Debates in the Senate on the Twenty-third Amendment, 1960

February 2, 1960 (4)

FILLING OF TEMPORARY VACAN­ . · CIES IN THE HOUSE OF REPRESENTATIVES7 min read
1: Senate, February 2, 1960 (4), ¶ 1 (Senate1960.Feb2d.1)

The Senate resumed the consideration of the joint resolution (S. J. ;Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

2: Senate, February 2, 1960 (4), ¶ 2 (Senate1960.Feb2d.2)

The ACTING PRESIDENT protemPOl~e. The question is on agreeing to the amendment offered by the Senator from New York [Mr. KEATING] for - himself and other Senators. On this question the yeas and nays have been ordered.

3: Senate, February 2, 1960 (4), ¶ 3 (Senate1960.Feb2d.3)

Mr. ALLOTT. Mr. President, · in the temporary absence of -the majority leader and the minority leader, I suggest the absence of a quorum.

4: Senate, February 2, 1960 (4), ¶ 4 (Senate1960.Feb2d.4)

The ACTING PRESID E NT pro tempore. The clerk will call the roll.

5: Senate, February 2, 1960 (4), ¶ 5 (Senate1960.Feb2d.5)

The legislative clerk proceeded to call the roll.

6: Senate, February 2, 1960 (4), ¶ 6 (Senate1960.Feb2d.6)

Mr. DIRKSEN. Mr. President, I a s k · unanimous consent that the o r der for the quorum call be reScinded.

7: Senate, February 2, 1960 (4), ¶ 7 (Senate1960.Feb2d.7)

· The ACTING PRESIDENT pro tempore. Without objection, it is so ordered. · Mr. DffiKSEN. I will take only a minute. I submit for the RECORD a letter which was written by the Special Counsel to the President with respect to the pending proposal. It was addressed to the Senator from Tennessee [Mr. KEFAUVER], and reads as follows:

9: Senate, February 2, 1960 (4), ¶ 9 (Senate1960.Feb2d.9)

Wa s hington, D.C., September 9 , 1959.

10: Senate, February 2, 1960 (4), ¶ 10 (Senate1960.Feb2d.10)

Han. EsTES KEFAUVER, U.S. Senate, Washington, D . C.

11: Senate, February 2, 1960 (4), ¶ 11 (Senate1960.Feb2d.11)

DEAR SENATOR KEFAUVER: The President has asked me to write to you on his behalf regarding Senate Joint Resolution 138, introduced by Senator KEATING of New York for · himself, Senator BEALL of Maryland, and Senator CASE of South Dakota. The joint resolution ' proposes an amendment to the Constitution granting represent a tion in the House of Representatives and in the electorial college to the District of Columbia.

12: Senate, February 2, 1960 (4), ¶ 12 (Senate1960.Feb2d.12)

The 1956 Republican platform stated for Aiken the Republican Party: "We favor self-government, national . suffr a ge, and representation in the Congress of the United States for residents of the District of Columbia."

13: Senate, February 2, 1960 (4), ¶ 13 (Senate1960.Feb2d.13)

The 1956 Republican platform has been Brunsdale and continues to be strongly supported by the President.

17: Senate, February 2, 1960 (4), ¶ 17 (Senate1960.Feb2d.17)

Mr. President, I thought I ought to make known that the proposal submitted Clark by the distinguished Senator from New York, for himself and other Senators, is in accord with the Republican Party Dodd platform and is in accord with the posi- tion supported and confirmed by the President of the United States.

18: Senate, February 2, 1960 (4), ¶ 18 (Senate1960.Feb2d.18)

The ACTING PRESIDENT pro tempore. The question is on agreeing to the amendment offered by the Senator from New York [Mr. KEATING] and other Senators. On this question the yeas and nays have been ordered, and the clerk will call the roll.

20: Senate, February 2, 1960 (4), ¶ 20 (Senate1960.Feb2d.20)

Mr. JOHNSON of Texas. I announce that the Senator from Massachusetts [Mr. KENNEDY], the Senator from Montana [Mr. MANSFIELD], the senator from Wyoming [Mr. McGEE], the Senator from Utah, [Mr. Moss], the Senator from Montana [Mr. MuRRAY], and the Senator from Alabama [Mr. SPARKMAN] are absent on official business.

21: Senate, February 2, 1960 (4), ¶ 21 (Senate1960.Feb2d.21)

The Senator from Mississippi [Mr. EAsTLAND] is absent because of illness and is confined to the hospital.

22: Senate, February 2, 1960 (4), ¶ 22 (Senate1960.Feb2d.22)

The . Senator from Oregon [Mr. . NEUBERGER] and the Senator from Wyoming [Mr. O'MAHONEY] are absent because of illness.

23: Senate, February 2, 1960 (4), ¶ 23 (Senate1960.Feb2d.23)

The Senator from Florida [Mr. SMATHERS] is absent on official business attending the Latin American Trade Study Mission as . Chairman of the Latin American Trade Subcommittee of the Senate Int e rstate and Foreign Commerce Committee.

