Debates in the Senate on the Seventeenth Amendment, 1911

June 13, 1911 (2)

ELECTION OF SENATORS BY DIRECT VOTE.9 min read
1: Senate, June 13, 1911 (2), ¶ 1 (Senate1911.Jun13b.1)

?!:Ir. REED. Mr. President, a number of Senators have expressed the desire to have the opportunity to examine the question which was discussed this afternoon as to the right of the President of the Senate to cast the deciding vote on the amendment offered to the proposition to amend the Constitution. I want to say now that when I made the suggestion on yesterday, that I doubted the right of the President of the Senate to yote en that question, I said then, and repeat now, that it is a matter upon which I haye arrived at no fillll conclusion, but I thought it a question of such gravity as to merit consideration, and to the end that we may all ha-ve the opportunity to give it full and fair examination, not only because of its importance with reference to the matter which I may say is yet pending, but with reference to future business of the Senate, I desire to move at this time a reconsideration of the vote taken on the joint resolution proposing an amendment to the Constitution, and also a reconsideration of the vote taken upon the amendment offered by the Senator from Kansas [l\fr. BRISTOW].

2: Senate, June 13, 1911 (2), ¶ 2 (Senate1911.Jun13b.2)

The .VICE PRESIDENT. The Chair can not recognize the Senator from Missouri to make the second moti on . He can recognize him to make the first motion, but the Senator from Missouri -voted against the second proposition.

4: Senate, June 13, 1911 (2), ¶ 4 (Senate1911.Jun13b.4)

The VICE PRESIDENT. The Senator from Missouri moves to reconsider the vote by which House joint resolution 39 was passed on yesterday.

5: Senate, June 13, 1911 (2), ¶ 5 (Senate1911.Jun13b.5)

Mr. LODGE. Mr. President, I take it the Senator from Missouri does not expect action on that motion immediately.

6: Senate, June 13, 1911 (2), ¶ 6 (Senate1911.Jun13b.6)

1\Ir. REED. No, sir; I was about to ask-and I am ghd to have the matter settled, Mr. President, as to my right-I was about to ask to have this matter lie upon the table, and I will say now to Senators, some of whom desire to leave the city, that I shall not call it up this week.

7: Senate, June 13, 1911 (2), ¶ 7 (Senate1911.Jun13b.7)

The VICE PRESIDENT. May the Chair call the attention of the Senator from Missouri to the fact that such a motion, when a bill or joint resolution has passed out of · the consideration of the Senate, as in this case, must be accompanied by a motion requesting the other House to return the bill or joint resolution, and the latter motion must be acted upon at once under clause 2 of Rule XIII?

8: Senate, June 13, 1911 (2), ¶ 8 (Senate1911.Jun13b.8)

Mr. REED. I was not aware of that rule. My attention had not been called to it.

9: Senate, June 13, 1911 (2), ¶ 9 (Senate1911.Jun13b.9)

The VICE PRESIDENT. May the Chair read it to the Senator?

12: Senate, June 13, 1911 (2), ¶ 12 (Senate1911.Jun13b.12)

When a bill, resolution, report, amendment, order, or message , upon which a vote has been taken, shall have gone out of the po s session of the Senate and been communica t ed to the House of Representatives, the motion to reconsider shall be accompanied by a motion to request the House to return the same; which la s t motion shall be acted upon imm e diately and without debate, and if determined in the negative shall be a final disposition of the motion to reconsider.

13: Senate, June 13, 1911 (2), ¶ 13 (Senate1911.Jun13b.13)

Mr. REED. Mr. President, I am very much in earnest about the desire to have this question settled right I intend, so far Fletch e r as I · am able, to examine the proposition, and if I conclude that the point is not well taken, to say so in this body. I now ask unanimous consent for the adoption of a motion to recall the Borah joint resoluti o n from the House of Representatives. I fear I have not put it in proper form.

