February 14, 1933 (3)

The Senate resumed the consideration of Mr. BLAINE's motion to consider Senate Joint Resolution 211.

Mr. SHEPPARD continued his speech. After some time, when commenting on the liquor traffic, he said:

One of the principal reasons for my belief in the league is the fact that it has an active and effective bureau for the control of the liquor traffic. Some of the most instruc· tive utterances on the effect of alcohol, especially on backward peoples, can be found in the proceedings of the league.

Mr. SHEPPARD continued his speech. After some timeMr. McNARY. Mr. President, will the Senator from Texas yield?

The PRESIDING OFFICER (Mr. THOMAS of Oklahoma in the chair). Does the Senator from Texas yield to the Senator from Oregon?

Mr. SHEPPARD. I yield.

Mr. McNARY. I want to offer a unanimous-consent agreement which will not take the Senator from the floor. I ask unanimous consent that when we conclude our work to-day the Senate shall recess until 11 o'clock to·morrow morning.

The PRESIDING OFFICER. Is there objection? The Chair hears none, and that order will be entered.

Mr. TYDINGS. Mr. President, will the Senator yield?

The PRESIDING OFFICER. Does the Senator from Texas yield to the Senator from Maryland?

Mr. SHEPPARD. I yield to my friend from Maryland.

Mr. TYDINGS. May I ask the Senator from Texas if under the conditions I am about to state he will not yield the :floor? I have polled most of the so-called wet Members of the Senate, and, with one exception, those with whom I have talked will vote to support a motion to lay the proposition that is now pending on the table, which will kill it. We are anxious to have it killed. I should like the privilege if the Senator from Texas will yield the :floor, in absolute good faith, believing the motion will be killed, to make a short 10-minute statement, at the conclusion of which I will move to lay the pending motion on the table.

I will ask the Senator from Iowa [Mr. BROOKHART], who is also opposed to this motion, if he would object to having it killed now?

Mr. BROOKHART. What motion?

Mr. TYDINGS. The motion to take up the joint resolution proposing a constitutional amendment, and kill it?

Mr. BROOKHART. The Senator means to kill it by moving to lay it on the table?

Mr. TYDINGS. Yes.

Mr. BLAINE. Mr. President, a parliamentary inquiry.

Mr. SHEPPARD. Mr. President, I should like to have it understood that this proceeding is by unanimous consent.

Mr. BROOKHART. Would it take the Senator from Texas from the floor if the motion were lost?

Mr. TYDINGS. No, indeed.

Mr. BLAINE. Mr. President, I desire to make a parliamentary inquiry.

The PRESIDING OFFICER. The Senator will state it. 1

Mr. SHEPPARD. I repeat, that this proceeding is all by from Maryland yield to me? unanimous consent.

The PRESIDING OFFICER. The Chair will so hold.

Mr. BLAINE. My parliamentary inquiry is if the motion if is made will the Senator from Texas lo s e the floor?

Mr. BROOKHART. If he does not lose the floor, I have Maryland yield for that purpose? no objection.

Mr. TYDINGS. I would not want the Senator from Texas to lose the floor if my motion failed to be agreed to, but may roll. I say, Mr. President, that I will make the motion in absolute good faith, believing, after conferring with most of the so-called · wets with whom I have been able to talk, that Austin the motion will be adopted, and then we may proceed with the business of the session. If the Senator from Texas will yield for 10 minutes, I will be glad to make the motion without taking him from the floor. Black

Mr. BLAINE. Mr. President, a parliamentary inquiry. Blaine

The PRESIDENT pro tempore. The Senator will state his parliamentary inquiry. Bulow

Mr. BLAINE. Can the Senator from Maryland enter into a unanimous-consent agreement with himself and the Clark Senator from Texas that the Senator from Texas will not Connally lose the floor?

The PRESIDENT pro tempore. The Chair does not re­ Costigan gard that as a parliamentary inquiry; that is a matter of practical parliamentary procedure. The Senator from Texas has the floor.

Mr. SHEPPARD. I shall desist for the present, and, if the motion shall not be adopted, I shall take the floor again.

Mr. TYDINGS. Mr. President-­

The PRESIDENT pro tempore. The Chair is not sure that the Senator from Texas can yield the floor for the purpose of having a motion made, and can then regain it.

