to explain the contents of his own These question · were asked: bank account or his brother's bank account, the amount that was Senator EDGE. What was the reason for adopting what would see-m drawn from his own bank account or his brother's account or to me to be a very complic'ated !fYStem of bookk~eping for a tempo from the 10 other accounts of Newberry's that were controlled rary activity like an electi-on campaign is ne~essarily? It seems to me that it would meet all the neces ities of the law in malting your report by this one man, Smith, who had power of attorney over them. it you had kept the usual ledger, journal, and daybo~k and entered the Mr. WALSH of Massachusetts. And there is no evidence in accounts in the ordinary way. All thi& percentage lS not required at existence to either confirm or disprove the report of expendi- all under the law. · Mr. FLOYD. No. • • .- . . tures made under the law? · Senator EDGE. It is quite simple to dO' that ~1.thout working o.ut. a Mr. KING. They have either lost or have deliberately de percentage basis. You would simply charge pubh.cit;Y at whatever 1t 1s, stroyed all the evidence which shows these enormous expendi· the men employed in that particular work, copy writing, etc. M1·. FLoYD. We did that indirectly. · tures that would condemn Mr. Newberry before any honest jury. Now, who asked those questions.? Some partisan, seeking to 1\lr. ROBINSON. Mr. President, witb the permission of the make political capital out of this misfortune that has happened Senator from Arizona-- to the ·sitting Member?_ No; it was an efficient, upstanding Re Mr. ASHURST. I yield. publican who first criticized the .indirect methods and the con Mr. ROBINSON. The evidence does show that not only was cealment of the books. a considerable sum, not embraced in that account, found to be Mr. WALSH of Massachusetts. 1\fr. President, will the Sena due after the account was filed but also that considerable .sums tor yield? which were actually expended were not accounted for at alL The PRESIDING OFFICER (Mr. ODDIE in the chair). Does Mr. POMERENE and Mr. WALSH of Massachusetts rose. the Senatoi· from Arizona yield to the Senator from Massa- The PRESIDING OFFICER. Does the Senato-.r from Arizona chUsetts? · yield? Mr. ASHURST. I yield. Mr. ASHURST. I will yield to all Senators, but, of course, I Mr. WALSH of Massachusetts. Did the treasurer of this do not want to consume my hour in yielding.· campaign committee keep a bank account? Mr. WALSH of Massachusetts. This is an important matteJr, Mr. ASHURST. Will the Senator let me answer that by and I hope the Senator from Arizona will permit fuU inquiry reading some more of the testimony? I do not want to mis and discussion. quote the testimony. ~lr. ASHURST. I yield first to the Sena.ror from Ohio. Mr. WALSH of Massachusetts. And if he did, I want to know if that bank account or checking account was produced. Mr. POMERENE. In this connection permit me to say,· as will Mr. ASHURST. The Senator, I know, would prefer to have the Senator recall, that after the committee had discovered the testimony rather than my remembrance of it. I will read that an the Newberry books were either destroyed or stolen or taken a way and we discovered that their aceounts had been that. 1\lr. WALSH of Massachusetts. In otll.er words, I want to kept in the banks-that is, John Newberry's account, Truman know if that was among the lost papers. Newberry's account, an these other Newberry accounts-and we Mr. ASHURST. I will reach that point. asked t() have the bankers subprenaed to bring their books showing these accounts, then it was that the majority of the Senator WOLCOTT. Did you ever inquire of this cashier what he did with the books and checks? committee voted down our motion to call those witne e be Mr. SMITH-- fore us. The financial agent- · 1\Ir. ASHURST. The Senator has stated the matter· with No, sir. accuraey. These were transactions involving thousands of dollars. It Mr. WALSH of Massachusetts. I trust the Senator will ex will not do to say that it was an opulent family, and that they cuse me for pressing the ,matter. p.aid no attention to books because their opulence was great, Mr. ASHURST. I yield. and the expenditure of a couple of hundred thousand dollars Mr. WALSH of Massachusetts. I think this phase of the made no difference. That argument will not stand up when question is very, very important, the disappearance of all we find in. the record a letter from