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(Senate Resolution 324, Sixty-ninth Congress, second session)

Whereas William B. Wilson, of the State of Pennsylvania, has presented his petition to the Senate of the United States contesting the election of William S. Vare as a Senator from Pennsylvania in the election held on the 2d day of November, 1926; and

Whereas the said William B. Wilson charges in his petition fraudulent and unlawful practices in connection with the nomination and in connection with the alleged election of the said Vare as Senator from the State of Pennsylvania, and that unless preserved for the use of the Senate certain evidence relating to said charges and said election will be lost or destroyed; and

Whereas the special committee of five organized under Senate Resolution Numbered 195, Sixty-ninth Congress, first session, by direction of the Senate has entered upon an investigation pertaining to alleged corrupt practices in the election held November 2, 1926, and in the primary preceding it in the State of Pennsylvania: Therefore be it

Resolved, That the special committee of five constituted under Senate Resolution Numbered 195, Sixty-ninth Congress, first session, in addition to and not in detraction from the powers conferred in said resolution be, and it is hereby, authorized and empowered:

(1) To take possession, in the presence of the said William S. Vare or his representative if the said William S. Vare desires to be present or to have a representative present, and preserve all ballot boxes and other containers of ballots, ballots, return sheets, voters' check lists, tally sheets, registration lists and other records, books and documents used in said senatorial election held in the State of Pennsylvania on the 2d day of November, 1926.

(2) To take and preserve all evidence as to the various matters alleged in said petition, including any alleged fraud, irregularity, unlawful expenditure of money, and intimidation of voters or other acts or facts affecting the result of said election.

(3) That said committee is hereby vested with all powers of procedure with respect to the subject matter of this resolution that said committee possesses under Resolution Numbered 195, Sixty-ninth Congress, first session, with respect to the subject matter of that resolution.

(4) That the Sergeant at Arms of the Senate and his deputies are directed to attend the said special committee and to execute its directions. That the said special committee may appoint subcommittees of one or more members with power and authority to act for the full committee in taking possession of evidence and in the subpænaing of witnesses and taking testimony.

Resolved further, That the expenses incurred in carrying out this resolution shall be paid from the contingent fund of the Senate upon vouchers ordered by the committee or any subcommittee thereof and approved by the chairman of the committee, the cost of same not to exceed $15,000.

(Senate Resolution 324, as reported, Sixty-ninth Congress, second session]

Whereas William B. Wilson, of the State of Pennsylvania, has presented his petition to the Senate of the United States contesting the election of William S. Vare as a Senator from Pennsylvania in the election held on the 2d day of November, 1926; and

Whereas the said William B. Wilson charges in his petition fraudulent and unlawful practices in connection with the nomination and in connection with the alleged election of the said Vare as Senator from the State of Pennsylvania, and that unless preserved for the use of the Senate certain evidence relating to said charges and said election will be lost or destroyed; and

Whereas the special committee of five organized under Senate Resolution Numbered 195, Sixty-ninth Congress, first session, by direction of the Senate has entered upon an investigation pertaining to alleged corrupt practices in the election held November 2, 1926, and in the primary preceding it in the State of Pennsylvania: Therefore be it

Resolved, That the special committee of five constituted under Senate Resolution Numbered 195, Sixty-ninth Congress, first session, in addition to and not in detraction from the powers conferred in said resolution, be, and it is hereby, authorized and empowered:

(1) To take possession, in the presence of the said William S. Vare or his representative if the said William S. Vare desires to be present or to have a

representative present, and preserve all ballot boxes and other containers of ballots, ballots, return sheets, voters' check lists, tally sheets, registration lists and other records, books and documents used in said senatorial election held in the State of Pennsylvania on the 2d day of November, 1926.

(2) To take and preserve all evidence as to the various matters alleged in said petition, including any alleged fraud, irregularity, unlawful expenditure of money, and intimidation of voters or other acts or facts affecting the result of said election.

(3) That said committee is hereby vested with all powers of procedure with respect to the subject matter of this resolution that said committee possesses under Resolution Numbered 195, Sixty-ninth Congress, first session, with respect to the subject matter of that resolution.

(4) That the Sergeant at Arms of the Senate and his deputies are directed to attend the said special committee and to execute its directions. That the said special committee may appoint subcommittees of one or more members with power and authority to act for the full committee in taking possession of evidence and in the subpænaing of witnesses and taking testimony

Resolved further, That the expenses incurred in carrying out this resolution shall be paid from the contingent fund of the Senate upon vouchers ordered by the committee or any subcommittee thereof and approved by the chairman of the committee, the cost of same not to exceed $15,000 in addition to the moneys heretofore authorized to be expended.

The CHAIRMAN. At this meeting it was decided to invite Mr. Vare and Mr. Wilson to be present in person or by their attorneys at a meeting to be held to-morrow, Thursday, January 13, 1927, at 10 o'clock a. m.

