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670,080,851
The House has amended the Senate amendments with amendments. and the Senate up to this point has not acted upon the action of the House.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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I understand that. but the Chair stated a moment ago that when the Senate amended the House bill it had requested a conference. That is so. but the RECORD shows that the Senate did not ihsist upon its amendments. It requested a conference without insisting upon its amendments.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
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670,080,853
No. that was not the motion at least that was made. I do not know what the RECORD shows.
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,854
I do.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
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2
670,080,855
I had the motion that I wished to make in mind before making it. and the motion was that the Senate insist on its amendments. request a conference. and that the Chair appoint the conferees on the part of the Senate.
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,856
I have looked at the RECORD. The Senator may have made a motion to insist. but the RECORD does not show it. and we go by the RECORD.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
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670,080,857
I am very confident that those are the exact words used in making the motion. I did not examine the RECORD afterwards to see whether or not it appeared in that form.
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Mr. STERLING
Unknown
STERLING
Unknown
M
319
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670,080,858
I did. and if the RECORD is not corrected the RECORD is the record and the official record.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
M
323
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670,080,859
Mr. President-
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Mr. LODGE
Unknown
LODGE
Unknown
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2
670,080,860
The Chair will state that he is informed that the RECORD Shows that there was merely a request for a conference without insisting upon the Senate amendments.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,861
That is what I say.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
M
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5
670,080,862
That may be. I am not disputing that fact. but I know the language.I used.
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,863
Under that record the House acted within its rights and properly in amending the Senate amendment. and therefore it seems to- the Chair that the motion of the Senator from South Dakota is clearly in order.
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43
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
333
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08181921.txt
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670,080,864
I do not doubt that it is in order. I did not intend to make any point of order against it. I was wondering why that was made. rather than a motion to insist on the Senate amendments.
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
M
337
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670,080,865
I know that that was the motion. although the REcoRDn did not so get it. I had made the motion before.
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,866
It is the customary motion.
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Mr. LODGE
Unknown
LODGE
Unknown
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5
670,080,867
Mr. President-
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Mr. LODGE
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670,080,868
Does the Senator from South Dakota yield to the Senator from Massachusetts?
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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08181921.txt
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670,080,869
I yield to the Senator. understand. There is only one official record of this body. and that is the Journal. Now. does the Journal show that motion in the same way? I presume it does.
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Mr. STERLING
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STERLING
Unknown
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670,080,870
The Chair is informed that the Journal does not show that a motion was made to insist.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,871
That. of course. is the only official record.
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Mr. LODGE
Unknown
LODGE
Unknown
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8
670,080,872
Mr. President. a parliamentary inquiry. Can the two be included in the one motionthat the Senate disagree to the House amendments and insist upon the amendments of the Senate?
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,873
The Chair is willing to be corrected. but the Chairs first impression would be that the motion would be in order. but is a divisible motion.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,874
I make that motion.
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Mr. STERLING
Unknown
STERLING
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4
670,080,875
The Chair will state that. of course. if the motion to insist should be carried it would have to go back to the House. It would not go to conference.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,876
Let me ask the Senator a question. The Senator states that he makes the motion so that the record may be straight. May I ask him what progress the conference committee has made?
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Mr. BRANDEGEE
Unknown
BRANDEGEE
Unknown
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670,080,877
The conference committee are in disagreement yet upon just one amendment. and I think there is a probability that they will reach an agreement today.
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Mr. STERLING
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The Chair will state. if he may. his understanding of the parliamentary situation. namely. that if the motion to disagree shall prevail. without any further motion the conferees will have Immediate jurisdiction of the papers. and can proceed to conference. If the motion to insist shall be made and prevail the matter will have to go back to the House before the conferees can assume jurisdiction.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,879
I hope some confidence will be put in the conferees on the part of the Senate. and that the motion will be simply that there be a disagreement to the amendments made by the House.
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,880
Mr. President. a parliamentary inquiry.
