would specify the particular counties they desire to have investigated, and would agree or advise the committee that the other counties not so specified can be taken as correctly voted and returned. To make my statement a little clearer, if Mr. Wilson charges that there has been fraud in certain counties, if the committee were to make an investigation only of those counties, it would still remain that Mr. Vare might claim there were frauds adverse to him in the other counties; so that the committee would like to know whether both sides are agreeable to the selection of certain counties and treating the returns from other parts of the State as correct. The committee does not expect its request to be answered immediately, but does ask that if possible the parties agree upon the counties that are to be investigated, and if it is practicable, to agree that the other counties shall stand upon the face of the returns. However, we would like to have an answer to this question, if it is possible, by to-morrow, because we might save the Sergeant at Arms an immense amount of work in bringing down to Washington the ballots that are not to be contested; and if the two sides here represented can get together and agree, it will accommodate the committee and will save us a great amount of work. Will you have an attorney, Mr. Vare, in this matter? Mr. VARE. Oh, yes. I will try and make an answer to that question at the earliest opportunity. I will get on the long-distance telephone as soon as I leave here. The CHAIRMAN. Of course, we can have all of these ballots and records brought here; but from what has been stated to me—and that binds nobody, but it is all the light we have-we have heard no complaint as to the great part of the State of Pennsylvania. We have had specific complaints from a few counties. Those complaints have come from what I may term the Wilson side of this controversy. But, on the other hand, we fully realize that Mr. Vare might have complaints as to other counties which would, in his judgment, offset anything that might be shown in the counties Mr. Wilson complains about. Nevertheless, the committee hopes that this controversy may be narrowed to such counties as will determine the result justly, and, of course, it does not want to bring here all the ballot boxes from all the counties of Pennsylvania, if it can be avoided with justice to everybody. So, if you could give us that answer before the Sergeant at Arms actually begins the work of getting the boxes, it would be an accommodation to us. Mr. VARE. Let me illustrate, Senator. There are more than 8,300 precincts in the State. I have just had a rough survey made of 139 precincts in the State. Those returns show that I received only 480 votes in the whole 139 precincts. What the rest of the State will show remains to be seen. The CHAIRMAN. Of course, Mr. Vare, the committee has not the slightest desire to dictate to the parties on either side, and as certainly the committee has not the slightest desire to do any injustice to either side. All that we are asking is that you consider the suggestion, and that if it is to be in any way accepted, it be done promptly so that we may avoid the work of bringing these ballots and the boxes here. Senator KING. I think of nothing else, Mr. Chairman. The CHAIRMAN. Let me make this suggestion: You might agree to the matter I have suggested, with the right thereafter, if you discovered anything, to then amend your request. That is to say, you might agree perhaps to say that certain parties should be brought in at once, and say that that would be satisfactory unless in the future. you made requests for other ballot boxes. I do want to avoid, if it is possible, the bringing of a carload of ballot boxes down here. For instance, I can see where Mr. Vare, with his 139 precincts, might want those, and then he might, on checking the other counties over, find others that might be rather startling in their records and he might specify those. Further investigation might lead him to want other ballots. And what I now say of Mr. Vare would be equally true of the other side. It would then be a very simple matter to go over there and get the ballot boxes from Philadelphia and from Pittsburgh, and from these 139 precincts, and perhaps some other places. If we started to get them all, we would have a tremendous task. You might perhaps arrange to-day to agree on the ones that each side thinks ought to be brought here, with the reserved right of asking for others. I wonder if you could not do that and notify us to-day? Mr. MAHANY. That seems to me very reasonable; but I, of course, do not want to force Mr. Vare's hand. The CHAIRMAN. We do not want to force anything. It is quite probable, from what I hear, that from Philadelphia County and Allegheny County the boxes would be required, and they could be brought here immediately. Mr. MAHANY. There are some others, Senator. (The following letter was dictated