24: Senate, February 2, 1960 (4), ¶ 24 (Senate1960.Feb2d.24)

I further announce that if present and voting , the Senator from Massachusetts [Mr. KEN N EDY ), the Senator from Wyoming [Mr. McGEE], the Senator from Utah [Mr. Moss], · the Senator from Montana [Mr. MuRRAY), and the Senator from Oregon [Mr. N E UBERGER] would each vote " yea."

25: Senate, February 2, 1960 (4), ¶ 25 (Senate1960.Feb2d.25)

The Senator from Montana rMr. MANSFIELD] is paired with the Senator from Alabama · [Mr. SPARIQ\{AN]. If present a nd voting, the Senator from Montana would vote "yea" and the Senator from Alabama would vote " nay." The Senator from Wyoming [Mr. O'MAHONEY] is paired with the Senator from Mississippi [Mr. EASTLAND]. If present and voting, the Senator from Wyoming would vote "yea" and the Senator from Mississippi · would vote

26: Senate, February 2, 1960 (4), ¶ 26 (Senate1960.Feb2d.26)

Mr. KUCHEL. I announce that the Senator from Utah [Mr. BENNETT] is absent on official business, and if present and voting, would vote "yea." The Senator from Indiana [Mr. CAPEHART] is necessarily absent.

27: Senate, February 2, 1960 (4), ¶ 27 (Senate1960.Feb2d.27)

The result was announced-yeas 63, nays 25, as follows:

30: Senate, February 2, 1960 (4), ¶ 30 (Senate1960.Feb2d.30)

,All ott En g le Magnuson B a rtlett Fong M a rtin Be a ll Fulbright Monroney Bible Gore Morse Bridges Green Morton

32: Senate, February 2, 1960 (4), ¶ 32 (Senate1960.Feb2d.32)

Bush Hart Muskie Byrd, W.V a . Hartke Pastore Cannon Hennings Prouty Carlson Humphrey Proxmire Carroll Jackson Randolph Case, N.J. Javits Saltonstall Case, S. Dak. Johnson, Tex. Schoeppel Church Jordan Scott

34: Senate, February 2, 1960 (4), ¶ 34 (Senate1960.Feb2d.34)

Cooper Kefauver Symington Cotton Kuchel Wiley Dirksen L a usche Williams, N.J.

38: Senate, February 2, 1960 (4), ¶ 38 (Senate1960.Feb2d.38)

Anderson Hayden Robertson Butler H i ckenlooper Russell Byrd, Va. Hill Stennis Chavez Holland . Talmadge Curtis Hruska Thurmond Ellender Johnston, S.C. Wllliams , Del . Ervin Kerr Young , N.D a k. Frear ~ Long, La. Goldwater McClellan

40: Senate, February 2, 1960 (4), ¶ 40 (Senate1960.Feb2d.40)

Bennett McGee Neuberger Capehart Mansfield O'Mahoney Eastland Moss Smathers Kennedy Murray Sparkman

41: Senate, February 2, 1960 (4), ¶ 41 (Senate1960.Feb2d.41)

So Mr. KEATING's amendment was agreec;l to.

42: Senate, February 2, 1960 (4), ¶ 42 (Senate1960.Feb2d.42)

Mr. CASE of South Dakota. Mr. President, I move that the vote by which the amendment of the Senator from New York was agreed to be · reconsidered.

43: Senate, February 2, 1960 (4), ¶ 43 (Senate1960.Feb2d.43)

Mr. KEATING. Mr. President, I move to lay on the table the motion to reconsider.

44: Senate, February 2, 1960 (4), ¶ 44 (Senate1960.Feb2d.44)

The ACTING PRESIDENT protempore. The question is on agreeing to the motion to lay on the table the motion to reconsider.

45: Senate, February 2, 1960 (4), ¶ 45 (Senate1960.Feb2d.45)

The motion to . lay on the table was agreed to.

46: Senate, February 2, 1960 (4), ¶ 46 (Senate1960.Feb2d.46)

Mr. JOHNSON of Texas. Mr. President, on the question of final passage, I ask for the yeas and nays. ·

47: Senate, February 2, 1960 (4), ¶ 47 (Senate1960.Feb2d.47)

The ACTING PRESIDENT pro tempore. Is there . a sufficient second? - The yeas and nays were ordered.

48: Senate, February 2, 1960 (4), ¶ 48 (Senate1960.Feb2d.48)

The ACTING PRESIDENT pro tempore. The question now is on the engrossment and third reading of the joint resolution. _ The joint resolution was ordered to be engrossed for a third reading, and was read the third time.

49: Senate, February 2, 1960 (4), ¶ 49 (Senate1960.Feb2d.49)

The ACTING PRESIDENT pro tempore. The question now is, Shall the joint resolution pass?

50: Senate, February 2, 1960 (4), ¶ 50 (Senate1960.Feb2d.50)

On this question, the yeas and nays have been ordered; and the clerk will call the - roll.

52: Senate, February 2, 1960 (4), ¶ 52 (Senate1960.Feb2d.52)

Mr. JOHNSON of Texas. I announce that the Senator from Massachusetts [Mr . KENNEDY], the Senator from Montana [Mr. MANSFIELD], the Senator from Wyoming [Mr. McGEE]. the Senator from Utah [Mr. Moss], the Senator from Montana [Mr. MuRRAY], and the Senator from Alabama [Mr. SPARKMAN] are absent on official business.