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60
Mr. BROUSSARD
Unknown
BROUSSARD
Unknown
M
399
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08181921.txt
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5
670,080,881
The Senator will state it.
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61
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
400
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08181921.txt
26
5
670,080,882
What would be the parliamentary situnation if the Senate did not act favorably on this motion? Would that have the effect of agreeing to the.House amendments?
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62
Mr. BROUSSARD
Unknown
BROUSSARD
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The Chair would prefer. because it will require some time. to wait until that matter comes up and he has an opportunity to examine the question.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,884
I am sure that a great many Senators would be guided by a knowledge of what would be the rule with the matter In such a condition.
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Mr. BROUSSARD
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670,080,885
The Chair is not prepared to express an opinion at this time upon that question.
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65
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
410
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670,080,886
Mr. President. may I be allowed a word on that subject? .
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Mr. WARREN
Unknown
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670,080,887
The Senator from Wyoming.
S
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67
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
414
414
08181921.txt
25
4
670,080,888
When the pending motion carries. that puts it in the hands of the conferees. Then a motion of the Senate to Instruct those conferees does instruct. if It carries.
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68
Mr. WARREN
Unknown
WARREN
Unknown
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670,080,889
But it does not instruct them in any way unless the Senate. by a majority vote. may so instruct them.
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69
Mr. WARREN
Unknown
WARREN
Unknown
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670,080,890
Mr. President. is the bill in conference now? I understand that the conferees have agreed upon all except one matter. and yet apparently. from the motion of the Senator from South Dakota. the bill has not yet been sent to conference.
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Mr. BRANDEGEE
Unknown
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670,080,891
I will say to the Senator that the bill is in conference. but in order that the record may be straight with reference to the authority and jurisdiction of the conferees now upon these particular amendments this motion is made. We have been in conference in regard to other amendments.
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Mr. STERLING
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STERLING
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670,080,892
The Chair will state to the Senator from South Dakota that the bill can not be in conference. because the conferees can not act without the papers. and the papers are upon the Secretarys desk.
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72
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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08181921.txt
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670,080,893
Would it be unparliamentary to ask where the bill is and what situation it is in?
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"1921-08-18T00:00:00"
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Mr. BRANDEGEE
Unknown
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Unknown
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436
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670,080,894
The bill is here in the Senate. upon the Secretarys desk. and the Seriator from South Dakota has now moved to take it up. and that is the motion before the Senate.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
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I supposed it had been taken up. I supposed the motion now was to disagree.
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Mr. BRANDEGEE
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670,080,896
To take it up for the purpose of making the motion to disagree. That Is the object in taking it up.
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Mr. STERLING
Unknown
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670,080,897
The Sfnator has already moved to disagree.
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Mr. BRANDEGEE
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7
670,080,898
The first question that the Chair will put -to the Senate is. Shall the Senate proceed to the consideration of this bill?
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78
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
449
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08181921.txt
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670,080,899
The Senator from South Daliota now moves that the Senate shall insist-
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Tie PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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08181921.txt
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670,080,900
SEoRETARY. That the Senate disagree to the amendments of the House to its amendments numbered 10. 15. and 32.
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80
The ASSISTANT
Unknown
Unknown
Unknown
Special
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08181921.txt
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670,080,901
The question is upon the motion of the Senator from South Dakota.
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"1921-08-18T00:00:00"
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Tihe PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
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670,080,902
Mr. President. does not the Senator propose to disagree to the House amendment to the Senate amendment known as No. 32?
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Mr. BRANDEGEE
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Certainly. That Is involved in this motion.
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Mr. STERLING
Unknown
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7
670,080,904
Judging from the three amendments mentioned by the Secretary. it was not.
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Mr. BRANDEGEE
Unknown
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Unknown
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670,080,905
Amendments numbered 10. 15. and 32 are the amendments in disagreement.
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"1921-08-18T00:00:00"
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Mr. STERLING
Unknown
STERLING
Unknown
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670,080,906
Mr. President. if the motion to disagree prevails. those papers will remain here. because there is no direction to send them anywhere. Is not that the case. without some further motion?
