August 1, 1917

· The PRESIDENT . pro tempore. Is ther e a call for the yeas and nays?

Mr. STONE. I asked for the yeas and nays, but some Senator asked to have the amendment read.

The yeas and nays were ordered.

The PRESIDENT pro tempore. The Secretary will first read the amendment. · ·

The SECRETARY. In lieu of section 3 as in the joint resolution insert: ·

SEc. 3. The Congress shall have power to enforce this · article by appropriate legislation; but this article shall not be enforced until the Congress shall _ have made provision for the ascertainment - and payment of damages to the property employed in the manufacture of said liquors resulting from the enforcement of this article, under such rules of evidence as Congress may provide.

Mr. BRANDEGEE. Mr. President, a parliamentary inquiry.

The PRESIDENT pro tempore. The · Senator from Connecticut will state it.

· Mr. BRANDEGEE. Does the Senator intend to - use the 'language " in lieu of section 3 "? As the amendment is drawn · it is in lieu of section 3, and there are but two sections in the joint resolution. •

Mr. STONE. No; I presented it as a section to be inserted at the proper place ·

5663

Mr. BRANDEGEE. Then the language "in lieu of section 3" should be stricken out. -

The PRESIDENT pro tempore. A second section has already been added. The yeas and nays are ordered, and the Secretary will call the roll on the amendment of the Senator from Mis . souri.

The Secretary proceeded to call the roll. •

Mr. McCUMBER (when his name was called). I have a · pair with the senior Senator from Colorado [l\fr. THOMAS]. Not knowing what his vote on this amendment would be, I am compelled to withhold my vote.

Mr. MYERS (when his name was called). I transfer my pair with the Senator from Connecticut [l\Ir. McLEAN] to the Senator from South Dakota l¥r. JoHNSON] and vote "nay."

Mr. ROBINSON (when his name was · called). On this vote I am paired with the Senator from Michigan [1\fr. TowNSEND]. I therefore withhold my vote. ·

Mr. SHAFROTH (when Mr. THoMAs's name • was called). I wish to announce the unavoidable . absence ~f my colleague [Mr.

on account of illness. ·

The roll call was concluded.

Mr. MARTIN. I desire to state that the senior Senator from Maryland [Mr. SMITH] is detained from Chamber by illness. He is paired with the senior Senator from Vermont [Mr. DILLINGHAM).

Mr. CURTIS. I desire to announce the following pairs:

The Senator from Vermont [Mr. DILLINGHAM] with the Senator from Maryland [Mr. SMITH] ; ttnd ·

The Senator from West Virginia [Mr. GoFF] with the Senator from South Carolina [Mr. TILLMAN].

The result was announced-yeas 31, nays 50, as follows :

YEA.S-31.

Hardwick Penrose Stone

Broussard Hollis Phelan Underwood Calder James Pittman Wadsworth France Johnson, Cal. Pomerene Warren Frelinghuysen La Follette Ransdell Watson

Lodge Reed Weeks ,

, Gore New · Saulsbury Williams Harding New lands Sherman

NAYS-50.

Ashurst Hale Martin Smith, Mich, Bankhead Hitchcock Myers Smith, S.C.

Jones, N.Mex. Nelson Smoot -

Borah Jones', Wash. Norris . Sterling Brady Kellogg Overman Sutherland Chamberlain Kendrick Owen Swanson Colt Kenyon Page · Thompson Culberson King . Poindexter Trammell Cummins Kirby Shafroth "'Vardaman CurtiS Knox Sheppard Walsh r • Fernald Lewis Shields Wolcott ... r Fletcher McKellar Simmons -- Gronna McNary Smith, Ga.

NOT VOTING-15.

Dillingham Hughes McLean Thomas

Rusting · Robinson Tillman

Gallinger Johnson, S. Dak. Smith, Ariz. • ‘Townsend Goff McCumber Sm.ith,Md.

So 1\11:. STONE's amendment was rejected.

The PRESIDENT pro tempore. The joint resolution is stu~ as in Committee of the Whole and open to amendment. -

Mr. PHELAN. My amendment is on the desk, Mr. President. . The PRESIDENT pro tempore. It will have to be called up i~ the Senator desires a vote upon it.

1\:lr. PHELAN. I desire to call it up and ask that it be sul>~ mitted to the Senate. -

The PRESIDENT _ pro tempore. The Secretary will read the amendment submitted by the Senator from California [1\I.t:. PHELAN].

