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ELECTION OF A SENATOR FROM PENNSYLVANIA

WEDNESDAY, JANUARY 12, 1927

UNITED STATES SENATE,

SPECIAL COMMITTEE ON EXPENDITURES
IN SENATORIAL ELECTIONS,
Washington, D. C.

The committee met, pursuant to the call of the chairman, at 7.05 o'clock p. m. in the Senate Office Building, Senator James A. Reed (chairman) presiding, and held a short meeting for consultation relative to the investigation of those matters involved in the Pennsylvania election, which were referred to the committee under the terms of the resolution originally creating the committee, as supplemented and extended by the resolution of January 10, 1927, which said resolutions are as follows:

[Senate Resolution 195, Sixty-ninth Congress, first session]

Resolved, That a special committee of five, consisting of three members selected from the majority political party, of whom one shall be a progressive Republican and of two members from the minority political party, shall be forthwith appointed by the President of the Senate; and said committee is hereby authorized and instructed immediately to investigate what moneys, emoluments, rewards, or things of value, including agreements or understandings of support for appointment or election to office have been promised, contributed, made or expended, or shall hereafter be promised, contributed, expended, or made by any person, firm, corporation, or committee, organization, or association, to influence the nomination of any person as a candidate of any political party or organization for membership in the United States Senate, or to contribute to or promote the election of any person as a member of the United States Senate at the general election to be held in November, 1926. Said committee shall report the names of the persons, firms, or corporations, or committees, organizations, or associations that have made or shall hereafter make such promises, subscriptions, advancements, or payments and the amount by them severally contributed or promised as aforesaid; including the method of expenditure of said sums or the method of performance of said agreements, together with all facts in relation thereto.

Said committee is hereby empowered to sit and act at such time or times and at such place or places as it may deem necessary; to require by subpoena or otherwise the attendance of witnesses, the production of books, papers, and documents, and to do such other acts as may be necessary in the matter of said investigation. The chairman of the committee or any member thereof may administer oaths to witnesses. Every person who, having been summoned as a witness by authority of said committee willfully makes default, or who, having appeared, refuses to answer any question pertinent to the investigation heretofore authorized, shall be held to the penalties provided by section 102 of the Revised Statutes of the United States.

Said committee shall promptly report to the Senate the facts by it ascertained.

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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 subpoenaing 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 subpoenaing 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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