53: Senate, February 2, 1960 (4), ¶ 53 (Senate1960.Feb2d.53)

The Senator from Mississippi [Mr. EASTLAND 1 is absent because of illness and is confined to the hospital.

54: Senate, February 2, 1960 (4), ¶ 54 (Senate1960.Feb2d.54)

The Senator from Oregon - [Mr. NEuBERGER] and the Senator from Wyoming [Mr. O'MAHONEY] are absent because of illness.

55: Senate, February 2, 1960 (4), ¶ 55 (Senate1960.Feb2d.55)

The Senator from Florida [Mr. SMATHERS] is absent on official business attending the Latin American trade study mission as chairman of the Latin American Trade Subcommittee of Senate Interstate and Foreign Commerce Committee.

56: Senate, February 2, 1960 (4), ¶ 56 (Senate1960.Feb2d.56)

On this vote the Senator from Mississippi [Mr. EASTLAND] is paired with the Senator from Massachusetts [Mr. KENNEDY] and the Senator from Wyoming [Mr. O'MAHONEY]. If present and voting the Senator from Mississippi would vote "nay," and the Senators from Massachusetts and Wyoming would vote The Senator from Alabama [Mr. SPARKMAN] is paired with the Senator from Wyoming [Mr. McGEE] and the Senator from Florida [Mr. SMATHERS]. If present and voting, the Senator from Alabama would vote "nay," and the Senators from Wyoming and Florida would vote "yea."

57: Senate, February 2, 1960 (4), ¶ 57 (Senate1960.Feb2d.57)

I further announce that the Senators from Montana [Mr. MANSFIELD and Mr. MURRAY], the Senator from Utah [Mr. Moss], and the Senator from Oregon [Mr. NEUBERGER] would each vote "yea."

58: Senate, February 2, 1960 (4), ¶ 58 (Senate1960.Feb2d.58)

Mr. KUCHEL. I announce that the Senator from Utah [Mr. BENNETT] absent on official business. If present and voting, he would vote “yea.”

59: Senate, February 2, 1960 (4), ¶ 59 (Senate1960.Feb2d.59)

The Senator from Indiana [Mr. CAPE• HART] is necessarily absent.

60: Senate, February 2, 1960 (4), ¶ 60 (Senate1960.Feb2d.60)

The yeas and nays resulted-yeas 70, nays 18, as follows:

62: Senate, February 2, 1960 (4), ¶ 62 (Senate1960.Feb2d.62)

Aiken Fong McNamara Allott Frear Magnuson Anderson Gore Martin Bartlett Green Monroney Beall Gruening Morse Bible Hart Morton Brunsdale Hartke Mundt Bush Hayden Muskie Byrd, w. va. Hennings Pastore Cannon Holland Prouty Carlson Hruska Proxmire Carroll ·Humphrey Randolph Case, N.J. Jackson Saltonstall Case, S.Dak. Javits Schoeppel Chavez Johnson, Tex. Scott Church Jordan Smith Clark Keating Symington Cooper Kefauver Wiley cotton Kerr Williams, N.J. Dirksen Kuchel Williams, Del. Dodd · Lausche Yarborough Douglas Long, Hawaii Young, Ohio Dworshak Long, La. Engle McCarthy

64: Senate, February 2, 1960 (4), ¶ 64 (Senate1960.Feb2d.64)

Bridges Fulbright Robertson Butler Goldwater Russell Byrd, Va. Hickenlooper Stennis Curtis Hill Talmadge Ellender Johnston, S.C. Thurmond Ervin McClellan Young, N.Dak.

66: Senate, February 2, 1960 (4), ¶ 66 (Senate1960.Feb2d.66)

Bennett McGee Neuberger Capehart Mansfield O'Mahoney Eastland Moss Smathers Kennedy Murray Sparkman

67: Senate, February 2, 1960 (4), ¶ 67 (Senate1960.Feb2d.67)

The ACTING PRESIDENT pro tempore. Two-thirds of the Senators present and voting have voted in the affirmative, Senate Joint Resolution 38 is passed.

68: Senate, February 2, 1960 (4), ¶ 68 (Senate1960.Feb2d.68)

The title was amended so as to read: Joint resolution proposing amendments to the Constitution of the United States to authorize Governors to fill temporary vacancies in the House of Representatives, to abolish tax and property qualifications for electors, and to enfranchise the people of the District of Columbia.

69: Senate, February 2, 1960 (4), ¶ 69 (Senate1960.Feb2d.69)

Mr. DIRKSEN. Mr. President, I move to reconsider the vote by which the joint resolution was passed.

70: Senate, February 2, 1960 (4), ¶ 70 (Senate1960.Feb2d.70)

Mr. JOHNSON of Texas. Mr. President, I move to lay that motion on the table.

71: Senate, February 2, 1960 (4), ¶ 71 (Senate1960.Feb2d.71)

The motion to lay on the table was agreed to.

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