Truman H. Newberry saying: papers and documents to prove or disprove the accuracy or cor " Those stamped envelopes you sent me were too small. Do rectness of the report when nearly $200,000 were used in the not waste stamps in that way. Send ones that are larger," campaign. Disappearance of evidenC'e is frequently affiliated showing that lle was giving patient, careful attention to the with other acts of fraud. Now, may I ask the Senator another details of his campaign. question? Senator WOLCOTT. Did you e-ver make any investigation about their Mr. ASHURST. I yield further. whereabouts after they came back from Grand Rapids? Mr. WALSH of Massachusetts. I understand $140,000 was Mr SMITH. No; I did not. paid out to newspapers for advertising and publicity purposes Mr: ALFRED LuCKING. Well, do you know the total amount that you charged against .Tolm S. Newberry on the books? in the State of Michigan. · Mr. MITH. I do not h.-now what was charged- Mr. ASHURST. That is about the sum. Here is the fiscal and financial agent, the attorney in fact, Mr. KING. One hundred and forty-seven thousand dollars holding their power of attorney- plus. but I know that the credits,. taking credits for what came back, beeause Mr. WALSH of' Massachusetts. Are there any documents, there were moneys coming back along about th-e time that tlre report any records, any receipts, any checks, any vouchers, to show was made up. It made, as near as I recollect, either $99,000 or $99,900. what newspapers got that sum of money, what sums each re Mr. WALSH of Massachusetts. No. I understood the Sen ceived, and how generally it was distributed and expended? ator to state that no records could be obtained for- the e:xami· 1\.fr. ASHURST. The vouchers or receipts or papers which nation of the committee. would prove or disprove anything along that Iine mysteriously Mr. ASHURST. So far as the committee was concerned. disappeared, and were not available to your committee.

l 1922. CONGRESSIONAL RECORD-SENATE. 1003

1\Ir. KICG. If t he Sena tor will allow me, they were de taken by Mr. ·Newberry's agent to a barn, and from that point stroyed, and uestroyed by the order of Mr. King, or some of they disappeared. · the campaign committee of ~Jr . Newberry. , . Mr. SPENCER·. The Senator is mistaken as to the fact. )lr. ASH CllST. In other words, this status of affairs arose; Those were never taken to l\lr. Newberry's barn. although the ~ a ti o n had become shocked, and the sitting Mem Mr. ASHURST. I said a barn. ber says he was shocked with the excessive expenditures, and l\fr. SPENCER. Or to any barn. I am not quibbling about although the lieutenant governor and the former governor and words. thousands of citizens com'plained and demanded an investiga 1\lr. ASHURST. Then the testimony is false. That is the tion, the ~ Tewberry managers said, in effect, "We thought these testimony. books showing the expenditure of a couple of hundred thousand Mr. SPENCER. No; the Senator is confused. The books

1004 CONGRESSIONAL RECOR:P-SENATE. JANUARY 10.,

.Mr. EDGE. Permit me to state in a very few words whaf Pharisee as to claim that I do not lmow anything about those that particular criticism .referred to. things. We all know about them. I am not talking nbout the Mr. ASHURST. The Senator ·did not expla.m rthat in his supper for the candidate and his managers ; I am not talking speech ; will he not do it after I conclude? about the band, the hall, the advertisements, and so forth. I Mr. EDGE. I can do it in two minutes. am talking' about going to men and bantling them money to go Mr. ASHURST. I will give the Senator one minute. about and "woJ:k" for the candidate. 1\lr. EDGE. I can do it in 30 seconds. That was against the law in Michigan. An the obliqueness, Mr. ASHURST. Very well. all the tangled lines, all the sinuosities of sophistication cnn Mr. EDGE. That was a criticism, and a very proper criti nut drive away from them the knowledge of the faet that the cism, of the method of keeping the .so-called books, which were statutes of l\fichigan prohibited the hiring of workers rn elec in the nature of :memoranda. I admit that I thought . the tion campaigns. method adopted was an entirely unbusinesslike one, and so PaUl King said further: commented at the hearing; bnt so far ns the Senator refers to Mr. Newberry appro-ved of my -phtn of publicity. the refusal to have other papers and books brought before us, On April14, 1918, l\Ir. Newberry wrote Mr. King that- I