Mr. SHEPPARD. If I yield the floor for that purpose, I may be recognized a second time, may I not, in my own right?

The PRESIDENT pro tempore. If the Chair recognizes the Senator; yes.

Mr. SHEPPARD. The Chair, I am sure, will recognize me before there shall be a final vote.

Mr. BROOKHART. As I understand, if the Senator yields for the purpose of submitting a unanimous-consent request that will not take him off the floor.

The PRESIDENT pro tempore. It will not.

Mr. TYDINGS. No; I want to make a motion to lay on the table.

Mr. BROOKHART. Well, that can be done by unanimous consent.

Mr. TYDINGS. Mr. President-­

The PRESIDENT pro tempore. Just a minute. The when Senator from Texas still has the floor.

Mr. VANDENBERG. Where?

Mr. BLAINE. Mr. President, a parliamentary inquiry. even

The PRESIDENT pro tempore. The Senator will state it. it,

Mr. BLAINE. What is and who is before the Senate? Who has the floor?

The PRESIDENT pro tempore. · The Senator from Texas has the floor. The Senator from Texas insists that he may yield the floor to the Senator from Maryland for the pur­ yield? pose of making a motion, and the Senator from Texas insists that he may thereupon regain the floor. The Chair rules that he may regain the floor if he gets recognition from the Chair; otherwise not.

Mr. TYDINGS. Mr. President-­

Mr. SHEPPARD. Just a moment.

The PRESIDENT pro tempore. Does the Senator from to Texas yield to · the Senator from Maryland?

Mr. SHEPPARD. Mr. President, my confidence in the sense of fairness of the Chair is such that I shall take my chances on getting recognition again, and I yield the floor.

The PRESIDENT pro tempore. The Senator from Texas, being adventurous, yields the floor. [Laughter.]

Mr. TYDINGS obtained the floor.

Mr. VANDENBERG. Mr. President, will the Senator Mr. TYDINGS. I yield for a que s tion. Mr. VANDENBERG. I suggest the absence of a quorum, the Senator will pe r mit me. The PRESIDENT pro tempore. Does the Senator from

Mr. TYDINGS. I yield for that purpose.

The PRESIDENT pro tempore. The clerk will call the The legislati v e clerk called the roll, and the following Senators answered to their names:

Couzens La. Follette Sheppard

Bailey Dale Lew i s Ship stead Bankhead Davis McGill Shortridge Barbour Dickinson McKellar Smith Barkley Dill M c Nary Smoot Bingham Fess Moses Steiwer

Frazier Neely Swanson

George Norbeck Thomas, Okla. Bratton Glass Norris Townsend Brookhart Gore Nye Trammell

Hale Oddie Tydings

Byrnes Harrison Pittman Vandenberg Capper Hatfield Reed Wagn e r

Hayden Reynolds Walcott

Hebert Robinson, Ark. Wal s h, Mass.

Coolidge Kean Rob i nson, Ind. Watson Copeland Kendrick Russell White

King Schuyler

The PRESIDENT pro tempore. Seventy-one Senators having answered to their names, a quorum is present. The question is on agreeing to the motion of the Senator from Wisconsin [Mr. BLAINE].

Mr. TYDINGS. Mr. President, I desire to make a very short statement, at the conclusion of which I shall make a motion to lay upon the table the motion of the Senator from Wisconsin [Mr. BLaIne].

No business has been transacted in the Senate to-day. We have fourteen and a half days of this session left, with seven appropriation bills yet to be acted upon, with unemployment relief yet to come before us, and many other major measures; and obviously there is not sufficient time to act upon them all.

The Senator from Texas [Mr. SHEPPARD] has been speaking for several hours. When he concludes, I understand that the Senator from Iowa [Mr. BROOKHART] has a 5-hour speech, and that other Senators are prepared to filibuster against this joint resolution.

It is absolutely asinine, in my opinion, with only fourteen and a half days remaining, with important legislation to be considered, to sit here while one or two Senators talk about the League of Nations and other things that have nothing to do with this depression; and, mark you, that upon a day on which 540 banks closed in a single State; that at a time 12,000,000 people are out of employment, when 5,000 banks have failed, when a million farms have been thrown under the auctioneer's hammer. At such a time we can not get this proposition to a point where we can vote upon because of obstructive tactics.