14: Senate, June 13, 1911 (2), ¶ 14 (Senate1911.Jun13b.14)

The VICE PRESIDENT. As the Chair understands, then, Bri s tow the Senator from Missouri moves to reconsider the vote by which the joint resolution was passed and to request of the House of Representatives a return of the joint resolution.

15: Senate, June 13, 1911 (2), ¶ 15 (Senate1911.Jun13b.15)

Mr. REED. That is exactly it. I do not have the rules before me.

16: Senate, June 13, 1911 (2), ¶ 16 (Senate1911.Jun13b.16)

The VICE PRESIDENT. And upon the latter motion the Senator from Missouri asks unanimous consent that the request be agreed to. Is there objection?

18: Senate, June 13, 1911 (2), ¶ 18 (Senate1911.Jun13b.18)

The VIOJD PRESIDENT. Objection is made. The question, then, is on agreeing to the motion to ask the House of Representatives to return to the Senate the joint resolution.

19: Senate, June 13, 1911 (2), ¶ 19 (Senate1911.Jun13b.19)

l\Ir. DIXON. I ask for the yeas and nays.

20: Senate, June 13, 1911 (2), ¶ 20 (Senate1911.Jun13b.20)

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

21: Senate, June 13, 1911 (2), ¶ 21 (Senate1911.Jun13b.21)

Mr. DILLINGHAM (when his name was called). I have a general pair with the senior Senator from South Carolina [Mr. TILLMAN], and therefore withhold my vote.

22: Senate, June 13, 1911 (2), ¶ 22 (Senate1911.Jun13b.22)

l\fr. BACON (when Mr. FRYE'S name was called). I have a general pair with the Senator from Maine [Mr. FRYE]. I have already voted. I have done so because I have arranged to transfer my pair with the Senator from Maine to my colleague the Senator from Georgia [Mr. TERRELL], so that the Senator from Maine will stand paired with the Senator from Georgia.

23: Senate, June 13, 1911 (2), ¶ 23 (Senate1911.Jun13b.23)

Mr. GUGGENHEIM (when his name was called). I have a general pair with the senior Senator from Kentucky [Mr. PAYNTER]. As he is not present, I will withhold my vote.

24: Senate, June 13, 1911 (2), ¶ 24 (Senate1911.Jun13b.24)

Mr. McCUMBER (when his name was called). I have a general pair with the senior Senator from Mississippi [Mr. PERcY]. He being absent, I will withhold my vote.

25: Senate, June 13, 1911 (2), ¶ 25 (Senate1911.Jun13b.25)

Mr. LODGE (when Mr. RooT's name was called). The Senator from New York [Mr. RooT] is unavoidably absent. He is paired with the Senator from Nevada [Mr. NEWLANDS], and that pair will stand for the afternoon.

26: Senate, June 13, 1911 (2), ¶ 26 (Senate1911.Jun13b.26)

Mr. WARREN (when his name was called). I have a standing pair with the senior Senator from Louisiana [Mr. FosTER]. I do not know how that Senator would vote if present, and I therefore withhold my vote.

28: Senate, June 13, 1911 (2), ¶ 28 (Senate1911.Jun13b.28)

Mr. BRADLEY (after having voted in the negative). I find Forbes; that the Senator from Tennessee [Mr. TAYLOR], with whom I have a general pair, is not present. I therefore withdraw my Raum; vote. _

29: Senate, June 13, 1911 (2), ¶ 29 (Senate1911.Jun13b.29)

Mr. GALLINGER (after having voted in the affirmative). I voted inadvertently. I have a pair with the Senator from Arkansas [Mr. DAVIS], and I therefore withdraw my vote.

30: Senate, June 13, 1911 (2), ¶ 30 (Senate1911.Jun13b.30)

Mr. CHAMBERLAIN (after having voted in the affirmative). I have a general pair with the junior Senator from Pennsylvania [.Mr. OLIVER], and I desire to withdraw my vote.

