June 4, 1919

Harding Moses Smoot

Harris Myers Spencer

Harrison · Nelson Stanley

Henderson New Sterlina

Hitchcock Newberry Sutherfand

Johnson, Calif. Norris Swanson Chamberlain Jones, N.Mex. Nugent Thomas Jones, Wash. Ov e rman Trammell Kellogg Page Underwood Kendrick Ph e lan Wadsworth Kenyon PPhi_tipmpas . n Walsh, Mass. Dillingham Keyes tr Walsh, Mont.

Kirby Poindexter Warren

Knox Ransdell • Watson

La Follette Reed Williams

Lenr-oot Sheppard Wolcott

Lodge Sherman

Frellnghuysen McCormick Simmons

McKellar Smith, Ariz.

The PRESIDENT pro tempore resumed the chair.

The PRESIDENT pro tempore. Eighty-one Senators have answered to "their names. A quorum is present. The question is on the amendment offered by the Senator from Alabama [Mr. UNDERWOOD].

Mr. PHELAN. Mr. President, the objection which has been made to the amendment by the proponents of woman suffrage is that it may delay the final adoption of the suffrage amendment. I plan to hasten consideration. The reason why a delay might be cauSed is that the House has passed the amendment in one form, and it would facilitate matters to have concurrence by the Senate; but, of course, the Senate is au independent body, and that is no reason which should ' be advanced to us. Those of us who are in favor of national suffrage, and also in favor of the determination of all questions affecting the amendment of the Constitution by a vote of the people, desire to see that an opportunity shall be given to the people to vote; and to that end I have prepared an amendment to the amendment, with a view of facilitating the early determination by the people of their will upon this subject, so that there will be no needless delay.

I will read the amendment in order to comment upon it. . The amendment proposed by the Senator from Alabama reads as follows:

Resolved, etc., That the following article be proposed as an amendment to the Constitution, which shall be valid to all intents and purposes as a part of the Constitution when ratified by conventions in three-fourths of the several States.

The Constitution, as the Senate is aware, provides for ratification by three-fourths of the several States "by the legislatures or by conventions, as one or the other mode of ratification may be proposed by the Congress." Therefore the Congress can propose, as the exclusive method of ratification, ratification by conventions; and I take it that the Congress can also propose the method by which these conventions may be called.

I would oppose leaving it to the legislatures for the very reason that the legislatures might, if unduly influenced, delay the ratification by delaying the calling of the conventions. So an amendment to the Underwood amendmen·t might re.ad as follows, which I will presently propose:

The conventions shall consist of 100 members, being qualified electors of the several States, and shall be voted for at large--

That brings the question fairly before all of the people of the States, not by congressional districts, but at large. It is the one issue before them. ·

Shall be elected at large by electors having qualifications to vote for members of the most numerous branch of the legislature. - Such conventions shall be called to meet by the governors of the several States on the first Tuesday after the first Monday of September, 1919.

That is an arbitrary date, but it serves the purpose of speedily determining what is the will of the electors, and allows ample opportunity for the campaign of education.

I therefore submit that as an amendment to the amendment proposed by the Senator from Alabama. As the legislatures will not all meet for several years, this plan will, I believe bring about an earlier ratification. '

While I am on my feet, I happen to have here a very eloquent testimonial of the wisdom of submitting all matters to a vote of the people. I do not know that it is entirely relevant; but it is doubtless interesting, and especially to Senators on the other side of the Chamber.

In California, the referendum has been frequently used. California was among the very first States that resorted to the referendum, and, in most instances, it has expressed very fairly the will of the people. Sometimes, where the educational campaign has not been sufficiently extensive or intense, there may be a doubt as to the fair expression of the people. Anyhow, it is the expression of the men who participate in these elections, and the women, because both the men and the women vote in California. Therefore it is fair to say that the expression of opinion by the voters, with or without an educational campaign, is exactly what the voters want; and, as the Senator from Missouri said if the people make a mistake, it is very easy to remedy it by an'appeal from Philip drunk to Philip sober. .

What I have in mind is that on May 17 of this year a Member of this body holding a high and distinguished position undertook to instruct the people of my State in the political subdivisionand a very important one-of Los Angeles city as to how to vote. Of course, we resented it as an intrusion, because the occasion to which I refer was a municipal election ; and all our chartered cities sacredly hold to the right to determine their local affairs by and for themselves. I will read the instruction which was sent out to the city of Los Angeles. I quote from the Los Angeles Brandegee Times of 1\Iay 18, 1919, a stand-pat Republican paper of general circulation. It is headed :

SENATORS FOR WOODMAN-REPUBLICAN NATIONAL ORGANIZATION 1~ THE FIGHT TO SAVE LOS ANGELES.