can not get the connection at all. 1 am glad Mr. Warner (three times governor of MichiCTan) is scared Mr. ASHURST. The Senator must not imagine that I have out for the present, and as long as we keep up our publicity work at put into his mouth words that would seem to make him say full pressure it will be harder and lla.rder for any new man to "'et any: kind of a start that will make it seem worth while for him to be a 1 he was criticizing the nunproduction. I say that the methods serious candidate. pursued res.vecting such fragmentary and meager papers ·as we Men who manage campaigns a.re not babes in the woods nor had were so indirect as to -draw a J>ebuke, and a just rebuke, an Alice in Wo~derland. ~1en men running a campaign, from that :model of efficiency in business, the Senator from sh-rewd, bold, darrng men, recen·e a letter from their principal New Jersey. instructing them to "Keep up your campaign publicitY at full Mr. EDGE. Mr. President, I tha:nk the Senator for his very pre sure and you will keep all the other men out," they know kind reference; but I must repeat that my criticism ·of the what that means. They know that sucn an order means " Go method em:pl"Oyed in keeping the accounts i\.Vas directed at that the limit." pm.·tic1llar m~thod of keeping a record of their expenditures l\:1r. Thomas P. Phillips testified as follows: and disbursements, nd that we could rvery much more readily I reside in Detroit and received $60 a week from the Detroit News have arrived at our :clecision if they h.ad been kept in lthe usual before I went to work. for the Newberry committee. 1\Ir. King 'hired me ledger form. I adhere to that view. at 1.00 a week as publicity man -tor the campaign. J made four trlps Mr. ASHURST. l agl'ee iWitll the Senator. to New York and saw Mr. Newberry and took some moving pictures oi .Mr. Newberry. I talked to Mr. Newberry, and from what I gatll Now, some more of the testimony. I am not g-oing to sa_y ered o! his past life I wrote certain publicity. (H., 352). what somebody said or somebody heard somebody say, but let I do not think there is anything wrong Jn his going to New me confine myself to the testimony. Mi·_ Paul King~and it will be remembered that he was the young man who had full charge York and getting the :past history of the candidate. T.he gJ:a.va of the Newberry campaign-with the consent of the sitting men of the offense was in the ittin.g Member saying he wits Member, said ·m his testimony : oblivious of everything that took pJace. Mr. Phillips continued; I consider 11n3'Self a. free .a;gent, a free lance. to do jjust as I felt should Mr. King otold me that he had made arrangements to take .more mov be ·done in the management of that campaign, in the way I condueted ing pictures o! Mr. Newberry and .asked me to go to New York :m.d see it. All questions were referred to me !for decision and were passed 11pon that the ·pictures were made. to the best ot my .ability. With the '3.BSistfmce of Mr. Templeton, I I .am not .going to conOnd of it." I believe when men come who contributed $99J900 to tbe Newberry campaign .fnnd) testi toward the sere and mellow years, impetuous tate.ment rthat fied, inter alia, as follow (H. 317) : looked so wen in 'YOUth may not ·appeal to us. Wthen the Senator POMER!IXE. And you want the ·committee to understand, do silver of the years teuches our temples we begin to think we you, that lf'OU placed no limit upon tlle amount which Smitll W!LS to might well have left same of tb~ e thing-· unsaid,· and I rather draw out of your aceount for the fulancing of that campaign? think he might ha~e left run.said the statement that he w.as Mr. N.EWBIIIRRY. No, sir ; I never tllought about it. I just said, u Go glad and proud of the campaign. I think, however, he tried to allea1i and use what money you want." tell the truth. That man to-ld the truth. He might have -violated some law Mr. ALFRED Luon "G. Did you report every day to Mr. Newberry? in his uniawful expenditures, but John :s. Newben'Y w01lld not Mr. KING. I wrote to him very frequently, and when I was out commit 'Perjury. It was ,a small matter from ms viewpoint to meeting people I wrote him practically every day, telling him whom 1 spend this money in llll brother's behu'lf, but be scorned to com met and what they said and 'how ·they felt .al1ou t llli; candidacy. 1\Ir . .ALFRED LuCKING. How the campaign wa progressing? ·mit perjury and_testified, " I p:la.ced no limit.