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A RESOLUTION RELATIVE TO THE SEATING OF
FRANK L. SMITH AS A SENATOR FROM
THE STATE OF ILLINOIS

JANUARY 22 AND 29, 1927

PART 1

Printed for the use of the Committee on Privileges and Elections

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1927

SENATOR FROM ILLINOIS

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SATURDAY, JANUARY 22, 1927

UNITED STATES SENATE,

COMMITTEE ON PRIVILEGES AND ELECTIONS,

Washington, D. C.

The committee met, pursuant to the call of the chairman, at 10 o'clock a. m., in the room of the Committee on Privileges and Elections in the Capitol, Senator Richard P. Ernst presiding.

Present: Senators Ernst (chairman), Watson, Shortridge, Greene, Deneen, Edge, King, George, Neely, Stephens, Smith, and Caraway. There appeared before the committee in this executive session Oscar E. Carlstrom, attorney general of the State of Illinois; Cyrus E. Dietz, assistant attorney general of the State of Illinois; and on behalf of Frank L. Smith personally, James M. Beck, Cornelius J. Doyle, and James G. Condon; William H. Culver, secretary to Mr. Smith; and Mr. William C. Barnes.

The CHAIRMAN. The committee has been called together to consider the resolution which was offered by Mr. Reed of Missouri, which is as follows [reading]:

Resolved, That the question of the prima facie right of Frank L. Smith to be sworn in as a Senator from the State of Illinois, as well as his final right to a seat as such Senator, be referred to the Committee on Privileges and Elections; and until such committee shall report upon and the Senate decide such question and right, the said Frank L. Smith shall not be sworn in, or be permitted to occupy a seat in the Senate.

The said committee shall proceed promptly and report to the Senate at the earliest possible moment.

I thought that it would be well for the committee to have a conference this morning to determine what our method of procedure should be. We are all anxious to expedite the matter, and we would like to have suggestions from those who represent Mr. Smith, and if there be anybody here who is expected to take a position against Mr. Smith, we would like to hear from him or from them.

Mr. CARLSTROM. Mr. Chairman and gentlemen of the committee, I am attorney general of the State of Illinois. My purpose in rising is merely to enter my appearance in the proceeding representing the State of Illinois.

The CHAIRMAN. Have you any suggestions to make, representing the State of Illinois, with respect to the procedure in this case?

Mr. CARLSTROM. Not that I care to make at this time. I have arrived only this morning in Washington. I prefer to leave that to the counsel who have been here on the ground and are more thoroughly familiar with the matter than I.

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