D~. A. J. Scott, of. Mayor Woodman's campaign committee, yesterday ~~~~vi~ the fol owmg telegram from United States Senator REED

WASHINGTON, May 11.

Or. A. J". ScoTT,

Los Angeles:

Senator LODGE joins me in the hope that every Republican will sup­ Edge port the Republican candidate for mayor in the coming city election Elkins I?on't let this administration point to Los Angeles as a Democratic Fall Cl~Y a year hence, when the national campaign is on. The Nation is Republican. We -hope Los Angeles will be.

REIID SHOOT.

I received just now, from the secretary of tlie Democratic county committee, this telegram: Hon. J"AM~S D. PHELAN, LOS ANGELES, CALIF., June 4, 1919. United States Senate, Washington, D . 0.:

M. P. Snyder elected mayor of Los Angeles. All papers concede his election by 15,000 majority. Snyder now leading by 10 000. City clerk estimates total vote cast 75,000. '

F. RAY GROVES,

Secretary Democratic County Committee. I merely introduce that now to show that California is strong for the referendum, and that her judgment is generally right. 1\fr. WOLCOTT. Mr. President--

1\-fr. ASHURST. Who was elected?

1\Ir. PHELAN. Mr. M .P. Snyder, mentioned in the telegram, is a Democrat, and has served that city before, conspicuously and well, as its mayor. 1\Ir. Woodman is a Republican. Los Angeles is normally Republican. "'

I yield to the Senator from Delaware.

Mr. WOLCOTT. I merely wanted to ask what the response of the city was; and in view of that I wanted to ask the politics of the successful candidate.

Mr . PHELAN. I have already anticipated that question.

Mr. THOMAS. Mr. President, I hope the Senator before he takes his seat will offer a resolution extending our thanks to the Senator from Utah [1\fr. Smoot] for his services in behalf of the Democratic Party in Los Angeles.

The PRESIDENT pro tempore. The Secretary will state the amendment offered by the Senator from . California.

The SECRETARY. It is proposed to add at the end of the amendment offered by the Senator from Alabama the following: The conventions shall consist of 100 members, being qualified electors of ~e several States, and shall be elected at large by electors having qualifications to vote for members of the most numerous branch of the legislature. Such conventions shall be called to meet by the governors of the several States on the first Tuesday aft e r the first Monday of September, 1919.

The PRESIDENT pro tempore. The question is on the amendment offered by the Senator from California to the amendment of the Senator from Alabama.

The amendment to the amendment was rejected.

1\Ir. UNDERWOOD. 1\fr. ~resident, I ask for the yeas and nays on the amendment submitted by myself. ,

The yeas and nays were ordered.

The PRESIDENT pro tempore. The question now is upon the amendment offered by the Senator from Alabama [l\Ir. UNDERWOOD]. The Secretary will call the roll.

The Secretary proceeded to call the roll.

1\fr. SWANSON (when Mr. MARTIN's name was called). 1\ly colleague [1\Ir. MARTIN] is detained from the Senate on account of sickness. He is paired with the Senator from Rhode Island [1\Ir. CoLT]. If my colleague were present, he would vote" yea." 1\Ir. THOMAS (when his name was called). I transfer my general pair with the senior Senator from North Dakota [1\Ir. McCUMBER] to the senior Senator from Arkansas [1\Ir. HomxSON] and vote "nay."

1\fr. TR.Al\Il\fELL (when his name was called). I hav e a pair with the Senator from Rhode Island [l\.Ir. CoLT]. I transfer that pair to the Senator from Virginia [Mr. 1\I Martin] ] and 'VOte .Mr. WILL~Al\1S (when his name was called). I have a pair with the senior Senator from Pennsylvania [1\Ir. PENROSE]. I transfer that pair to the senior Senator from Tennessee [1\Ir. SHIELDs] and vote" yea."

1\Ir. HARRIS. I wish t? announce that my colleague, the senior Senator from Georgm [1\Ir. SMITH], is absent from the Senate on account of illness.

The roll call having been concluded, the result \YUS an ­ nounced-yeas 28, nays 55, as follows :

YEAS-28.

Bankhead Gay McLean Smith, S . C. Beckham Harris Moses Stanley Borah Harrison O-verman Swan. on

Hitchcock Phelan Underwood

Dial King Re e d Wadsworth Dillingham Knox Simmons Williams Fletcher Lodge Smith, Md. Wolcott

NAYS-55.