31: Senate, June 13, 1911 (2), ¶ 31 (Senate1911.Jun13b.31)

Mr. DILLINGHAM. I transfer my pair with the senior Sena· tor from South Carolina [Mr. 'l'ILLMAN] to the junior Senator from Massachusetts [Mr. CRANE] and vote. I vote "yea."

32: Senate, June 13, 1911 (2), ¶ 32 (Senate1911.Jun13b.32)

Mr. O'GORMAN (after having voted in the affirmative). I voted inadvertently in the absence of the Senator from Rhode Island [Mr. LIPPITT], with whom I am paired. If the Senator from Rhode Island were present, he would vote "nay," and I should vote "yea." As he is absent, I withdraw my vote.

33: Senate, June 13, 1911 (2), ¶ 33 (Senate1911.Jun13b.33)

.Mr. MYERS. I am paired with the Senator from Connecticut [Mr. McLEAN], but I transfer that pair to the Senator from Maryland [Mr. SMITH] and vote. I vote "yea."

34: Senate, June 13, 1911 (2), ¶ 34 (Senate1911.Jun13b.34)

Mr. JONES. My colleague [Mr. POINDEXTF..R] is unavoidably detained from the Chamber. I do not know how he would vote if present.

35: Senate, June 13, 1911 (2), ¶ 35 (Senate1911.Jun13b.35)

l\Ir. JOHNSTON of Alabama. I desire to announce that the junior Senator from South Carolina [Mr. SMITH] is paired with the junior Senator from Delaware [Mr. RICHARDSON].

36: Senate, June 13, 1911 (2), ¶ 36 (Senate1911.Jun13b.36)

Mr. NEWLANDS. I am paired with the Senator from New York [Mr. RoOT]. I transfer that pair to the Senator from Oklahoma [Mr. OwEN] and vote. I vote "yea."

37: Senate, June 13, 1911 (2), ¶ 37 (Senate1911.Jun13b.37)

The result was announced-yeas 33, nays 33, as follows :

39: Senate, June 13, 1911 (2), ¶ 39 (Senate1911.Jun13b.39)

Ba c on Heyburn Myers Smoot Bailey Hitchcock New lands Stone Bankh e ad John s on, Me. Overman Swanson Bryan John s ton, Ala. Page Thornton Chilton Kern Pomerene Watson Culber s on Lea Rayner Williams Dillin g ham Lodge Reed

44: Senate, June 13, 1911 (2), ¶ 44 (Senate1911.Jun13b.44)

Bourne Clarke , Ark. Jones Steph e nson Brand e gee • Crawford Kenyon Sutherland Briggs Cullom La Follette Townsend

46: Senate, June 13, 1911 (2), ¶ 46 (Senate1911.Jun13b.46)

Br o wn Curtis Nel s on Works. Burnham Dixon Nixon Bur t on du Pont Penrose Clapp Gamble Perkins

48: Senate, June 13, 1911 (2), ¶ 48 (Senate1911.Jun13b.48)

Bradley Guggenheim Paynter Taylor Chamberlain Lippitt Percy T e rrell Crane Mccumber Poindexter Tillman Davis McLean R i chardson Warren Foster O'Gorman Root Frye Oliver Smith, Md. Gallinger Owen Smith, S. C.

49: Senate, June 13, 1911 (2), ¶ 49 (Senate1911.Jun13b.49)

The VICE PRESIDENT. On the motion to recall the joint resolution from the House of Representatives the yeas are 33 and the nays are 33. The motion is lost.

51: Senate, June 13, 1911 (2), ¶ 51 (Senate1911.Jun13b.51)

Bills and a joint resolution were · introduced, read the first time, and, by unanimous consent, the second time, and referred as follows:

53: Senate, June 13, 1911 (2), ¶ 53 (Senate1911.Jun13b.53)

A bill (S. 2733) for the relief of the estate of Almon P. Frederick; to the Committee on Claims.

55: Senate, June 13, 1911 (2), ¶ 55 (Senate1911.Jun13b.55)

A bill (S. 2'734) granting an increase of pension to Alexander H. Farmer; to the Committee on Pensions.