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Mr. LODGE
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670,080,907
Mr. President-
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Mr. ASHURST
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2
670,080,908
The Chair would be of the opinion that if the motion to. disagree should prevail. the papers would go back to the House of Representatives. and the House of Representatives would have an opportunity to recede.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
477
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08181921.txt
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670,080,909
Suppose the motion to disagree should fail?
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Mr. LODGE
Unknown
LODGE
Unknown
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481
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08181921.txt
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7
670,080,910
Mr. President-
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"1921-08-18T00:00:00"
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Mr. ASHURST
Unknown
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Unknown
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482
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08181921.txt
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2
670,080,911
Oh. if it should fail?
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
483
483
08181921.txt
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5
670,080,912
Then the matter would go to conference. the two Houses being in full disagreement.
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92
The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
485
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08181921.txt
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14
670,080,913
Mr. President. will the Senator yield to me at this point?
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Mr. ASHURST
Unknown
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Unknown
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670,080,914
If the Senator will allow me just a moment. suppose the motion to disagree should fail?
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Mi. LODGE
Unknown
LODGE
Unknown
Unknown
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670,080,915
That is the same question that the Senator from Louisiana [Mr. BnioussAnn] put to the Chair. To be very frank. the Chair is familiar with the rule of the House of Representatives upon that question. but he is not familiar with the rule of the Senate. and lie would like to be advised with reference to it when it comes up.
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"1921-08-18T00:00:00"
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
Special
491
496
08181921.txt
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670,080,916
My object in making the inquiry is that I think the Senate ought to know the effect of its vote. Now. the papers are here.
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Mr. LODGE
Unknown
LODGE
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08181921.txt
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670,080,917
The Chair will again state that the Chair is not prepared to exptess an opinion upon that question. and will have to rule upon it when it arises.
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
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500
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08181921.txt
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670,080,918
Mr. President. if the Senator from South Dakota will yield to me for a moment. surely on this important natter there should be no mystifying. and I do not assert that anyone is attempting to mystify. There should be no underbrush to be cleared away. Why can not the usual motion. which has been made for one hundred and thirtyodd years in such cases. he made in this case as in all others. to wit. that the Senate insist upon its amendments-
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Mr. ASHURST
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670,080,919
That is the proper motion.
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Mr. LODGE
Unknown
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5
670,080,920
Ask a conference with the House. and that the Chair appoint the conferees? Then there is no complexity. Then lie who runs may read. and possibly lie who reads will run. but certainly a babe in the woods will know what we are doing. There will be nothing under cover. There can be no camouflage. We have disagreed to many House amendments. we have asked for a conference. and we have insisted on our own amendments. We insist on our own amendments because we are not children mainug mud pies. We do not make an amendment today and disagree to it tomorrow. This is the Senate of the United States. about the business of the people. and not making mud pies. An amendment is a serious thing. Therefore. why does not the Senatorwho is a direct and a very useful Senatormake the motion that always is made? Why adopt this course that is zigzag. that is incomprehensible to some Intellects. my own Included?
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Mr. ASHURST
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163
670,080,921
The Chair will state to the Senator from Arizona that what makes the difficulty in the situation is that the Senate has already requested a conference. and the conferees have been appointed.
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"1921-08-18T00:00:00"
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The PRESIDING OFFICER
Unknown
Unknown
Unknown
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531
08181921.txt
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670,080,922
The Senate has already requested a conference. That is quite true. because I happen to be a humble member of the conference. or was. and. of course. I assume that there was a conference or I would not have been called in. but now we are told that there are some amendments as to which we doubt whether they are in conference or not. The papers are here. but the conference Is called. Let us have no mystification about this or any other question. Let us have a squareup. manfashion contest. moved in the usual way. Let all the amendments be before the conferees. and let the Senate adopt the usual motion.
