power to punish for contempt should be invoked only in extreme cases and after every indulgence and resource of a committee of the Senate has been exhausted.

Therefore, your committee reports the further and continued obduracy of the said Samuel Insull and Daniel T. Schuyler, and recommends that they be adjudged in contempt of your committee and of the Senate of the United States.

The witness Cunningham refused to amplify his testimony in any particular, stood on his previous refusals to answer the interrogatories propounded to him, and defied the jurisdiction of your committee.

Your committee therefore reports the defiant and contumacious conduct of the said witness, Thomas W. Cunningham, and recommends that he be adjudged in contempt of your committee and of the Senate of the United States.

Respectfully submitted.

O

Mr. REED of Missouri, from the Special Committee Investigating Expenditures in Senatorial Primary and General Elections, submitted the following

REPORT

[Pursuant to S. Res. 1]

THE CASE OF FRANK L. SMITH

The special committee appointed pursuant to Senate Resolution 195, Sixty-ninth Congress, and the various resolutions supplementary thereto, to whom Senate Resolution 1, Seventieth Congress, first session, was referred, respectfully reports on the case of Frank L. Smith, as follows:

That heretofore, to wit, on the 16th day of December, 1926, said committee reported its proceedings touching the primary in Illinois at which the said Frank L. Smith was nominated as a candidate of the Republican Party for the United States Senate. Said report is hereby incorporated by reference.

Your committee begs to report that after the passage of Senate Resolution 1, Seventieth Congress, first session, the following proceedings were had:

On the 13th day of December, 1927, the committee sent to Mr. Frank L. Smith the following telegram:

The special committee at its meeting this morning agreed to take up and consider your case at the earliest possible time in which you are prepared to proceed. The committee suggests and would like to hold its meeting beginning Friday, December 16. If you can be ready on that date, please wire immediately to that effect. If this is not possible, then indicate at once the earliest possible date when you can be in readiness. In this connection the committee will accord you every privilege to submit such evidence, produce such witnesses as you desire, and will be pleased to hear any statement which you may care to make either in person or by counsel. The committee will also accord you the full privilege of representation by counsel. Your earliest possible reply is solicited.

On December 14 the committee received from Mr. Smith his reply to the foregoing telegram, said reply being as follows:

I have for acknowledgment your telegram of yesterday indicating the special committee of the United States Senate to which my right to take the oath of