June 21, 1911 (2)

.Mr . .MURDOCK. Mr. Speaker, a parliamentary inquiry. This afternoon the House nonconcurred in the Senate amendment to House joint resolution 39 respecting the election of Senators by a direct vote of the people. My recollection of the parliamentary proceeding is that when the House nonconcurs in a Senate amendment we usually ask for a conference. Apparently we did not do that this afternoon, and I would like to inquire what physically now becomes of the House joint resolution? Is it messaged to the Senate?

The SPEAKER. It is sent back to the Senate.

Mr. MURDOCK. .And the Senate must now as"k for a conference?

The SPEAKER. If there is one; yes. ·

Mr. MURDOCK. Is that proceeding regular?

The SPEAKER. It is. The Chair will state that he inquired into it as particularly as it was possible to do, and he came to the conclusion, against his own first impression, that the procedure that was had was the correct procedure, and the message that will -be sent to the Senate is that the House refuses to concur in the Senate amendment.

Mr. UNDERWOOD. Mr. Speaker, by unanimous consent I like to state to the gentleman from Kansas that as there an even division in the vote in the Senate on this proposition, and as those who voted against concurring desired the Senate to have an opportunity to vote on the proposition as to whether they should recede or not before a conference was asked, the House did not ask for a conference for that reason, leaves it to the Senate to determine by another vote in the Senate as to whether they will recede from their amendment. ,

Mr. MURDOCK. Then this proceeding, I understand from gentleman from Alabama, is not the regular proceeding?

Mr. UNDERWOOD. Very often.

The SPEAKER. This proceeding has been pursued; that is, vote to disagree and send back has been done a dozen times.

Mr. MANN. I do not know that this will add to the gayecy of nations, but does the gentleman from Alabama contend now the Senate, by a majority vote, can recede from its amendand adopt the resolution without a two-thirds vote in the Mr. UNDERWOOD. I do; I do not think it requires a twothirds vote for the final vote. Mr. MANN. But the final vote has been had; that is the final vote. Mr. UNDERWOOD. But when the House sends it back to Senate it is in dispute between the two Houses. But if the Senate recedes it is a final vote, and must take a two-thirds vote.

Mr. Ul\TDERWOOD. I will say to the gentleman from IDithis discussion is purely academic.

I understand that; we do not have to state Mr. UNDERWOOD. And if we agree to a conference, after went back to the Senate from conference the Senate, by a majority -vote, could disagree or could agree, and I do not think that this changes the situation. The gentleman and I agree , anyway; it does not the procedure between the two Houses whether we ask for conference or not.

Mr. PAYNE. I would like to ask the gentleman from Alabama in that case where and in what way would the Senate a two-thirds vote adopt the House proposition?

Mr. FITi;GERALD. Let the Senate decide that. Mr. 'UNDERWOOD. U it receded there would be no vote on the amendment. l\Ir. PAYNE. By a majority vote? Mr. UNDERWOOD. No; it would have to be adopted by a two-thirds vote.

. Mr. PAYNE. Of course.

l\Ir. FITZGERALD. They could recede by a majority vote. Mr . .l\IANN. If the Senate recedes by a majority vote that Judiciary. ends the matter between the two Houses.

.Mr. FITZGERALD. They can adopt the resolution-­ Mr. JltlA.NN. That can only be by a two-thirds vote.

Mr. UNDERWOOD. I will say to the gentleman from Illinois, the purpose in the Senate is not to recede alone, but, as I understand it, there are some gentlemen in the Senate who desire to recede with an amendment, and if the Senate recedes with an amendment, why after the amendment is adopted by a majority vote, of course there will be a two-thirds vote required if the amendment comes back to the House.