July 26, 1917

1\Ir. SHEPPARD. Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Senate joint resolution 17 , for the purpose of endeavoring to agree on a date for a vote upon it. ·

There being no objection, the Senate, as in Committee of the Whole, proceeded to consider the joint resolution (S. J. Res. 17) proposing an amendment to the Constitution of the United States.

1\Ir. SHEPPARD. 1\fr. President, , I send to the desk a request for unanimous consent which I should like to have read for the information of Senators, in order that they may have an opportunity to make any suggestions as to the language before we have the roll call provided for under the rule. ·

The PRESIDING OFFICER. The proposed agreement will be read.

The SECRETARY. The Senator from Texas asks unanimous conent that at 2 o'clock p. m. on the calendar day of Tuesday, July 31, 1917, the Senate will proceed to the consideration of Senate joint resolution 17, proposing au amendment to the Constitution of the United States, and that on the calendar day of. Wednesday, August 1, 1917, at 4 o'clock p.m., the Senate will vote without further debate upon any amendment that may be business. pending, any amendment that may be offered, and upon the resolution (S. J. Res. 17) through the regular parliamentary stages to its :final eli position . .

Mr. PENROSE. Mr. President. do not the rules require a roll call before the agreement is made?

Mr. SHEPPARD. I asked that it be read informally in order that Senators might make any suggestions that may occur to them. ·

Mr. PENROSE. It simply occurred to me that evE'n the discussion of the proposed unanimous-consent agreement ought to be after a roll call.

Mr. BORAH. Mr. President, that is not necessary.

Mr. PENROSE. I may be wrong.

Mr. BORAH. If we finally come to the point where we are practically agreed upon it, before it is :finally submitted and agreed to there must be a roll call.

1\fr. SMITH of Georgia. If there is objection in advance, it is not necessary to have the roll call. I do not say it is. I was only asking. I ) should like to have the request read again. I was interrupted when the reading occurred.

The PRESIDING OFFICER. The Secretary will read the proposed agreement again.

The Secretary again read the proposed unanimous-consent agreement.

Mr. STONE. 1\Ir. President, I suggest to the Senator that he include an expression substantially to this effect: That during the time intervening between the taking up of the resolution 011 Tuesday at 2 o'clock and the time it is voted upon it shall be the unfinished business.

1\Ir. SHEPPARD. I understand that to be the effect of the language used. It says that the Senate will proceed to the consideration of the joint resolution at 2 o'clock on Tuesday. If that is done, it can not be displaced unless a motion is mac.lP, and carried to di place it.

Mr. STONE. If that is the effect, I have nothing further to

Mr. PENROSE. l\Ir. President, what is . the hour :fixed on Wednesday for voting? '

Mr. SHEPPARD. Four p.m. I ask then that the agreement be formally presented.

The PRESIDING OFFICER. Is there objection to 'the request of the Senator from Texas?

Mr. BRANDEGEE. l\Ir. President, this idea occurs to me and I want to suggest it to the Senator from Texas: I do not know that I care to offer any remarks upon the resolution when it comes before the Senate, but would it not be wise to have a provision in the agreement that no one Senator shall speak more than a certain length of time?

Mr. SHEPPARD. I think that matter will regulate itself.

Mr. BRANDEGEE. That may be the Senator's guess about it; but certain Senators are very well prepared with voluminous documents and data upon this question, and for their own purposes might obtain the floor and keep it for the entire time, and those on the other side might have no chance to express their views.

Mr. SHEPPARD. I have no objection · to the addition of a provision embodying the suggestion of the Senator from Connecticut.

Mr. BRANDEGEE. Perhaps some Senators will want a good deal of time, and others will want very little. I suggest that it might be well if it could be arranged so that e ch Senator could have at least five minutes if he desired it.

1\Ir. PENROSE. 1\Ir. President, I think the suggestion of the Senator from Connecticut is · well worth consideration. It occurred to me when the agreement was read that the time for consideration was quite limited. I do not believe any Senator wants to make a long speech on this joint resolution, but it cer" tainly is one of very great importance, suggesting a very radical departure from the structure of the Federal Government as it has always exi ted. I know that personally I want a short time in which to express my views as to the constitutional aspects of the matter, regardless of the question of prohibition or antiprohibition.