ELECTION OF A SENATOR FROM PENNSYLVANIA

THURSDAY, JANUARY 13, 1927

UNITED STATES SENATE,
SPECIAL COMMITTEE ON EXPENDITURES

IN SENATORIAL ELECTIONS,

Washington, D. C. The committee met, pursuant to adjournment, at 10 o'clock a. m. in the office of Senator Reed of Missuori, room 417, Senate Office Building, Senator James A. Reed presiding:

Present: Senators Reed of Missouri (chairman), La Follette, and King, Senator McNary and Senator Goff, the other members of the committee, being elsewhere engaged in official business.

There appeared before the committee Mr. William S. Vare in person, accompanied by his secretary, Mr. Wilbur Moore.

Mr. William B. Wilson appeared by his secretary, Miss Agnes Hart Wilson, and by his counsel, Mr. Rowland B. Mahany.

There also appeared Mr. A. R. Platt and Mr. Edward C. Paxton, representing the Committee of Seventy of the City of Philadelphia.

The CHAIRMAN. The committee asked Mr. Vare and asked Mr. Wilson to appear here this morning.

The action of the Senate in the resolution calls on this committee to impound and safely keep the ballots cast in the last Pennsylvania election, the purpose, of course, being ultimately to count those ballots if it becomes necessary in the further progress of the hearings.

The bringing of the ballots to Washington is a large task, and the bringing of them here under such safeguards as will insure their integrity is a matter that we felt we would like to have the counsel and cooperation of interested parties regarding.

Among other things, we wanted to ask both sides to sign a joint request to the authorities holding these ballots in their possession to deliver them to the Sergeant at Arms of the Senate, or his office, and I want to ask now if that would be agreeable?

Mr. VARE. That would be prefectly agreeable to me; and I might add, Mr. Chairman, in view of the fact that Mr. Madden, chairman of the Committee on Appropriations of the House, has not been very well, and I have considerable work here in connection with that committee, if it could be arranged by the committee, it would seem to me that the work could be expedited more at Washington than it could by going to different parts of the State of Pennsylvania.

The CHAIRMAN. The purpose is to have all these ballot boxes brought to Washington. What we want, if it is agreeable to you, is to have you sign a letter to be delivered to the Sergeant at Arms of the Senate and directed to the custodians of these ballot boxes,

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consenting to their delivery, and requesting their delivery, to the Sergeant at Arms of the Senate so that they can be brought here.

Mr. VARE. I shall very gladly sign such a letter. May I add, Senator, that under the laws of Pennsylvania-I am speaking of Philadelphia County—as I recently announced in the public press, no power can destroy any of those ballots within two years. For instance, it has been suggested that the holding of two special elections might interfere with the preservation of the ballots. Speaking for Philadelphia County, it is extremely doubtful if there will be any special elections. There is considerable doubt whether in the short term of the senate, such a large expense will be justified, the joint assembly having fixed April 14 for its final adjournment; but aside from that fact, under the laws of Pennsylvania, all ballots must be preserved for two years, regardless of any intervening election.

Senator King. If an intervening election were held, would the ballots now existing be taken from the boxes and those boxes used for the next election?

Mr. VARE. Oh, no.

The CHAIRMAN. I think we understand that, do we not? We are going to get them

anyway, right away, Senator King. Yes; but I just wondered.

Mr. VARE. I think they have three separate keys to each ballot box, and the three different authorized agents must be present. That is my recollection as to the care and custody of the ballots.

Senator KING. We will have to get the three keys, then.

Mr. MAHANY. I would like to say for the information of Mr. Vare that a very careful investigation was made by different Pennsylvania attorneys with regard to the preservation of these ballots for two years, and one of the attorneys, speaking from Harrisburg, after an interview with the Attorney General, said that whatever custom prevails in that regard in Pennsylvania, there is nothing in the law except the straight statement that at the end of one year, immediately on the swearing in of the election officers or those authorized to hold the election, these ballots shall be burned and utterly destroyed.

The CHAIRMAN. Gentlemen, I do not believe we need, for the present, for the purposes of this committee just now, to discuss that further. We understand that the ballots may be some time destroyed, and the present purpose is to get the ballots here and get in shape so that they can be counted at the earliest possible time and the matter settled.

Mr. VARE. What I want to say, Mr. Chairman, is this, that I want to cooperate in every way and give the committee every possible assistance in order to be helpful and to bring out any information that the committee may want.

The CHAIRMAN. All right.
Senator King. How does that agree with you, Mr. Mahany?
Mr. MAHANY. Absolutely, sir.

The CHAIRMAN. That is a good spirit, and I am glad to see that on all hands.

The committee is not yet advised fully as to the counties in which it is claimed improper ballots were cast or improper counts were had. The work could possibly be greatly simplified if the contending parties

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