The SECRETARY. It is proposed to insert as a substitute :

Resolved by the Senate and House of Representatives of the United States of .America in Congress assembled (two-thirds of each Hottso concurring therein), That - the following two amendments to the Constitution be, and hereby are, proposed to the States 1 to become valid as a part of the Constitution when ratified by the legislatures of the several States as provided by the Constitution.

ARTICLE -.

SECTION 1. The manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, and the exportation thereof from, the United States and all Territories subject to the jurisdiction thereof for beverage purposes is hereby prohibited: Provided, That this article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several Sta . tes, as provided in the Constitution, on - or before ·· the 1st day of July, .A. D. 1923.

SEc . 2. The Congress shall have power to enforce this article by appropriate legislation. - '

ARTICLE --'·

SECTION 1. The manufacture, sale, or transportation of distillell spirituous liquors within, the importation thereof into, or the exportation thereof from, the United States and alL Territories subject to the jurisdiction thereof for beverage purposes is hereby prohibited: Provid e d That this article shall be inoperative unless it shall have been ratlfi ~ u as an amendment to the Constitution by the legislatures of the se-v e ral States, as provided in the Constitution, on or before the 1st Fall "~~ day of Juiy, A. D. 1923. .

SEc. 2. The Congress shall have power to enforce this article by Goft' appropriate legislation.

Mr. BORAH. Is an amendment in order to the substitute?

The PRESIDENT pro tempore. The Chair would so rule. .- l\Ir. BORAH. I move to strike ou the oate "1923" where it appears and insert" 1927."

1\Ir. PHELAl~. I have no objection ~o that modification. ...- 1\Ir. BORAH. The mover of the proposed amendment accepts the amendment, and the question is · on the proposal of the Senator from California as modified.

The PRESIDENT pro tempore. The question is on agreeing to the amendment of the Senator from California as modified. ment. i ;< " [Putting the question.] The noes seem to have it.

Mr. PHELAN. I ask for tile yeas and nays. .

The yeas and nays were not order;ed.

The PRESIDENT pro tempore. · The noes ha"Ve it and the amendment is not agreed to.

1\Ir.l\TEWLANDS. I move that the joint resolution be amended by substituting the word "distilled" for the word "intoxi­ lows: eating,” in line 10, page 1, so that the article will read as follows: . . .. Section 1. The manufacture, sale, or transportation <?f distilled liquors within, the importation thereof into, or the exportation thereof from the United States and all terntory subject to the jurisdiction there'of for beverage purposes is hereby prohibited. .

The PRESIDENT pr<ltempore. The question is on the amendment of tb~ Senator from Nevada.

Mr. NEWLANDS. I ask the Secretary to read the amendment.

The PRESIDENT pro tempore. The Secretary will read the amendment.

The Secretary. On , page 1, line 10, strike out the word " intoxicating," before the word" liquors," and insert in lieu thereof the word "distilled," so that it will read " manufacture: sale, or transportation of distilled liquors."

The PRESIDENT pro tempore. The questi9n is on agreeing to the amendment of the Senator from Nevada. [Putting the question.] The noes seem to have it.

· 1\fr. NEWLANDS. I ask for the yeas and nays.

· The yeas and nays were ordered, and the Secretary proceeded .,· .. to call the roll. . · . ~·~­ nouncing my pair with tpe Senator from Colorado [l\fr. THoMAS] .. ~ ..., .. --..: ...... . ., Mr. McCUMBER (when his name was called). Again an­ / I withhold my vote. ~ ... Mr. l\IYERS (when his name was called). I make the same announcement of the tranSfer of my pair as before and vote

11 nay."

1\Ir. ROBINSON (when his name was called). I again announce - my · pair with the Senator from Michigan [Mr. TownsEND]. Being unable to secure a transfer. I withhold my vote. lf at liberty tj) vote, I would vote "nay."

1\fr. MARTIN (when the name of Mr. SMITH of Maryland was called). I desire to state that the senior Senator from Maryland [Mr. SMITH] is detained .from the Chamber by illness. He is paired with the senior Senator from Vermont [Mr. DIL­ . ' ~GHAM]. · I ask that this statement may be considered as applying to all the votes that have been taken and to such votes as may be taken up to the time of adJournment to-day.