Mr. SHEPPARD. Mr. President, would the Senator object to a provision to the effect that no Senator shall speak more than once or longer than one hour?

Mr. PENROSE. I was going to suggest that the joint resolution be taken up for con ideration on Monday. It can be laid aside temporarily, if no Senator wants to speak on it; and other matters taken up.

l\fr. SHEPPARD. I accept that suggestion.

Mr. PENROSE. I would suggest that it be taken up on Monday at 2 o'clock, immediately after the close of the morning

Mr. SMITH of Arizona. Next Monday?

1\ir. PENROSE. Yes; but not voted on until Wednesday, and that after Tuesday no Senator shall speak more than 10 minutes.

Mr. SHEPP A 'RD. [ acce-pt that 'PropOsition: I ask that the 'Secretary - · ma'Ke the necessary - changes.

The PRESIDING OF'FICER. The Secretary is · now rewriting the proposed agreement.

1\Ir. PENROSE. It ought - to be that - after Monday t no · Senator 1\lr. UNDERWOOD. ' shall speak more than once, and so on. ·

1\Ir. STONE. Leave it ' !.rue day.

The SECRETARY. The 'SenAtor from Texas ask-s unanimous 'Consent that immediately upon 1 tl1e conClusion ~f the routine morning business on Monday, .July 30, 1917, the Senate will • pro­ ~ee<1 with the < · consideration 6f the · joint resolution, and - so · forth, and at the • end . of tflw agreement ; add ' th1s:

And farther. that upon Tuesday, July 31, 1.917, no · Senator shall speak more than once or longer than five - minutes.

l\Ir. BRANDEGEE. After Tuesday, I think th~ Senator "Said. The SE-cR.JtTABY (reading)—

.And that aft e. · ' Tuesday, · July 31. '1917, . no Senator shall speak more than once or longer than five minutes.

1\lr. PE~ · · nosE. Ten minutes.

Mr. WATSON. 1\lr. President, I thought the proposed agreement was that on Monday and on Tuesday no Senator · should speak more than once nor longer than one " hour, lmt that after Tuesday no Senator should occupy the floor for more than 10 minutes.

Mt. PENROSE, I think that would be all right.

'1\!r. Sl\UTH of Arizona. 1\lr. President, I am very : much in· te1·estetl in this matter; not with ...- the idea of interfering wHh the agreement now before the Senate or preventing in any way by any , objection of mine a vote on the constitutional amE'ndment proposed, but I should like an understanding that something will he done to carry out the treaty that has been pending for something - like n . year at om· suggestion. Laws have been passed on the part of Great Britain as to tl1e 'treaty, and thE'y are wondering why we, who proposed it, have not acted in accordance with the p · proposition we ba\"e already made to them.

I will ask, thE'n. respectfully, tlu~t I may have that matter up on l\Ionc1ay. I am extremely anxious to get away ' from tmvn, if I can; and I should like , on Monday · morning, up to the hour of beg-inning the consideration of 'the joint resolution in rE'gard to prohibition, · to have an opportunity of submitting to the Senate, with a view to securing · a · vote, the "Proposition I hn ve just rE'ferred to.

l\Ir. l'ENUOSE. Let us do that in the morning hour.

l\Ir. SMOOT. At tJre close of the morning hour.

1\Ir. SMITH of Arizona. I said, in the morning hom· · on Monday; ; but then they wm raise some question on me on Monday, as they · have done for three different morning hours, and resolution. of inquiry and other things have constantly deJa · yerl me. lf I can get two morning hours during this debate, if - an -adjournment is taken, I have no · objection or further request to make. - -

Mr. PE~ilOSE. I am unwilling to concede more than the morning hour (m Monday. If this unanimous-consent ' .agreement is made, as far as I am concerned, it is of · enough importance to justify an opportunity for its consideration. If the Senator wan.ts to have two morning hours, I · should have to object. · M - r. SMITH of Arizona. I only want one, if I can ~~t it.