I will ask my friend the Senator from Michigan [Mr. VANDENBERG] whether he is not ready to vote now, without further debate.

Mr. VANDENBERG. Mr. President, will the Senator

Mr. TYDINGS. I yield.

Mr. VANDENBERG. I most certainly am ready to vote immediately, and in the affirmative. Meanwhile, I want to concur in the Senator's notion that it is utter folly to proceed upon a futile and inconclusive debate.

Mr. TYDINGS. Are there any other Senators who wish ask me a question in which they can indicate their readiness to vote now, without further debate?

Mr. REED. Mr. President--

The PRESIDENT pro tempore. Does the Senator from Maryland yield to the Senator from Pennsylvania?

Mr. TYDINGS. I yield to the Senator for a question.

Mr. REED. Does · the Senator know that I am willing to stay here all night to force this joint resolution to a vote?

Mr. BARBOUR. Mr. President, will the Senator yield? Mr. TYDINGS. I yield. Mr. BARBOUR. I am ready and anxious to vote now. Mr. TYDINGS. I yield only for a question. Mr. DAVIS and Mr. KEAN addressed the Chair. The PRESIDENT pro tempore. Does the Senator from question? Maryland yield; and if so, to whom? Mr. TYDINGS. I yield to the Senator from Pennsylvania vania for a question. for a question.

Mr. DAVIS. Mr. President, why can we not vote now?

Mr. TYDINGS. I yield only for a question.

Mr. NORRIS. That is a question.

Mr. KEAN. Mr. President, will the Senator yield?

Mr. TYDINGS. Yes; I yield.

Mr. KEAN. I am ready to stay here not only to-night but every night this week to get an opportunity to vote " yea " on the pending motion.

Mr. TYDINGS. I take it for granted that if we were to call the entire roll, there would not be eight Senators in the Chamber who are not ready to vote now. I think it is a shame that the Senate has to be indicted and criticized as a body, and that the responsibility can not be fixed upon the six or eight men who are ready to filibuster on this proposition at a time like this. I am satisfied that the indictment and the criticism which will flow from this day's proceedings, and which will encompass every one of us, as a matter of fact justly ought to be applied to a very, very few Senators.

Mr. WALCOTT. Mr. President--

The PRESIDENT pro tempore. Does the Senator from Maryland yield to the Senator from Connecticut?

Mr. TYDINGS. I yield to the Senator for a question.

Mr. WALCOTT. I am ready and eager to vote, and vote in the affirmative. It seems to me an outrage that this filibuster is allowed to go on. If it does go on, I am in favor of going on night and day until those engaged in the filibuster are tired out.

Mr. TYDINGS. Mr. President, if I thought there was the slightest chance of this measure being enacted, I would not make the motion which I am about to make; btit every Senator in this body knows that it is doubtful if the joint resolution can pass here. He further knows that in the public press the leading member of another body is reported as saying that the joint resolution can not pass the House; that it will not even be submitted to the House in its · present form. Why we want to consider something that there is not the slightest chance of passing, with only 14¥2 days left, is absolutely beyond me.

I wish it were possible that a roll call could be had to find those who want to filibuster on this matter, who want to deny to the American people a vote, not on whether they will be wet or dry but on the form of government and constitution under which they shall live. That is all that is involved here-the right of the people to pass upon their form of government-and yet, with all our boasted democracy, we are afraid to let the people pass upon their form of government. They can reject the amendment if the joint resolution is passed, or they can adopt it.

Mr. COUZENS. Mr. President--

The PRESIDENT pro tempore. Does the Senator from Maryland yield to the Senator from Michigan?

Mr. TYDINGS. I yield for a question.

Mr. COUZENS. Will not the Senator move to suspend the rules, so that we can limit debate?

Mr. TYDINGS. I should be glad to do that; but as I have looked into the matter, with the parliamentary situation as it is at present, as long as this motion is pending there is no way in which we can have a proposition considered to suspend the rules. I thought of that, and submitted it to the Parliamentarian, and he tells me that that would not now be in order.

Mr. President, on behalf of those who favor submitting this amendment to the people, I want · to say that a vote to lay this motion upon the table does not mean that we are opposed to submitting this so-called repeal OT modification, in whatever form it may pass, to the legislatures or conventions of the States. It simply means that knowing that it can not be adopted, with only 14¥2 days left, it should be laid aside in order to do at least whatever little bit we can toward bettering conditions in America.