.Ashurst Gronna McCormick Sheppard Ball Hale McKellar Sherman Calder Harding McNary Smith, Ariz . Capper Henderson Myers Smoot Chamberlain J"ohnson, Calif. Nelson Spencer Culberson J"ones, N.Mex . New Sterling Cummins J"ones, Wash. Newberry Sutherland Curtis Kellogg Norris Thomas

K en drick Nugent Trammell

Kenyon Page Walsh, Mass .

~~; Phipps Walsh, Mont.

Fernald Pittman Warren France La Follette Poindexter Watson Frelinghuysen Lenroot Ransdell

NoT \01;'ING~l3.

Brandegee McCumber p , omerene 'l'own · end Colt : Martin Robinson Gerry -owen Shields Gore Penrose Smlth, Ga..

So 1\Ir. UNDERWOOD' ru:uendment was rejected.

Mr. GAY. _ r. Pre ident, in February last, when the vo1:e wa taken on the woman . suffrage question, I explained ~Y t>OB_I­ tion briefly at that time. My position to-day, :UX· President, 1s the ·nme as it was then. There is no doubt ill my lllilld that Brandegee women should be given the right to Yote. There is doubt, however that they will ever receive the privilege the~ are now asking by the methods which some of their supposed friends have Culberson adopted. It is a well-knoWn fact that they have finally secured the neces a.ry two-thirds vote of tl1e Senate of the United States to pa s the Su. an B. Anthony amendment :md to submit that Edge amendment to the legi latures of the \Ul'lOUS • tnres of the Union. The advocate s of the Susan B. Anthony amendment have won a great victory and are justly entitled to all th~ prmsc F.rance and honor which come . with the winning of a battle which has been fought for o Ion~ a time. It i not my .intention to attempt to delay this ... legislation, but I do desire to present here and now an amendment which I believe would be ratified by the necessary '36 States at the next meeting of theu·le~st:;t:tnres. Gore 1 present this as a sub itute .for the amendment which 1s now before you. The amendment - which I am about to present a drafted by the former first assistant attorney general of Lomsiuna and by the Democratic national -committeemen from that State when this matter was under discussion · ion during the last session of Oongre s. It meets the bjection tha.t many have to the Su an B. Anthony amendment and is more liberal perhaps than the amendment which I have already pr nted for your considern-tion.

Section 2 reads that the e>ffal States •hall have tlle authority to enforce this article by necessary legislation, but if . :my tate shall enforce or enact any law in conflict therewith. tl1en 'ongre sh..'l.ll not be excluded from ena ting appropriate legi lation to enforce it.

Thi 1\Ir. President, gives to the various State the 1·igllt to enact and .enforce law giving women the right tQ vote. It does not leave all question to Congress, • but puts . the matter where those who believe in State rigllb · consider the power should be vested.

Mr. President, it only requires 13 t:: te to prevent the adoption of the Susan B. Anthony amendment, and 1 predict that there are 13 States that \\ill never ratify the amendment which the Congress of the United State i about to present to the American people. The last vote in the State of Texas shows .full well how the wind is blowing. .

' With the passage of the amendment which I am now presenting to you as a substitute for . the other amendment which have been offered, the objection would be removed and the required number of States would soon pass it and thus give the right of suffrage to those noble, patriotic, and splendid women of our country who have so long fought for this right and who so richly deserve "the p1ivilege.

I offer the amendment whieh I a k the Secretary to rea<L

The PRES1DENT pro tempore. The Secretary will z-end the amendment offered by the Senator from Loui iana. ·

The SECRETAnY. The amendment is in the nature of a ubstitute:

Rcsolr;ea 'by the Senate a11cl House of Representatives of the United States of America in Oo11g1·ess assf!m'bled (two-th-irdB ot .eac1~ l:lotUe ~oncurri11U therein), That the "followmg article be proposed to · the Iegtslntures of the several States as an runend:ment to the Constitution of the United States, which, when ratifie<! by_three-fourth of aid legislatur shall be valid as part of said Conshtutwn, namely:

ARTICLE-.

SECTIOX 1. That the right of citizen of the United State to vote shall not be denied or abridged by the United States or by any State on account of sex. .

S:mc. 2. "'':bat the s e veral States shall have the authority to enforce this article by necessary legislation, but if any :State shall enforce or enact any law s in con1l!ct ther~witp., then Congre~s 'Shall not be excluded from enacting appropnate legislation to enfo-rce 1t.

1\fr : GAY. I a k for the adoption of the .amendment.

