Old Cavalrymen Never Quit

New Mexico's Patrick Jay Hurley, onetime (1902-07) Indian-fighting cavalryman and much later U.S. Secretary of War (under Herbert Hoover), is a man who can lose battles and still keep on trying to win the war. Three times (1946, 1948, 1952) he has tried to win a seat in the U.S. Senate, and each time he has failed. Last year, after Democratic Senator Dennis Chavez defeated him by only 5,375 votes, Republican Hurley cried fraud, contested the election, got the U.S. Senate to order an investigation. Last week, more than 13 months after the balloting, Pat Hurley still had a chance, albeit a slim one.

In Washington, the Senate subcommittee that has been investigating the election issued a preliminary report. By a 2-1 vote, it recommended that 30,000 ballots be declared void. Wyoming's Republican Senator Frank Barrett, subcommittee chairman, and Michigan Republican Charles E. Potter agreed that the secrecy of the ballot had been "flagrantly violated." Some districts had failed to provide separate voting compartments, as required by New Mexico law. Dissenting, Missouri Democrat Thomas C. Hennings argued that the violation of law was a technical one that had long been accepted in New Mexico, and does not constitute fraud.

If the 30,000 ballots were thrown out, Hurley would have about 5,000 more votes than Chavez. The subcommittee's vote is by no means a final action. Chairman Barrett said that he plans further investigation, may not file a formal report for another six weeks. Then, the recommendation will go to the Senate Rules Committee, which will report to the Senate. Unless Iraud is clearly shown, a majority of Senators almost certainly will stand by Colleague Chavez. On one other point, however, there was even greater certainty: having won a skirmish, old (70) Cavalryman Hurley is sure to dig in his spurs and ride harder than ever.

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