The ron call was concluded.

1\Ir. 'CURTIS. I desire to announce that the Senator from \Vest Virginia [Mr. GoFF] is paired with the Senator from South Carolina [l\fr. TILLliAN].

· The result !: was announced-yeas, 22, nays 57-as follows:

. YEAS-22.

Brandegee Gerry Lewis Reed Rrous s ard Hardwick Lodge Wadsworth Calder - Hitchcock Newlands · Warren Culberson James Phelan Weeks France Johnson, Cal. _ _ Pomerene Fr e lingbuysen La Follette Ransdell ·- NAYS-57. .Ashm s t Jones, , N. Mex. Overman Smoot Bankhead Jones, Wash. Owen • Sterling Beckham Kellogg Page Sutherland Borah Kendrick Penrose Swanson Rrady Kenyon Pittman Thompson Chamberlain King Poindexter Trammell Colt Kirby Saulsbury Underwood Cummins Knox Shafroth Vardaman ~. Curtis · McKellar Sheppard Walsh ., FeTnaJd McNary Sherman Watson Flet c her Martin Shiel lis Williams Gronna Myers Simmons Wolcott Hale Nelson Smith, Ga. Harding New Smith, Mich. ,._ Ilo11is Norris Smith, S.C.

NOT VOTING-17.

Dillin2ham Hu g hes Robinson ThlmaD

Busting • Smith, Ariz. Towpsend

Gallinger Johnson, S~ Dak. Smlth. Md.

McCumber Stone

Gore McLean Thomas

So Mr. NEWLANDs's amendment was rejected.

The PRESIDENT pro tempore. The joint . resolution is still before the Senate as in Committee of the Whole and open to amendment.

Mr. PHELAN. Mr. President, at the request of Senators who desire to have a record -vote I now wi h to reserve the right to have a vote on my amendment in 1:¥ Senate.

Mr. BORAH. Mr. President, I desire to reserve a separate vote in the Senate upon what is known as the Harding amend­ 1\:fr. SHEPPARD. I ask to have the entire joint resolution read as amended. • .

The PRESIDENT pro tempore. At the request of the- Senator from Texas the joint resolution will be now read as amended.

The Secretary read the joint resolution as amended as folJoint reso:ution proposing ari amendment to the Constitution of the

• United States.

Resolved by the Senate and House of Representatives of t1w United States of America ill Congress a sembled ( tu ; o - tl1i r ds of eacT1 H ow;e con c ttrrin(J therein), That the following amendment to the Constitution be, and hereby is, propo ed to the States, to become valid as a part of the Consti i utlon when ratified by the legislatures of the several States as providea by the Constitution: ·

"ARTICLE-,

"SECTION 1. The manufacture, sale, or transportation o.f intoxicating liquors within, . the importation th e reof into: or the exportation thereof from th& United States and aU territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

" SEC. 2. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within six years from the date of the submi.Ssion hereof to the States by the Conuress.

"SEC. 3. The Congress shall have power to enforce tiili; article by appropriate legislation." .

Mr. BRANDEGEE and 1\Ir. BORAH addre sed the Chair.

The PRESIDEN.r pro tempore. The Senator from Con.­ necticut.

Mr. BRANDEGEE. I will yield to the Senator from Idaho if he desires to ask a question.

Mr. BORAH. I desire to make a parliamentary inquiry. Do I understand that this joint resolution provides in one portion • of it that the amendment shall be ratified according to the provisions of the cOnstitution and in another portion provides that it shall be ratified by a vote · which shall be had within six years?

· The PRESIDENT pro tempore : That seems to be the con .. struction.

Mr. STONE. The amendment speaks for itself.

Mr. BRANDEGEE. Mr. Pre ident, I desire to call the attention of tbc Senator from Tex.as [1\lr. SHEppARD] to the language in line 6, of page 1, of the joint resolution providing that the amendment shall "become valid as a part of the Constitution when ratified by the legislature· of the several States as provided by the Con titution." I think · it would be more accurate to say "by the legislatures of three-fourths of the States as provided by the Constitution."

l\fr. REED. l\1r. President- - •

The PRESIDENT pro tempore. Does the Senator from Connecticut yield to the Senator from Missouri 1 l\fr. BRANDEGEE. I do.

1\Ir. REED. I am rising to a point of order, l\1r. President.