· I said to spend l\Ir. KING. Yes, sir. all the money that was neces ·a.ry, and [ contributed $99,900." Mr. ALFRED L-uCKING. And went down i:o consult with him tre- I continue xeading: i}uently? Mr. KING. Several times; not frequently. Senator Po~IERilNJl. Do you mean to say you do not know wbether Mt·. ALFRED LUCKIXG. About matters of policy? any .money wa"S borrowed from one or tlle other? 1\{r. KING. Yes, sir. (H., 469.) Mr. NEWBERRY. No, sir; I don't. I was the organization manager o! that Newberry campaign.- and I l Mr. ALFRED LucKI 'G. The fact is that since your father·s death your started out to make an organization that was the best one Michigan brother has practically run your business a.trairs? ever had. and I tried my best to do it_, and I think I did: (II" 472.) Mr. NEWBERRY. Ye , Air. • The man's impetuosity did not lead him intQ saying some- If that be true, then Truman H. Newberry, having charge of thing there that was untrue:. He said: " I started out to make his own brother's affairs, was contributing to his own account that the best campaign organiz.ntion that Michigan ever knew." when his brother contributed $99,900, becau e he had pTactical It is true that he did it, becal'lB.,e in the long and proud history of charge of the affairs of .John S. Newberry. that State, from the first year when she elected a Senator down Let us take a specimen of the methods resorted to by the through the silent years, she has contributed statesmen here, Newberry managers. George Murray was president of the Rail -she has contributed to the wealth .and strength .and glory of way Men's Relief A sociation, with 10,000 members, with head this Republic, but it was her nnigne distinction to give us a quarters at Muskegon. He was editor of the monthly magazin ·specimen of a political machine that could move with a celerity published by his association . .and a momentum theretofore unknown in politics. In May, 1918, Mr. King and Mr. Floyd came to him and paid The Quay machine and the Platt machine were mere tyros him $300 to work for 1\lr. ..,.ewb rry, and an additional $400 was compared to this one. This machine, without slipping a cog, -paid to the magazine and went into the as ociation's funds. without the presence of even the candidate to commit himself ' Up to that time Mr. Murray had not ait the same. I ha\e investigated his character, anu find that it stands the He who knows of the whereabouts of vouchers, books and test. • • • 1 1 trust that my friends among tt.e railway men of Michigan will records which- he suspects may in the future confound and em put their shoulders to the wheer and make this result absolutely cer ban·ass him spends but little time or effort to preserve such tain. The primaries come on August 27. * *' • t l?er.sonally indorse 1\Ir. Newberry's candidacy,. the man and the evidence. principle of sturdy Americanism which he represents. ' The testimony in this case sho\vs that the senatorial campaign in l\Iichigan in 1918 partook more of· the character of' an auc On August 8, 1918, nearly three weeks before the- primary elec tion than an election. its inception. to its conclusion it tion, Uu. Vandenberg, of the Gran.d Rapids Herald, wrote to From was a reckless and illegal foray of ormlent men-a foray con l\lr. ~ewberry as follows: ducted with a disregard of public morality and with a boastful DEAn. Sm: I desire to direct yoru· attention to certain phases flf the Michigan Republican senatorial campaign, which seem to demand very ness that"would be comical if it were not. sinister. If the des clear and explicit public statement from you well in advance of pri perate and dubious expedients resorted to in the senatorial con mary eledion. day, • • * I direct your attention to these spccifrc test in l\ficlligan in 191:8 to obtain a seat in this body were to charges which have appeared in responsible newspapers. become the general rule or the custom of persons seeking mem He then goes. on to point out that charges of·illegal and exces- bership here, then no man of limited means-indeed, no man iYe C:A-penditures of money have been made against l\Ir. New of ample fortune if honest--could enter the senatorial contest berry. l\ir. ~ re\Yberry replies cou.rteously and says in con with even a conjectural probability af success. clusion: To encourage the methods practiced in the senatorial, contest orr!rJ3a~k sf~t~ i~~ ~~~g:g me and appreciate the opportunity thus i.n 'l\licbigan in 1918 would be to embolden. and to multiply the I have not- paid nor am I obligated to pay anything· in connection most baleful assaults that can be made upon 1-epresentative with the senatorial primary, nor have I any official information thereof government. beyond the assurance of the Newberry committee that their accounts The testimony shows that the sitting Me.mbe"t wa.