.l\Ir. REED. Let u have the yeas and nays.

The yeas and nays '\\ere ordeTed, and the Secretary pro c eeded. to call the ro1 L

1\Ir. TRAMMEbL (when llis name was called). I make the same announcement of the h·ansfer of my pah· as on the previous vote, and I vote" yea." ·

Mr. WILLIAMS (when his name was called). Repeating the announcement made upon the last vote concerning my pair and its trru:isfer, I vote "nay." · The Toll ~all was conclud-ed.

1\fr. HARRIS. I wish to · , announce that my colleagtie, the n~~a senior Senator fl 1 bm Ge.orgia [1\Ir. SMiTHj, is detained from the Senate by illness. ·

The · result was announeed-y a 1.9, nay 6~, a follow

YEAS-lD.

..Bankhead llan'is Ransdell Thomas Beckham Harrison Reed Tra.mnl: ll Dial King ,'im.mons Underwood Fletcher M.yer tanley Wolcott Gay Ov~nruu:t 'wanson

NAYs-G2.

Ashurst Gronna McCormick Sheppard Ball Hale McCumber hermnn

Harding McKellar mith, Ariz.

Calder Bender on McLean Smith" · ·. C. Capper Johnson, Calif. McNary Smoot Chamberlain Jones , N . Mex. Moses Sp e n ce r

J'ones, Wa. h. Nelon t e l'ling

Cummins Kellogg N e w Sutherland Curtis K ndrick Newberry Wadsworth Dillingham Kenyon . _-orris Wal h,Ma s. Keyes Nugent Watsh, , out. Elkin Kirby Page Warren Fall Knox Phelan Watson Fernald La Foil tt Phipp Williams .

Len root Pittman

Fr e 1irigh-oy en Lodg e- ' Poinde::~..'ter

NO'l ' VOTING-1:1.

Hitchco c k Penros e ' mith,Gn.

. Johnson, ·. D k . Pom e rene mitb, 1d .

Martin Robinson Town end

Ow e n 'bields .

, o l\Ir. G..AY's .runendment. wn . rejected.

The PRESIDE:r-."'T pro t e mpore. If there l>e no fm'ther ~unendment as in C<Tll1mLttee of the 'Yhole, the joint re . 1ution will be reported to the Senate.

Th joint re _ olution ,,.a r ported to the , ena t witllout amendment.

Tbe PRE ID.El\TT pro t erupoi·e. The joint re olution j in the nate and open to amendment. lf there be no amendment, llie question is, Shall the joint resolution be read a third time'?

The joint re olution wa . rea<.l the third time.

The PRE IDENT JH.·o tempore. The que tion now 'is .• hall the joint resolution pas ? The ecr tary \\ill ~all the roll.

The Secretary proceeded to call tile roll.

1\lr. BALL (when Ws name was called). By u pecial agr - men.t, the junior , enator from Utah [Mr_ KING] and I ar~ paired with thE: senior enator from Tennes e [l\Ir. HIELDS]. The senior Senator from Tenn · ee i absent on nceount of illne s in hi ramily. If he wer pre.aent, 1 '\\ould vote "yea.."

Ir. CALDEn (wh "' n hi name "\'i'U.S called). n thi question th senior S e nator from Michigan [1\fr. Tow E "D) is paired \.\ith rue in the nffi.rmatixe again t the enior nator from Penn­ ;ylvania [Mr . .P.:Er---:noSE] in th n ffati\ . If I were at liberty to Yote, I " · outd \Ote 'yea." .

Ir. KING (when his naJ.ll< w.as called). I have a pair wit.!l the senior Senator from 'I'enne ee [1\Ir .• HIELD ] an<l the Senator from - Delaware {1\lr. BALL]. HI w re permi.tt l t . vote, I hould \Ote in the .affirmati~e, but mnng to the pair l withhold my n>te.

Mr. McLEAN -(when hi name was called). On this questi n J am palred · with the Senator from ROOde I land IMr_ CoLT] and the Senator from Oklahoma [Mr. GoRE]. I therefor witb­ · hold my vote. If I were a.t liberty tO \ote, 1 . lJould vote « ~y." Mr. SW .. A.NSON (when ni.r. nlAnTIN's name wa called.). fy · colleague [1\Ir. MARTIN], as pre\iously stated, is detain&i from the Senate on account of illne . lie is paired 'nth the 'enator from Rhode .Isln.nd I Mr. GERRY] and the Senator from South Dakota '[l\11·_ J'oHN ON]. If my collea...,.ue were present, ll would vote u nay" and the two Senators with whom he is paired would vote .. . yea."