The PRESIDENT pro tempore. The Senator will state it. l\fr. REED. Clearly we can not debate this question now. We have paulocke<l our own tongues.

l\fr. BRANDEGEE. I am sugge ting an amendment. I did .•; not intend to debate it.

The PRESIDENT pro t-empore . Th~ Chair so · understood.

Mr. REED. I understood the Senator from Connecticut was addressing himself to the Senator from Texas.

Mr. BRANDEGEE. I did not think it was neceo sary to put my suggestion in the form of an amendment, but I desired to call the attention of the chairman of the committee to the matter.

Mr. SHEPPARD. · 1 'think the language used is sufficiently accurate. - l\.Ir. BR.t\NDEG~E. Very well.

The PRESIDENT pro tempore. The joint resolution is still before the Senate as in Committee of the Whole and open to amendment. If there be no further amendment, the joint resolution ~ill be reported to the Senate as amended. ·

The joint resolution was reported to the Senate as amended . .

The PRESIDENT pro tempore. The question is on concurring in the amendments m ' made as in Committee of the Whole, with the exception of the amendment which has been reserved. 1\Ir. BORAH. Mr . President, if I may do so under the rule, I desire to offer nn amendment to the amendment of the Senator from Ohio [l\Ir. HARDING] to strike out "twenty-three, and to insert in lieu thereof the word "tWenty-seven." ..... The PRESIDENT pro tempore. The Chair will state that the amendment pf the Senator from Ohio as reported to the Senate does n · not contain the word referred to by the Senator from Idaho, the amendment having been amended as in Committee " of the Whole. Th~ Secretary will state the amendment · as it now stands.

The Secretary read as follows : .

SEC. 2. This article shall be inop era tive unless it shall have been LI::""GHAM]. ratified as an amendment to the Constitution by the legislatures of the several States, , as provided in -the Constitution, within six years from the date of _ the submission hereof to ~he - States by, the Congress.

Mr. BORAH. I move to strike out the words "six years" in the amendment and to insert in lieu thereof the words " ten years."

The PRESIDENT pro tempore. The question is -on the 1 Ashurst amendment. · l\fr. BORAH. On that I ask for the yeas and nays.

l\Ir. HARDING. 1\.tr. President, · I raise the point of order that Calder the amendment to which the amendment is . offered was not reserved.

The PRESIDENT pro tempore. 'I'be Chair thinks the Sena­ Fernald tor from Idaho reserved the amendment.

. Mr. WILLIAMS. l\fr. President, I suppose that the amendment offered by the Senator from Idaho [l\Ir. BoRAH} is sub­ Gerry ject to discussion, is it not?

The PRESIDENT pro tempore. Not under the unanimousconsent rule. The question is on the amendment proposed by the Senator from Idaho, en which he l1ns asked for the yeas and nays.

The yeas and nays were ordered, and the Secretary proceeded to call the roll.

l\Ir. McCUMBER (when his name was called). Again announcing my pair, I withhold my vote.

l\lr. MYERS (when his name -;Va~ called). Announcing the transfer of my pair as heretofore, I vote "nay."

~1t· ROBINSON (when · his name was called). Again an­ Gore nouncing my pair, I withhold my vote .

The roll call was concluded.

Mr. MARTIN. I desire to state that the senior Senator from Maryland [l\1r. SMITH] i, detained from the Chamber by illness. He is paired with the senior Senator from Vermont [Mr. DILLINGHAM].

The result was announced-yeas 19, nays 61, as follows:

- YE.AS-l9.

Borah Kenyon Page Sutheriand Brady Kirby Poindexter Trammell Cummins McNary Shafroth Vardaman Gronna Nelson Sherman Warren Kellogg Norris Smoot

NAYS--61.

Ashurst Hale Martin Smith, Mich. Bankhead Harding Myers Smith. S.C. Beckham Hardwick New Sterling Brand£'gee Hitchcock Overman Stone Broussard Hollis Owen Swanson Calder James Penrose Thorup on Chamberlain J obnso.n, Cal. Phelan Underwood Colt Jones N.Mex . Pittman Wadsworth Culberson Jones, Wash. Pomerene Walsh Curtis Kendrick Ransdell Watson ­ Fernald King Reed Weeks Fletcher Knox Saulsbui'Y Williams France La Follette Rh eppar d Wolcott Frelingh ursen Lewis Shields Gerry Lodge Simmons Gore McKellar Smith, Ga.