&•privy to will be- filed as required by law and all expenditures made only for such purposes as allowed by law. I have forwarded your letter to the com and inevitably, in the nature of eventS:, ha-d knowledg~ of those mittee, requesting them to send you a clear. cemprehenshrc, and ade facts concerning his own campaign, which scores of thousands quate statement for publication with your letter as you suggest. o.f men in l\Iiehigan well knew. He was warned by the- eilitor He then wrote a letter to his own business manager, inclos M the Grand Rapids Herald and bYi Lieut. Gov. Dickinson as ing :llr. Vandenberg's letter, and in w1iting to his business to the improper course of his campaign. His agents and man manageu he said, under date of August 9: agers kept him fully and con tantly. supplied with reports but I am inclosing a copy of my noncom.mital reply to the Grand Iapids he failed to put a stop to the disbursement of moneys~ made by paoplc, which co>ers the situati<>n in a. rather flimsy manner. his agents, with the obvious purpose of improperly influencing l\Ir. OWEN. What kind of a. manner? voter;::, and it is puerile to ay that a seat in this oody thus :\Ir. ASHURST. A rather flimsy manner. obtained p1ay not be declared vacant because, forsooth, the can ::u.r. CARAWAY. Would it interfere with the Senator if I didate !Eays he was oblivious to that one feature or his own cam should ask him a question? paign, which overshado,ved all othei.'& of the contest, which :\Ir. A.SHURS'R I will yield for a question. feature was.. so widely discussed and SO' notorious as to be ::Ur. CARAWAY. While the Senator is speaking of the letter known not only in ~lichigan but threugl10ut the length: aml which ~lr. Vandenberg had written to the junior Senator from breadth of the land. - ::\Iichlgan, the Senator will recall that Mr: Newberry tele- · Of all the persons inter~sted in that campaign. Truman H. graphed to Vandenberg in effect: "I am informed that the Newberry, the sitting Member, was the most· interested. He Newberry enatorial committee can justify this expenditure." was the candidate; he was the- man for and in whG.Se behalf Who informed him of that? That was on the 11th day of the expenENCEB]. spent at the primary was large--too large-* * *,'' and, fur Mr. HEFLIN. Mr. President, I suggest. the absence of a ther, "Your committee condemns the use of such a large sum of quorum. money in any primary campaign * * *." To these expr.es The PRESIDING OFFICER. The Secretary will ca.U the- :r;oll. sions I will simply add that the law and public policy also con The roll was called, and the following Senators answered to demn the use " of such a large sum of money in any primary their names : campaign." .Ashurst Dial Harriso.n ' McCormick The men who managed the campaign for Mr. ~ewberry, the Ba-ll · duPont He.fiin McKell aT Broussard Edge Hitchcock McKinley itting l\Iember, exhibited fertility, efficiency, and. industry that Bursum Elkins .Jones, N.Mex. MOset:t coul

-' 1006 OONGRESSION AL l{EOORD-HOUSE. JANUARY 10,

Owen Robinson Swanson Warren Mr. W A.LSH. Why does not the chairman of the committee Page Sheppard Townsend Watson, Ind. Peppet· Smith Trammell Willis have it printed as a committee document? Pittman Smoot Wadsworth Mr. KAHN. The chairman was of the impression that the Poindexter Spencer Walsh. Mass. Members of the House were very much interested in the .whole Pomerene Sutherland Walsh, Mont. subject, and the committee thought it might be well to have it Mr. HARRIS . . l\ly colleague [l\fr. WATSON of Georgia] is printed. absent on official business. Mr. MONDELL. It is a statement of facts, as I understand The PRESIDING OFFICER. Fifty-seven Senators having it, in regard to the real estate the Government owns. answered to their names, a quorum is present. 