57: Senate, June 13, 1911 (2), ¶ 57 (Senate1911.Jun13b.57)

A bill (S. 2735) granting a pension to Henderson Ramey; to the Committee on Pensions.

59: Senate, June 13, 1911 (2), ¶ 59 (Senate1911.Jun13b.59)

A bill (S. 2736) granting an increase of pension to Edward D. Hagen (with accompanying papers); to the Committee on Pensions.

61: Senate, June 13, 1911 (2), ¶ 61 (Senate1911.Jun13b.61)

A bill (S. 2737) to amend the military record of Patrick McGough (with accompanying paper); to the Committee on Military Affairs.

62: Senate, June 13, 1911 (2), ¶ 62 (Senate1911.Jun13b.62)

A bill (S. 2738) granting an increase of pension to Thoma: Penwarden ;

63: Senate, June 13, 1911 (2), ¶ 63 (Senate1911.Jun13b.63)

A bill (S. 2739) granting an increase of pension to Edward S. Clithero ;

64: Senate, June 13, 1911 (2), ¶ 64 (Senate1911.Jun13b.64)

A bill ( s. 27 40) granting an increase of pension to Mary J , A bill (S. 2741) granting an increase of pension to Maria A bill (S. 2742) granting an increase of pension to Henry Kirk (with accompanying papers) ;

65: Senate, June 13, 1911 (2), ¶ 65 (Senate1911.Jun13b.65)

A bill (S. 2743) granting an increase of pension to J. W. Gladson (with accompanying papers);

66: Senate, June 13, 1911 (2), ¶ 66 (Senate1911.Jun13b.66)

A bill ( S. 2744) granting an increase of pension to Joseph W. Eystra (with accompanying papers) ;

67: Senate, June 13, 1911 (2), ¶ 67 (Senate1911.Jun13b.67)

A bill (S. 2745) granting an increase of pension to William J. King (with accompanying papers); and

68: Senate, June 13, 1911 (2), ¶ 68 (Senate1911.Jun13b.68)

A bill (S. 2746) granting an increase of pension to Stiles H. Wirts (with accompanying papers); to the Committee -0n Pensions.

69: Senate, June 13, 1911 (2), ¶ 69 (Senate1911.Jun13b.69)

By .Mr. CLARKE of Arkansas (for Mr. PERCY) :

70: Senate, June 13, 1911 (2), ¶ 70 (Senate1911.Jun13b.70)

A bill (S. 2747) for the est.ablishment of a drainage fund and the construction of works for the reclamation of swamp and oTer:flowed lands; to the Committee on Agriculture and Forestry.

72: Senate, June 13, 1911 (2), ¶ 72 (Senate1911.Jun13b.72)

A bill (S. 2748) for the relief of Clara Dougherty, Ernest Kubel, and Josephine Taylor, owners of lot No. 13; of Ernest Kubel, owner of lot No. 41; and of Mary Meder, owner of the south 17.10 feet front by the full depth thereof of lot No. 14, all of said property in square No. 724, in Washington, D. C., with ' regard to assessment and payment for damages on account of change o! grade due to the construction of Union Station, in said District (with accompanying paper); to the Committee on ject the District of Columbia.

74: Senate, June 13, 1911 (2), ¶ 74 (Senate1911.Jun13b.74)

A bill (S. 2749) authorizing the State Department to deliver to certain persons gifts from the governments of f-Oreign States; to the Committee on Foreign Relations.

76: Senate, June 13, 1911 (2), ¶ 76 (Senate1911.Jun13b.76)

A bill ( S. 2750) to amend sections 90, 99, 105, and 186 of an act entitled "An act to codify, revise, and amend the laws relating to the judiciary," approved Mar.ch 3, 1911; to the Committee on the Judiciary.

78: Senate, June 13, 1911 (2), ¶ 78 (Senate1911.Jun13b.78)

A joint resolution (S. J. Res. 35) in reference to the employment of enlisted men in competition with local civilians; to the Committee on Education and Labor.

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