NOT VOTING-16.

Dillingham Hughes McLean Smith, Md. Fall Bu sti ng Newlands Thomas Gallinger John :-;on , Dak, Robinson Tillman Goff McCumber Smith, Ariz. Townsend

So l\1r. BoRAH's amendment was rejected.

The PRESIDENT pro tempore. The question is on concurring in the amendment of the Senator from Ohio [l\1r. H.A..RDING] agreed to as in Committee of the Whole.

1\lr. llOUAH. Upon that I ask for the YE:;as and nays,

The yeas and nays were ordered, and the Secretary pro _ ceeded -to can the roll. -

Mr. STONE. What is the vote on?

The RRESIDENT pro tempore. The question is on conculTing in the amendment offered by · the Senator from Ohio and adopted as in Committee of the "\Vllole.

1\fr. LODGE. l\i~y I ask a question? Those in favor of the amendment of the Senator from Ohio, I understand, vote" yea"?

The PRESIDENT pro tempore. Those in favor of the amend- ment vote" yea" and those opposed" nay."

The Secretary proceeded to call the roll,

Mr. McCUMBER (when his name was called). Announcing my pair as heretofore, I withhold my vote. . _ . · - · · 1\.ir. MYERS (when his name was called). Announcing the same transfer of my pair as heretofore, I vote " yea."

l\fr. ROBINSON (when his name was called). Again announcing my pair, I withhold my vote. -

The r.oll call was concluded. •

Mr. MARTIN. I desire to state that the senior Senator from Maryland [Mr. S : urTH] is detained from the Chamber by illness. He is paired with the senior Senator from Vermont [Mr. Du; l\Ir. CURTIS. I desire to announce the pair of the Senator from West Virginia [1\fr. GoFF] with the Senator from South I Carolina [Mr. TILLMAN].

The result was announced-yeas 55, nays 23, as follows:

YEAS-55.

Harding Martin Simmons

Bankhead Hitchcock Myers Smith, Ga. Beckham Hollis New Smith, S. C~ Broussard James New lands Stone

Johnson, Cal. Overman Swanson

Chamberlain Jones. N. Mex. Owen Thomp s on Colt Jones, Wash. Penrose Underwood Curtis Kendrick Phelan Wadsworth