1\tlr. GARRETT of Tennessee. Is it expected that the full Mr. SPENCER. Mr. President, I understand the Senator committee will take some action on it? from Arkansas [l\lr. CARAWAY] desires to speak upon this mat· Mr. KAHN. The full committee will take orne action on it ter, but would much prefer to speak to-morrow, as he is not later. feeling very well this afternoon. Therefore I shall move that The SPEAKER. Is t here objection? the Senate take a recess until to-morrow. l\fr. DYER. What is the request? Mr. WADSWORTH. Is no other Senator ready to speak? The SPEAKER. That it be printed as a House document. Mr. SPENCER. I tmderstand not; but if any other Senator l\Ir. DYER. I ha ve no objection. · desires to speak this afternoon I shall, of course, not make The SPEAKER. The Chair hears no objection. the motion. CALL OF THE HOU SE. Mr. W ADSWOR'l'H. It is only 20 minute afte.r 4 o'clock. 1\Ir. GARRETT of Tennessee. Mr. Speaker, I make the point BECESS. of order that there is no quorum present. Mr. SPENCER. I move that the Senate take a recess until The SPEAKER. The gentleman from Tenne · ee makes the to-morrow morning at 11 o'clock. point of order that there is no quorum present. Evidently no The motion was agreed to; and (at 4 o'clock and 23 minutes quorum i · pre ent. p. m.) the Senate took a ' recess until to-morrow, Wednesday, Mr. MONDELL. l\lr . Speaker, I move the call. of the House. January 11, 1922, at 11 o'clock a. m. The motion was agreed to . . 'l'he roll was called and th following Members failed to a n wet' to t heir names: Ba rkley F ess Lanham Rainey, Ala. HOUSE OF REPRESENTATIVES. Beck Fi. h Larson. l\Iinn. Rainey, Ill. ~r~~: ~~~~ t t!:~~~i~ ~flr~~~: TuE DAY January 10 19!32. Bland, Ind. Fulmer Lineberger Rodenberg Bowers Gallivan McArt hur Ryan The House met at 12 o'clock noon. Brinson GoldRborough McDuffie l;nbath The Chaplain, Rev. James Shem l\lontgomer~· . D. D., offered Britten nould McFadden Schall Brooks , l'u. G1·cene. V t. Mansfield Shaw the following prarer : Cantrill Harrison Michaelson ' ' iegel Almighty God, somehow and eve'rywhere the darkness ·ettle Carter flerriclc Moore. Ill. Slemp Clark. Ir' la. Hooker l\Ioriu Smith, 1\iicb. only to be lifted by the morning light. Surely in Thee we have Cla s ~ on Humphreys l\Iott Stines our Fatherhood and over us is brooding Thy loYing patient Cockruu J ohnson, S.Da k. l\rudd 'trong, Pa. heart. We would not hide from Thy face, but we would look Cole, I owa Keller Xel ·on. John M. Sullivan Cramton K ennedy Kolan Tag ne up and beseech Thee to freely grant us pardon Qf all our sins. Cullen Kindred 0 ' nrie n Taylor, Colo. Enable us to be wisely jealous of all Thy right~ and help us Deal K irkpat ricl{ Ogden Tinkham to value this day in its immediate duty and see in it a helpful Dunn Kitchin Osborne Ward, N.Y. Dupre Knight Park, Ga. Wingo service for our country. As our time ebbs and flows lead us Echols Kt·eidE"r Patterson, N.J. Winslow forward, onward, and upward until we reach the e\ening of Edmond Langley Pou Woodyard life's little day. Through Jesus Christ our Lord. Amen. 'l'lle SPEAKER. Three hundred and thirty-nine Members The Journal of the proceeding of yesterday was read and have answered to their name. . A quorum is pre ·ent. The approved. Doorkeeper will open the doors. REALE 'TATE HELD RY THE WAR DEPARTMENT. The door wet·e opened. Me. \OLSTEAD. Mr. Speaker, I move to dispen with fur- 1\fr. KAHN. Mr. Speaker, I desire to have the following re ther proceeding under the call. . port of the subcommittee of the Committee on Military Affairs The SPEAKER.' The gentleman from Minnesota move that J)rinted as a House document for the use and information of .the further proceedings under the call lJe dispensed with. The ques Members of the House. tion is on agreei]lg to tha t motion. The SPEAKER. The gentleman ft·om California asks unani The question was taken, aud the Speaker announced that the mous consent to have printed as a House document a report " ayes " nppea red to have it. · which the _Clerk will report by title. Mr. GAHRETT of Tennessee. l\lr. Speaker, I a sk for a divi- The Clerk read as follows : sion. . Report of the subcommittee of the Committee ou Uilita ry Alia irs The SPEAKER. The gentlemn n from Tennessee a ks for a concerning real estate held by the War Department. division. . 1\Ir. WALSH. Mr. Speaker, reserving the right to object-- The Hou ·e out· Bulwinkle Clouse Davis, 1\finn. this is a report from a subcommittee to the full committee. Begg Burdick Codd Dempsey Nov;•, the full committee has not considered it? Benba.m Burke Coll", Iowa Denison Bird Rurt'oughs Cole, Ohio Dou~hton Mr. KAHN. No. And the full committee has not bad an Bixl r Burtness Colton Dowell opportunity even to see it, beca.use it is not printed. Blakeney ·Burton Connell Drewry