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Show IS INVESTIGATION" A HABIT IN OUK NATIONAL AFFAIRS? By ROBERT N. STANFIELD It is manifest there has developed in the Congress of the United States a habit of "investigation," born of the spirit of the times. 1 do not wish to be understood as favoring the escape of the guilty, but I do most emphatically emphatic-ally deprecate Federal investigation tinctured with the spirit of partisan political rancor. The Congress, as an investigator, becomes in a sense a court of justice, end there is no proper place in court procedure for political billingsgate. Diatribe is just as much out of place in the Congress, sitting as a court, as :: would be out of place before the Supreme Court of the United States. I am inescapably driven to the conclusion, from my experience in the United States Senate, that altogether al-together too much time and energy en-ergy of the Senate (which is true also of the House) are taken up in jockeying for political advantage a habit that grows furious just preceding preced-ing biennial and quadrennial elections. The legitimate business of Government Govern-ment suffers from this evil. No great corporate business could even be organized, or-ganized, much less conducted successfully success-fully if similar methods were to prevail pre-vail in the business world. The affairs of the Government should always be expedited. This is the province and the duty of the people's representatives representa-tives in the Congress and in all the departments. These remarks apply with equal force ' to State governments. govern-ments. Growing out of the habit of Federal investigation shaving their roots in the notion of partisan advantage, a singular and most dangerous proced-, ure has developed in the Senate. It i sthe notion of judging for the States j the character and qualifications of their legally-appointed or elected Sen- ' ators. Under the broad Constitution-1 al powers given the Congress to be the judge of fitness of its own members, mem-bers, a querulous tendency has developed devel-oped which threatens the fundamental right of the States to estimate the fit-i.e.-s of their Congressional representatives. represen-tatives. This tendency is taking on the nature of a paternalism which assumes as-sumes that the States are sending '.heir bad boys to Congress, where, properly, the first thing to do to them is to spank them and send them home. I will not say that corrputions ir. elections (primary or regular) should be ignored, but I find myself wondering wonder-ing if the investigation of such alleged al-leged corruption may not properly be done by the States themselves with respect to elected officials chosen to represent the States in Congress. There would be manifestly little left for the Congress to do in the matter, after the States had issued their clear bills of health. The case of the Senator-elect from Illinois illustrates forcibly this querulous queru-lous tendency. I am unable to see in what re.-pect the status of Mr. Smith, as the legally-appointed U. S. Senator from Illinois, is affected by events tr. -inspiring in the process of his election elec-tion to that office. The Senate's action act-ion in this case looks like condemnation condem-nation before birth. If courts were similarly querulous, a citizen who had been indicted by a grand jury might be forbidden to enter en-ter the court-room on any other legitimate legiti-mate business. It would be broadly assuming that the man is guilty, in violation of the fundamental legal principle that an accused is considered consider-ed innocent until he is proven guilty. The case of Senator-elect Vare, of Pennsylvania, provides a topic for querulous query. Suppose the Vare case had this minute the same status as the Smith case with respect to corruption, cor-ruption, in the election would the House of Representatives proceed to unseat him, paddle him and put him on the train for Philadelphia? I wonder. The direct result of this querul-ousness, querul-ousness, in the case of Senator-elect Smith, is that the great State of Illinois Ill-inois is deprived of its legal quota in the Congress a wrong which the Senate should have hesitated to inflict. Moreover, I can see how such strained strain-ed procedure may lead to serious complications com-plications affecting the fundamental rights of the States a tendency to which I am opposed. In a broad sense, the certification of election issued to a Senator or Congressman-elect, is a certificate of character; so also is the certificate of appointment by the governor of a State. Jf there has been fraud in election el-ection ir appointment, the State becomes be-comes particeps criminis, does it not? Will the Coj-srets amplify its querul-ousne.-s ar.i us.Ier.ase the business of spar.k:::g .ovurn States ? V.'hh'i l'-ads me to ask in c'.osir.g: May r :v this cius.- of investigation of alU eu :o;-:";.:on is properly lei": -. ;i.c h..nos cf the S'.a.us? Every .v.uii.er i.i.es to as her own spanking of her ow.. ciuldrcn. |