King Pittman . Walsh

Fletcher Knox Pom e- r e ne Watson France La Follette Ransdell Weeks Frelinghuysen Lewis Saulsbury Williams

~~~:uar Sheppard Wolcott

Hale Shields

NAYS-23.

Borah . Kellogg Page Sterling Brady Kenyon Poindexter Sutherland Brandegee Kirby Shafroth . Trammell Culberson McNary Sherman Vardaman Cummins Nelson Smith, Mich. Warren Gronna Norris Smoot

NOT VOTING-18.

Dillingham Hardwick McLean Thomas Fall Hughes Reed Tillman Gallinger Husting Robinson Townsend Goff Johnson, S.Dak. Smith, Ariz.

McCumber Smith, Md.

So tl1e amendment of l\lr. H.A..RDING was concurred in.

The PRESIDENT pro tempore. Tile bill is still in the Senate and open to amendment. ·- l\fr. PHELAN. Mr. President, I call up the amendment submitted by me, providing for the submission of two amendments. The PRESIDEl\'"r pro tempore . The Senator from- California off ers an amendment. Does the Senator desire it read?

l\Ir. PHELAN. I was informed by several Senators that they did not understand the proposition, and they requested a record vote. That is my interest in bringing it up at this time. I as~ that the Secretary state it.

The PllESIDENT pro tempore. . The Secreta-ry will- state the amendment.

the Secretary read .as follows: Joint resolution proposing an amendment to the Constitution of the

United States.

Resolved by the Senate and House of Re-presentatives of the United States of America in Congress assembled 1 two-thirds of each House co11. curring therein), That the following two amendments to the Con titu. tion be, and hereby are, proposed to the States, to become valid as ~ part of the Constitution -when ratified by the legislatures of the several :States, as provided by the Constitution:

ARTICLE-.

SECTIO:-< 1. The manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, and the exportation there<>£ from, the United States and all tenitori es subject to the jurisdiction thereof, for be-verage purposes, is hereby prohibited; Provided, That this article shall be inop era tive unless it shall have been ratified a~ an amE:ndment to the Constitution by the legislatures of the several States, as provided in the Constitution, on or before the Ist day oC July, A. D. 1927

SEC. 2. The Congress shall have power to enforce this article by appropriate legislation.

ARTICLE -.

SECTION "1. The manufacture, sale, or transportation of distilled spirituous liquors within, the importation thereof Into, or the exporta. tion thereof from, the United States and all territories subject to thQ jurisdiction thereof, for beverage purposes, is he-reby prohibited: Pro· vided, That this article shall be in opera tive unless it shall have been ratified as an amendme-nt to the Constitution by the legislatures o1 the several States, as provided in the Constitution, on or before the . ist day of July, A. D. 1927. .

SEc. 2. The Congress shall have power to enforce this article by ap. pr.opriate iegislation.

The PRESIDENT pro tempore. The question is on the amend, ment propo ed by the Senator from California.

Mr . WADSWORTH. I call for the yeas and nays .

The yeas and nays were ordered, and the Secretary proceeded to call the roll.

Mr. · McCUMBER (when his name was called). Again announcing my pair, I withhold my vote.

l\1r. MYERS (when his name was called). Announcing the same transfer of my pair as before, I vote "nay."

lli. ROBINSON (when his name was called). Again announcing my pair with the Senator from Michigan [Mr. TowNSEND], I wi thbold my vote.

The roll call was concluded.

Mr. CURTIS (after having voted in the negative). f desire to inquire whether the junior Senator from Georgia [1\lr. HABD· . WICK] has voted ?•

The PRESIDENT pro tempore. He has not.

Mr. CURTIS. I transfer my pair on this question with him - to the senior Senator from New Hampshire · [1\lr. GALLINGER] and will let my vote stand.

1\fr. MARTIN. I desire to state that the senior Senator from Maryland [Mr. SMITH] is detained from the Chamber py illness. He is paired with the senior Senator from Vermont (Mr. DILLINGHAM].

The result was announced-yeas 26, ' nays 55, as follows:

YEAS-26. Brandegee Gore Lodge Stone ll.roussard Harding New lands Wadsworth Calder Hitchcock Norris Warren Culberson James Phelan Weeks France Johnso.n, Cal. Pomerene Williams Frellngh uysen La Follette Ransdell Gerry Lewis Reed

NAYS-55.

Ashurst Jones, N. Mex. Overman Smith, Mkh. ..... Bankhead Jones, Wash. Owen Smith, S.C. Deck ham Kellogg Page Smoot Borah Kendrick Penrose Sterling Brady Kenyon Pittman Sutherland Chamberlain · King, Poindexter Swanson Colt Kirby Saulsbury -Thompson Cummins Knox Shafroth Trammell ~- Curtis McKellar Sheppard Underwood Fernald McNary Sherman Vardaman Fletcher Martin Shields Walsh Gronna Myers Simmons Watson Hale Nelson Smith, Ariz. Wolcott Hollis New Smith, Ga.

NOT VOTING-15.

Dillingham Hardwick McCumber Thomas FnH Hughes McLean Tillman Gallinger Husting Robinson Townsend Goff Johnson, Dak. Smith, Md.

So Mr. PHELAN's amendment was rejected.