1\Ir.. KNOX (when 1\Ir. PErR.<>SE's name w::u:; called . A.s already announced by the junior Senator from Kew York [1\fr. CALDER] my colleague {Mr. PE N ROSE] is paired uith the junior .Senator from New York and also v;ith the enior enator from Nicblgan [1\Ir. ToWNSE!I.-n]. iy colleague ha r que ted me to state that if he were present .he would vote "nny."

1\Ir. McKELLAR (when . 1\fr. SHIELD ' name wa called). The senior Senator from Tenne · e [Mr. HIELD ] i unn\oid~ .ably detained on bus.ines and is paired with the junioe enat9r from Utah [Mr. KING] autl th e junior enator from laware [Mr. BALL]. . . 1\!r. UNDERWOOD (wlte..u t h name of Mr. MTTH of Georgi:t , was called): Th e ~ enior S e nator from Georgia [1\Ir. S : MITH - l \.vired .me and a ked tbat a pair be arranged for him pn tlljs question, which ha be e n <lone. He also a keel me to an.no11Jlre that if he were pr . ent lie would \Ote against the . 11a. n " e . oJ: the joint resolution. .

M.r. HAll.ll..IS. , 1\Iy colleagu [Ml ~ . S;urrH !Jf Ge<>1;gla] i · · pai~c<l with t,he S~nator fr m Oklall.oma r;\Ir. 0\ EN] and . the • nator !rom Arkan as fM1·. RoBIN O:'\]. l\Iy colleng:u i' detain d _ b~ llli·. NEWBEHRY (when :;\lt·. TowKSENn's na . uie wa . ~ c a!lc11). l\fy · ~olleague [ h·. TowK S El"u] i:-4 detained at horn e l>y 11Inc · · ln. his family. He is paired as previously announced. He desired me to state that if present he would vote" yea."

l\1r. WILLIAMS (when his name was called). I have a pair with the senior Senator from Pennsylvania [Mr. PENROSE]. Understanding, however, that if he were present he would vote just as I am about to do, I am at liberty to disregard the pair for the nonce. I vote " nay."

The roll call was concluded.

1\ir. KIRBY. I announce the unavoidable absence of the senior Senator from Arkansas [Mr. lloBI " SON], who _ would have voted for the joint re s olution if pre ent. He is paired and his pair has been announ c ed.

1\lr. McLEAN. I find that I can transfer the pair \Vhich I heretofore announced to the Senator from Ohio [Mr. POMEBENE], which I do and vote. I Yote "nay."

Mr. UNDERWOOD. I desire to announce that the Senator from Ohio [Mr. PoMERENE], for whom a pair has been arranged, is unavoidably detained outside the Capitol and unable to be here. I wi s h to announce that if pr es ent he would vote against the pa ss age of the joint resolution.

The roll c all re s ulted-yeas 56, nays 25, as follows:

YEA8-5G.

Ashur s t Hartling McCumber Ransdell Capper Harris McKellar Sheppard Chamberlain Henderson McNary Sherman Culberson John s on, Calif. Myers Smith, Ariz. Cummins “Jones, , N.M e x. Nel s on Smoot Curtis .Tone s , Wa s h. New Spencer Edg e K e llogg Newberry Stanley Elkins K e ndri c k Norris S t erling I < ' all Kenyon Nugent ~uth e rland F e rnald K e yes Page Thomas France Kirby Ph e lan Walsh, Mass. Frelinghu yse n La Follette Phipps Walsh, Mont. Gronna · Lem·oot Pittman Warren llal e McCormick Poind e xt e r Watson -

N.AY8-25.

Bankh ea d Gay Overman Underwood R ec k ham Harri s on R ee d Wad s worth B o rah Hitch c o c k 8immons Williams Brand e g ec Knox Smith , Md. Wol c ott Dial Lodg e Smith, S. e. Dillingham M c Lean Swan s on Fl e tcher ~loses Tramm.ell

NOT VOTING-15.

Dall f;or e Owen Shields Cald e r Johnson, S . Dak . Penros e Smith, Ga. Colt King Pom e r e n e Town s end p e rry :\fartin R ob in s on

The PHESIDENT pro t empore. Tlle yeas are 56 and the nays ar ~ _ 25. A quorum being pre . ·e nt untl tile joint resolution having re ce ive<} the affirmative Yot e o f more than two-thirds of the Senator s present and Yoting i s u ec lare<l to have passed the Senate in accordan c e 'Yith th e C on s ti t ution of the United States. [Applause on the floor nnd in th e galleries.]