Mr. REED. Mr. President, will the Senator permit a

Mr. TYDINGS. I yield to the Senator from Pennsyl­

Mr. REED. Since we have all, or most of us, promised our constituents that we will favor a submission of this question to them, what will they think of our sincerity if, after five hours and a half of filibuster, we cave in without making any effort to break that filibuster?

Mr. TYDINGS. The Senator's question is a very pertinent one; and I am sure that many of us may be misunderstood. However, I pointed put in my first statement that as soon as the Senator from Texas completes his speech, which I understand is to go on for three or four more hours, the Senator from Iowa [Mr. BROOKHART] is to try to get the floor and speak for four or five more hours; and it was only because I realized that perhaps two or three days of valuable time would be consumed, which we could employ to better use in other fields, that I reluctantly have made this motion, realizing that there is no way to break this filibuster except by laying the motion on the table and devoting our attention to other things.

Therefore, Mr. President, I move-not that we who will vote for the motion are opposed to the general philosophy of this joint resolution, but because it is the only way in which we can make the most of the 14% days which yet remain-! move, sir, that the motion of the Senator from Wisconsin [Mr. BLAINE] be laid upon the table.

Mr. ROBINSON of Arkansas. Mr. President--

The PRESIDENT pro tempore. The motion is not debatable.

Mr. ROBINSON of Arkansas. · The Senator from Maryland has debated his motion by consent of the Senate. I ask five minutes in which to address the Senate regarding it.

The PRESIDENT pro tempore. Is there objection? The Chair hears none, and the Senator from Arkansas is recognized for five minutes.

Mr. ROBINSON of Arkansas. Mr. President, it is well known that at this stage of the session it is a physical and moral impossibility to pass measures which are filibustered against by an organization in the Senate.

This motion, however, was made by the Senator from Wisconsin [Mr. BLAINE]. He recognizes the difficulties that inhere in the situation. I am advised that he is not disposed to hold this motion before the Senate to the exclusion of other business. I think, however, that he has not had a fair opportunity to determine whether there is, or will be, a persistent, organized filibuster against his motion, and I think he is entitled to some additional time for the consideration of his motion.

Mr. President, this is a pitiable spectacle. It repeats what happened here just a few weeks ago, when with substantially little opposition to a bill, . when the opposition consisted of just a few Senators, we were kept in session indefinitely in order to dispose of the Glass banking bill.

I wish to know now whether immediately upon the demonstration of a disposition to filibuster the Senate is going to surrender its right and its opportunity to legislate. If so, I point out to Senators that every bill that is coming on following this motion is liable to encounter the same conditions that are presented here.

One Senator has spoken against the motion of the Senator from Wisconsin. I know that the Senator from Wisconsin does not wish to obstruct legislation. I have talked with him about the matter. I feel that the action of the Senator from Texas in yielding the floor to the Senator from Maryland in order to make a motion to table this motion is in a measure an unfair prejudgment of the attitude of the Senate on this question.

For my part, I recognize, as suggested by the Senator from Maryland, that if there is a persistent filibuster conducted by a number of Senators, it would be impossible to have a vote on this motion and a · vote on this joint resolution providing for submitting a resolution of repeal; but I do not believe that the matter ought to be concluded until it has been developed that there is a determination to prevent a vote, and I do not think that the display of the attitude of one Senator is sufficient to justify this body in reaching that conclusion.

For that reason I shall vote against the motion of the Senator from Maryland.

Mr. KEAN. Mr. President, will the Senator yield?

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

Mr. LA FOLLETTE. Regular order I

Mr. KEAN. I should like to ask the Senator a question.

Mr. TYDINGS. Let us have the yeas and nays.

Mr. KEAN. I want to ask the Senator if he will not bring in a motion for cloture, . so that we can have a vote on the merits of this matter.

The PRESIDENT pro tempore. The time of the Senator from Arkansas has expired.

Mr. ROBINSON of Arkansas. I am denied the privilege Costigan of replying.

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

The yeas and nays were ordered.

The PRESIDENT pro tempore. The clerk will call the roll upon the motion of the Senator from Maryland [Mr. Barkley TYDINGS] to lay upon the table the motion of the Senator from Wisconsin [Mr. BLAINE].