by the chairman in the presence of all the persons heretofore named as present at this session, was presented to Mr. Vare, was read by him and signed by him in duplicate:) Mr. MAHANY. Will Miss Wilson sign this for her father, or will I? The CHAIRMAN. You had better sign it, Mr. Mahany. Mr. Mahany signed the letter in duplicate, which is here printed in the record, as follows: JANUARY 13, 1927. To all officers of the Commonwealth of Pennsylvania, and to all officers of the several counties of the Commonwealth of Pennsylvania, and to all other persons whomsoever who have care, charge, custody, or control of any of the ballot boxes, ballots, return sheets, tally sheets, poll lists, voter's check lists, ballot check lists, registration lists, of the election holden on November 2, 1926: You, and each of you, are hereby respectfully requested to deliver to the Sergeant at Arms of the United States Senate, or to his deputies or authotized representatives, any and all of said ballot boxes, ballots, return sheets, tally sheets, poll lists, voter's check lists, ballot check lists, registration lists which concern the aforesaid election. The undersigned hereby joins in this request, to the end that all of the aforesaid boxes, ballots, and documents may be delivered into the custody of the special committee of the United States Senate appointed to investigate said election. You are hereby requested in each instance where you are in custody of said ballot boxes and ballots to join with the representative of the Sergeant at Arms of the United States Senate in sealing said boxes in such manner as the Sergeant it Arms may direct, and in authenticating said seal in such manner as he shall request. (Executed in duplicate, Jan. 13, 1927.) WM. S. VARE. Mr. VARE. I want to cooperate in every way, Mr. Chairman, but I do want the right the same right that Mr. Wilson has--to have counsel, and to withdraw my action to-day; and that applies even to the signing of this document. The CHAIRMAN. Let me ask you this: Mr. Vare, you this morning mentioned some 139 precincts in which you stated your vote was very small. Mr. VARE. A total of 480 votes in the 139 precincts. The CHAIRMAN. Will you furnish to the Sergeant at Arms a list of those precincts, and the committee will endeavor to have the records of those precincts obtained immediately. If you will furnish that, we will try to proceed to the points that we know are to be contested, at once. At the same time we will get all of them as soon as possible, but we will give the preference in gathering up these ballots to the precincts where we now know there may be some question raised. 1 (Thereupon, at 10.45 o'clock a. m., the committee adjourned, subject to the call of the chairman.) ELECTION OF A SENATOR FROM PENNSYLVANIA SATURDAY, JANUARY 15, 1927 UNITED STATES SENATE, EXPENDITURES IN SENATORIAL ELECTIONS, Washington, D. C. The committee met, pursuant to the call of the chairman, at 11 o'clock a. m. in the Senate Office Building, Senator James A. Reed presiding. Present: Senators Reed of Missouri (chairman), Goff, McNary, La Follette, and King. There appeared before the committee Mr. William S. Vare; Mr. William B. Wilson; Mayor Freeland Kendrick, of Philadelphia; Prothonotary John M. Scott of the Court of Common Pleas, of Philadelphia; Mr. Samuel B. Scott, chairman of the registration commission in and for the county of Philadelphia; and Miss Marie O'Connell, Mr. Benjamin H. Renshaw, Miss E. Lois Clement, and Mr. William Reinhart, members of the said registration commission; Mr. Charles A. Douglas and Mr. Rowland B. Mahany, counsel for Mr. Wilson; Mr. Joseph P. Gaffney, city solicitor of Philadelphia; and Mr. Owen J. Roberts, counsel for Prothonotary Scott. The CHAIRMAN. The committee will be in order. Mr. Barry, will you kindly tell the committee what progress you have made in the matter of securing the evidence we asked you to get? STATEMENT OF DAVID S. BARRY, SERGEANT AT ARMS, UNITED STATES SENATE Sergeant at Arms BARRY. Mr. Chairman, when we went over to Philadelphia the mayor and the prothonotary expressed a willingness to cooperate with us in every way, and did so. But they found it would require a court order to get the ballot boxes and other paraphernalia. After we consulted with the committee by telephone, that part of it was allowed to go until you could have a meeting here. But before coming away we sealed the rooms in which the ballot boxes are. There are three or four thousand metal cases. I do not know how they could be handled. The mayor said he would be very glad to help us get them into freight cars, help with the trucking, and would give us assistance in every way. So we thought we had better seal the rooms in which those boxes were. After having that served subpoenas upon the board of registration-five members of board-and the counsel, and serving subpoenas upon the prothonotary and the mayor, to whom they were directed, we then went to |