A RESOLUTION AUTHORIZING THE PRESIDENT OF THE SENATE OF THE UNITED STATES SENATE AND S. Res. 324 (69th Congress) A RESOLUTION AUTHORIZING THE SELECT COMMITTEE ON 18996 MAY 8 and 19, 1928 PART 2 Printed for the use of the Special Committee Investigating UNITED STATES GOVERNMENT PRINTING OFFICE WASHINGTON 1928 SELECT COMMITTEE INVESTIGATING EXPENDITURES IN SENATORIAL PRIMARY AND GENERAL ELECTIONS JAMES A REED, Missouri, Chairman CHARLES L MCNARY, Oregon. ROBERT M. LA FOLLETTE, JR., Wisconsin. NOV 3 1928 DOCUMENTS DIVISION ELECTION OF A SENATOR FROM PENNSYLVANIA The special committee met pursuant to call, at 10.30 o'clock a. m., in room 412, Senate Office Building, Senator James A. Reed presiding. Present, Senators Reed of Missouri (chairman), Goff, King, and La Follette. There appeared before the committee William B. Wilson, the contestant, and Mr. Charles A. Douglas, Mr. Rowland B. Mahany, and Miss Agnes Hart Wilson, counsel for Mr. Wilson; William S. Vare, the contestee, and Mr. Edward A. Kelly, counsel for Mr. Vare; and Mr. A. R. Clapp, counsel for the special committee. The CHAIRMAN. The committee will come to order. Mr. Clapp, will you conduct the examination of Mr. Fox? Mr. CLAPP. Yes, sir. TESTIMONY OF CHARLES EDWIN FOX (The witness was sworn by the chairman.) Mr. KELLY. Senator, may I understand; do we have the right to cross examine if we so desire, and to put in any objections that we think are proper? The CHAIRMAN. You have the right to cross examine and to make any objections, of course. I hope, however, that you will not get down to technicalities on objections because there is nothing in that. Mr. KELLY. I understand this investigation, or this testimony of Mr. Fox, will be founded, of course, upon the Senate Resolution 195, and the amended resolutions of the Sixty-ninth and Seventieth Congresses. Am I right about that? The CHAIRMAN. It is supposed to come within the scope of the committee's authority. Mr. KELLY. That is, the special investigating committee? The CHAIRMAN. Yes. However, I suppose the committee will ask any questions it wants to. The witness is the person who should decline to answer. Mr. KELLY. That is true, but so long as I know at the beginning the scope of the investigation The CHAIRMAN. That is the general scope of it. We are trying to keep within the limits of our authority. Mr. Kelly, we want to get along. If you have any general objections to make we are not, of course, saving a record as we would in court, you understand, but there are certain things the committee wants to inquire about and we will give you what I think is most valuable to you, the right to cross examine. Mr. Clapp, you may proceed. Mr. CLAPP. Mr. Fox, you were district attorney of Philadelphia? Mr. Fox. Yes. Mr. CLAPP. During what period? Mr. Fox. From January of 1926 to January 1 of 1928. Mr. CLAPP. Previous to that time, what had been your experience as a public prosecutor? Mr. Fox. I was an assistant district attorney for 15 years prior to that. Mr. CLAPP. When did you resign as assistant district attorney? Mr. Fox. I resigned as assistant district attorney in May of 1925. Mr. CLAPP. You were recalled to the office? Mr. Fox. I was recalled to the district attorney's office in September of 1925, with request from the then district attorney, Mr. Rotan, to serve as special prosecutor of election cases. Mr. CLAPP. And you were special prosecutor of election cases for how long? Mr. Fox. From September of 1925 until I was appointed district attorney in January of 1926. Mr. CLAPP. Appointed by whom? Mr. Fox. The board of judges of the county of Philadelphia, Mr. Fox. In 1925 the term of the chief district attorney expired as of January 1, 1926. The successful candidate was Hon. John M. Patterson. He was elected, but died an hour after the closing of the polls at the general election in November of 1925. Under the law, that left the then incumbent, Mr. Rotan, free to serve until the next general election, a further term of two years. Mr. Rotan, however, decided to resign in January, 1926, and under the law, that threw the selection of a district attorney to serve the unexpired term of two years, before the board of judges. They were good enough to select me. Mr. CLAPP. While you were district attorney, what election cases were prosecuted under your charge arising out of the general election held in November, 1926? Mr. Fox. I want to say, Mr. Clapp, that part of my memoranda is a bit indefinite, because I was not fully aware just what data would be needed, and I had to bring my notes gathered from time to time, but my best recollection is that growing out of the general election of 1926 there were prosecuted the sixteenth division of the fourth ward; the eighteenth division of the third ward; the thirty-fourth division of the thirty-ninth ward; the twenty-second division of the forty-fifth ward; the second division of the thirty-sixth ward, and the twentyseventh division of the twenty-first ward. Mr. CLAPP. That last was a registration case? Mr. Fox. I believe it was. The CHAIRMAN. You say you prosecuted those divisions. What do you mean by that? Mr. Fox. They were registration frauds and primary election frauds, or general election fraud cases upon which arrests were made and indictments found, and those indictments were tried before the petit jury. |