The PRESIDENT pro tempore. The joint resolution is still ln the Senate and open to amendment. If there be no further amendment to be proposed, the question is, Shall the joint resolu· tion be engrossed and read a third time?

The joint resolution was ordered to be engrossed and read ll third time.

The joint resolution was read the third time.

The PRESIDENT pro tempore. The joint resolution having been read three times, the question . is, Shall it pass?-which question .must be taken by yeas and nays. The Secretary will call the roll.

The Secretary proceeded to call the roll.

Mr. PAGE (when lli. DILLINGHAM's name was called). My ' Culberson colleague [Mr. DILLINGHAM] is necessarily absent from the Senate. He is paired with the senior Senator from Maryland · [Mr. SMITH]. If present and at liberty to vote, my colleague would vote" yea." ·

Mr. CURTIS (when Mr. FAI.L's name was called). I have been requested to announce the absence of the senior Senator from New Mexico [!tfr. FALL] on account of illness in his family. Were he present, he would vote" yea."' Later on I will announce his pair.

Mr. CURTIS (when Mr. GALLINGER's name was called). I have been requested to announce that the senior Senator from New Hampshire [Mr. GALLINGER] is absent on account of illness. 'Vere he present, he would vote" yea." Later on I Will announce his pair.

Mr. CURTIS (when 1\fr. GoFF's name was called). I have been requested to announce the absence of the senior Senator from West Virginia [Mr. GoFF] on account of illness. Were be present he would vote "yea." I will announce his pair later.

Mr. KENDRICK (when his name was called). I have a general pair with the senior Senator from New Mexico [Mr. FALL]. In view of the announcement made by the Senator from Kansas [1\lr. CuRTIS] I feel at liberty to vote. I therefore vote "yea." Mr. McCUMBER (when his name was called). I have a general pair with the senior Senator from Colorado [Mr. THOMAS], but I am informed that a transfer has been made, so that the senior Senator from Montana [Mr. MYERs] and the senior Senator n·om Colorado [Mr. THOMAS] may stand paired with the junior Senator from Connecticut [l\lr. McLean]. That leaves me at liberty to vote on the final passage of the joint resolution. I vote " yea."

Mr. MYERS (when his name was called). I have a general pair with the junior Senator from Connecticut [Mr. McLEAN] who, if present, I understand would vote 41 nay." I transfer my pair to the senior Senator from New Mexico [Mr. li,ALL] and the senior Senator from Colorado [Mr. THoMAS], each of whom I understand i~ present would vote yea,” giving a pair of "yeas" to one " nay," which leaves me at liberty to vote. I therefore vote" yea."

Mr. ROBINSON (when his name was called). I have a pair with the Senator from Michigan [1\.lr. TowNsEND]. Being ad- · vised that if he were present he would vote "yea," I feel at liberty to vote, and I do so. I vote" yea."

Mr. SHAFROTH (when Mr. THOMAS's name was called). I desire to announce the unavoidable absence of my colleague [1\fr. THOMAS] on account of sickness a~d to say tllUt he is paired with the junior Senator from Connecticut [Mr. McLEAN] on this question, and that if present my colleague would vote 1\.lr. Sl\IITH of Michigan (when 1\Ir. TowNSEND's name was called). Making the same announcement as on the previous vote, I desire to say that if my colleague [Mr. TowNSEND] were present he would vote " yea."

The roll-cau· was concluded.

Mr. CURTIS. · I have been requested to announce that the Senator from West Virginia [Mr. GoFF] and the Senator from Michigan [Mr. ToWNSEND], who would vote "yea" if present, are paired with the Senator from South Carolina [Mr. 'TILL· MAN]; ; and that the Senator from New Hampshire [Mr. GAL· LINGER] and the Senator from South Dakota [Mr. Joa ~soN], who would vote "yea" if present, are paired with the Senator from New Jersey [1\fr. HUGHES].

Mr. MARTIN. I desire to state that the senior Senator from Maryland [Mr. SMITH] is detained from the Chamber by illness. He is paired with the senior Senator from Vermont [Mr. DILLINGHAM].

The result was announced-yeas 65, nays 20, as follows :

YEAS-65 • .

Ashurst Johnson. Cal. Newlands Smith, Mich. Bankhead Jones, N.Mex. Norris Smith; S.C. Beckham Jones, Wash. Overman Smoot Borah Kellogg Owen Sterling Brady Kendrick Page Stone Chamberlain Kenyon Pittman Sutherland Colt King Poindexter Swanson Cummins Kirby Ransdell Thompson Curtis Knox Robinson Trammell Fernald La Follette Saulsbury Vardaman Fletcher McCumber Shafroth Walsh Frelinghuysen McKellar Sheppard Watson Gore McNary Sherman Williams Gronna Martin Shields Wolcott Hale Myers Simmons Harding Nelson Smith, Ariz. Hollis New Smith, Ga.

NAYS-20.

Brandegee Gerry Lewis Reed Broussard Hardwick Lodge Underwood Calder Hitchcock Penrose Wadsworth

Busting Phelan Warren

France James Pomerene Weeks

NOT VOTING-11.

Dillingham Goff McLean Tillman, Fall Hughes Smith, Md. Townsend Gallinger Johnson, Dak. Thomas

So the joint resolution was passed, two-thirds of the Sena· tors present voting therefor.