1\fr. PENROSE. I thought the · senator said something about two morning hours. · ;

Mr. SMITH of Arizona. That was · only in · case 'I failed, by the opposition to the bill of n few S e nators, that I · might havE' a second one. I am not asking the Senate to agree to that; · 1 am only trying, as more of a personal matter 'than · anything else, to get the matter off my hands. It has been committed to me by thE' Committee on · Foreign Relations.

1\lr. PENROSE. L{'t the agreement read that after the morning hour on Monday the consideration of the joint resolu­ tion shall II he proceed eel with. · l\11·. Sl\HTH of Arizona. I shall be ' very glad if 1 ean · gE't an opportunity. after the routine morning business, in the tW'o hours, to take up the bill to which I refer. · Of course, 'I have no objection to an :, unanimous-consent agreement about a vote · on th E' amendment to the Constitution. but in the meantime I nm extremely anxious to get this particular matter off my hands. It has be e n p e nding for something like a year.

1\lr. Sl\ITTH of Georgia. 1\lr. President. £ do not · like the it~ e a of tacki n g two different · bills together · in one of these unanimous-consent · agreements. ·

1\lr. PENROSE. This does not require a 1manimo11S-'COn~ent · agreement, as I unrler:;.irrnd. The Senator ' from Arizona will be Satisfied if the unanimous-consent agreement on the ' Sheppard joint resolution does · not begin t~ run 'Until the close of tl1e morning hour on Monday. He will have 'to · take his chalices .on . getting 1n on that -morning hour. I \ffii '}! ht · w.arrt to move · to take up the - Creel resolution during tha't time.

Tlie PRESIDING OFF-ICER. Is there objection to the re 4 quest :proposed by the Senato.r from !I'e~us · ? 1\fr. President, let it be stated · agai'n.

The PRESIDING . OFFICER. The "Secretary will state the i>T8piJ ed agreement ::a · s modJfied.

The SECRETARY. The Senator from TE'xas asks unanimous -consent 'that immediately upon · the conclusion · of the morning hour on Monday, July 30, 1917, the Senate will proceed to the consideration 'Of Senate joint resolution 17, proposing an amendment to the Constitution of the United 'States, and 'that on the calendar day of Wednesday, August 1, 1917, at 4 o'clock p. m., · the :Senate will vote without further debate upon any amendment that may be pending, any amendment that may be offered, and upon the resolution (S. J. Res. 17) through the regular parliamentary stages: to its final disposition. provided that on Monday, July "'36, 1917, no Senator · shall speak more than once · or " longer than · one ' hour upon the resolution or any amendment offered thereto, - and that on Tuesday, July 31. 1917, no Senator shall speak more than once · ar longer than 10 minutes upon the resolution or any amendment offered thereto. l\1r. UNDERWOOD. l\1r . President, I do not understand that that carries out the agreement.

Mr. STONE. No; .it does not.

Mr. UNDERWOOD. I am opposed to this joint resolution. I have always been opposed to it, and I -expect to vote against it, but I do not desire to use any obstructive tactics to prevent a vote, and I - thought we - h - ad reached a very .reasonable agree- ment to allow it to ue voted on in three days. l understood that the agreement was that on Monday - and Tuesday we should have general debate, with a limitation that no Senator should speak more than once or more than one hour on those two rlavs. ~nrl that on Wednesday the debate should be confined to the 16-m ' inute : rule. l -am willing to agree to that, but I am not wiH:i ng to agree-- . _ i.Vlr. 'SHEPPARD. That 'Was the agreement.

'1\fr. STONE. After Tuesday.

1\lr. UNDERWOOD. The proposed agreement did not read 'that way.

Mr. PENROSE. 1\lr. President, I think the Senator from Alabama is entirely right. The agreement · blight to be altered so HR to permit · a Senator to speak only one · -hour on · this sub .. ject. Otherwise, frivolous amendments could ' be offered to per· mit him to occupy the whole · day. ·

The PRESIDING OFFICER. The proposal will be altered so 'that each Sen · Senator will ' be limited to one hour.

. 1\Ir. PENROSE. Let it be read us amended.

The PRESlDING OFFICER. Will the Senator from Penn­ ~s-Ivan'ia -state tl1e amendment · for the benefit of the · Secretary? · ? l\1r. PENROSE. That part of the agreement ' 7 which applies to the proceedings on Monday, as I understand the Senator from Alabama-and I agree with him-should be worded so that no Senator shall speak more than o-ne hour or more than once · on that day.