The Chief Clerk proceeded to call the roll.

Mr. BRATTON (when his name was called). I have a pair with the junior Senator from Nebraska [Mr. HoWELL], who is absent from the city on official business of the Senate. i transfer that pair to the senior Senator from Louisiana IMr. BRoussARD] and vote "nay."

Mr. FESS (when his name was called). On this vote I am paired with the senior Senator from New York [Mr. Copeland CoPELAND], who has been called from the Chamber on account of a death in his family. I therefore withhold my vote.

Mr. NORRIS (when Mr. HOWELL'S name was called). My colleague [Mr. HowELL] is absent from the city on official business of the Senate. If he were present and permitted to vote, he would vote " yea."

Mr. SWANSON (when his name was called). I have a general pair with the senior Senator from illinois [Mr. GLENN]. In his absence I withhold my vote, not knowing how he would vote. If I were permitted to vote, I would vote " nay."

The roll call was concluded.

Mr. BINGHAM. If the senior Senator from Rhode Island [Mr. METCALF] were present, he would vote "nay."

Mr. DAVIS (after having voted in the negative). I have a general pair with the junior Senator from Kentucky [Mr. LoGAN]. Not knowing how that Senator would vote, I withdraw my vote.

Mr. TYDINGS (after having voted in the affirmative). I understand from the announcement of the senior Senator from Connecticut [Mr. B~GHAMJ that he believes that the senior Senator from Rhode Island [Mr. METCALF] if present would vote "nay." In view of that announcement, I withdraw my vote.

Mr. SHIPSTEAD. My colleague [Mr. ScHALL] is unavoidably absent from the Senate.

Mr. FRAZIER (after having voted in the affirmative). On this question I have a pair with the junior Senator from Louisiana [Mr. LoNG], who is absent from the city. I therefore withdraw my vote.

Mr. FESS. I desire to announce the following general pairs:

The Senator from Delaware [Mr. HASTINGS] with the Senator from Arizona [Mr. AsHURST];

The Senator from Wyoming [Mr. CAREY] with the Sena- tor from Arkansas [Mrs. CARAWAY];

The Senator from Minnesota EMr. ScHALL] with the Senator from Florida [Mr. FLETCHER];

The Senator from Maryland [Mr. GOLDSBOROUGH] with the Senator from Montana [Mr. WALSH]; and

The Senator from Idaho [Mr. THoMAS] with the Senator from Montana [Mr. WHEELER].

.Mr. WAGNER (after having voted in the negative). I transfer my general pair with the Senator from Missouri [Mr. PATTERSON] to the Senator from Ohio [Mr. BULKLEY] and allow my vote to stand.

Mr. FESS. I have been requested to announce that the Senator from Wyoming [Mr. CAREY] is absent on the business of the Senate. If present he would vote "nay."

I also wish to announce that the Senator from California [Mr. JoHNSON] is unavoidably detained. If present he would vote " nay."

The result was announced-yeas 28, nays 39, as follows:

YEAS-28

Black Couzens Hatfield Russell Brookhart Dale McGill Sheppard Bulow Dickinson Neely Smith Capper Dill Norris - Smoot Clark George Nye Stephens Connally Glass Reynolds Thomas, Okla.

Gore Robinson, Ind. Vandenberg

NAYB-39

Austin Hale McKellar Shortridge Bailey Harrison McNary Steiwer Bankhead Hayden Moses Townsend Barbour Hebert Norbeck Trammell

Hull Oddie Wagner

Bingham Kean Pittman Walcott Blalne Kendrick Reed Walsh, Mass. Bratton King Robinson, Ark. Watson Byrnes La Follette Schuyler White Coolidge Lewis Shipstead

NOT VOTING-29

Ashurst · Davis Howell Swanson Borah Fess Johnson Thomas, Idaho Broussard Fletcher Keyes Tydings Bulkley Frazier Logan Walsh, Mont. Caraway Glenn Long Wheeler Carey Goldsborough Metcalf

Grammer Patterson

Cutting Hastings Schall

So the Senate refused to lay on the table Mr. BLAINE'S motion to proceed to the consideration of Senate Joint Resolution 211.

The ' PRESIDING OFFICER CMr. VANDENBERG in the chair). The Senator from Texas is recognized.