M’. WATSON. And also on Tuesday.

1\fr. PENROSE. And also -on Tuesday.

1\fr. WATSON. All you need is the 10-minute rule on Wed 4 nesday up to the time the vote is taken, so that it will be one .hour on Monday · and one hour on Tuesday.

The :PRESIDING OFFICER. Is there objection to the agreement in the present furru?

Mr . PENROSE. Let it he read, now, as finally amended.

The PRESIDING OFFICER. The Secretary will read the proposed agreement ~s amended.

The Secretary read · as follows:

Pro v ided, That on Monday, July 30, and Tuesday, July 31, 1.917 , no Senator shall speak more than once or longer than one hour upon the resolution. and that after Tuesday, July 31, 1917, no . · Senator shall speak more -rnan on <· e or · t-ng{'r than 10 minutes upon the resolution, or any amendment offered thereto.

1\Ir. PENROSE. On Monday and Tuesday it ought to be one 'hour · on tl1e re olution or any amendment thereto, to make it correspond.

The PRESIDING OFFY ' ER. Is there objection to -that modi- · modification? The Chair hears none . and it will be ma<le.

1\11·. PENROSE. Mr. President, " before the agreement iS made I only want to state that I intend to _ vote against this · 1·e o · lu · rton, but I mn fully aware of the fact that there is a majority in the Senate · whic-h <'an vote to bring tlre resolution up for consideration · and proceed with it at any time t11E' Hena· tor from Texas has it in mind to make the effort. ReuHzing the present emergency in the country and the importance of hastening legislation, I do not intend to make any per;sonal opposition to the consideration of the measure, although, as I said, I intend to vote against it.

The PRESIDING OFFICER. The Chair has been advised that a roll call is necessary. In the opinion of the Chair the roll should be called.

1\lr. SHAFROTH. Let the roll be called.

The PRESIDING OFFICE~ . . The Secretary will call the roll. ·

The Secretary called the roll, and the following Senators answered to their names : Ashurst Harding Norris ·Smith, S.C. Bankhead Hollis Overman Smoot B ec kham Jones, N. Mex. Page Sterling Borah Jones, Wash. Penrose Stone Brady ~ Kendrick Poindexter Sutherland Brandegee Kenyon Pomerene Swanson Calder King Ransdell Thompson Chamberlain Kirby Robinson Trammell Fernald Lodge Saulsbury Underwood Fletch e r McKellar Shafroth Vardaman Frelinghuysen Martin Sheppard Watson Gerry Myers Shields Gore New Smith, Ariz. Hale Newlands Smith, Ga.

1\ir,. CHAl\1BERLAIN. 1\ly colleague [1\lr. McNary] is temporarily out of the Senate on official business.

l\1r. SHAFROTH. I desire to announce the unavoidable absence of my colleague [l\ir. THOMAs] on account of illness. . · 1\lr. JONES of Washington. · I desire to announce that the Senator from Kansas [Mr. CURTIS] is necessarily absent on public business.

The PRESIDING OFFICER. Fifty-three Senators have answered to their names. There is a quorum present. Is there objection to entering into the unanimous-consent agreement? [After a paus e .] There being none, it is so ordered.

The unanimous--consent agreement is as follows :

It is agreed by unanimous consent that immediately upon the conclusion of the morning hour on Monday, July 30, 1917, the Senate will proceed to the consideration of Senate joint resolution 17, proposing "' an amendment to the Constitution of the United States, and that on "' the calendar day of Wednesday, August 1, 1917, at 4 o'clock p. m., the Senate w:n vote , without further de b ate, upon any amendment that may be pending, any amendment that may be offered, and upon th e resolution (S. J. Res. 17), through the regular parliamentary stages to its final di s position: Pro vi ded, That on Monday, July 30, and Tuesday Jul-y 31 1917, no Senator shall speak more than once or longer than one hour upon the re s olution and amendments offered thereto, anti that after Tuesday, July 31, 1917, no Senator shall speak more than on c e or longer than 10 minutes upon the resolution and amendments ol! e red thereto.