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"1921-08-18T00:00:00"
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Mr. ASHURST
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08181921.txt
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112
670,080,923
Mr. President. it does not seem to me that there is any particular mystification about this. except as Senators mystify it or seek to mystify it. Conferees weYe appointed upon the part of the Senate when the bill passed the Senate with 32 amendments. and I suppose the conferees on the part of the Senate thereby would have jurisdiction to consider all amendments. Then the bill goes to the House. and the House itself. after conferees have been appointed here. considers the bill and makes amendments to certain Senate amendments. Is it not the action here simply to disagree to these amendments made by the House since our conferees were appointed? Having disagreed. will not the conferees originally appointed by the Senate have jurisdiction. if this motion prevails. to disagree to these amendments made by the House. and would not the papers then go to the conferees who have been appointed? I have here the record made in the Senate of the appointment of its conferees and the record made by the House in appointing its conferees.
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Mr. STERLING
Unknown
STERLING
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M
553
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08181921.txt
1,036
177
670,080,924
My impression is that when the Senator made his motion he made the usual motion to insist. and I am surprised at the RECORD. I Confess.
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"1921-08-18T00:00:00"
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Mr. LODGE
Unknown
LODGE
Unknown
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08181921.txt
135
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670,080,925
I am surprised at such a record. if that is the RECORD.
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Mr. STERLING
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Unknown
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574
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670,080,926
Did not the Senator include also the usual sentence asking a conference with the House?
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Mr. LODGE
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Certainly. The motion was in words as follows. Mr. President. that the Senate insist upon its amendments made to House bill 7294. that it request a conference. and that the Chair appoint conferees on the part of the Senate. That was the motion.
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Mr. STERLING
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Mr. President. the CONGRESSIONAL RECoRn does not so state it. I looked at it yesterday.
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Mr. BRANDEGEE
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How did the conferees come to be appointed?
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Mr. LODGE
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I suppose that if the Senator said what the RECORD indicated he did-
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Mr. BRANDEGEE
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Where is the RECORD? What does it say?
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Mr. LODGE
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670,080,932
It is right here.
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Mr. BRANDEGEE
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It is found on page 4742 of the CONGRESsIoNAL RECORD of August 8.
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Mr. ASHURST
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ASHURST
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The Senator requested a conference. and the Senate voted.
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Mr. BRANDEGEE
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670,080,935
Let us have what purports to be the RECORD.
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Mr. LODGE
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LODGE
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I am not objecting to the Senator finding it. I wanted to ask the Chair if the motion to insist upon the Senate amendments would take precedence of a motion to disagree to the House amendment to the Senate amendments.
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Mr. BRANDEGEE
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The Chair is of the opinion that it would not.
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The PRESIDING OFFICER
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Unknown
Special
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08181921.txt
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670,080,938
Here is the RECORD:
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Mr. LODGE
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LODGE
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4
670,080,939
I move that the Senate request a conference with the House of Representatives upon the bill and amendments. and that the Chair appoint the conferees on the part of the Senate. There was a request for the appointment of conferees. and. of course. there could be a request for the appointment of conferees only if there was an insistence on the part of the Senate.
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Mr. STERLING
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There was no motion to insist upon the Senate amendments.
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Mr. BRANDEGEE
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It is left out of the RECORD.
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Mr. LODGE
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670,080,942
I do not know but that it was left out of the motion. too.
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Mr. BRANDEGEE
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670,080,943
I do not think it was. I heard the Senator make the motion. and I think it was the usual motion.
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Mr. LODGE
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That is not my recollection about it.
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Mr. BRANDEGEE
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It was not left out of the motion.
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Mr. STERLING
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670,080,946
The question is upon the motion of the Senator from South Dakota to disagree to the amendments of the House to the Senate amendments. which have been stated by the Secretary.
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The PRESIDING OFFICER
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Unknown
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Mr. President. may I inquire of the Senator from South Dakota whether those various amendments which he is asking the Senate now to disagree to have been presented to the Senate seriatim. with an opportunity afforded us to vote separately upon them? It is possible that some of those amendments we might desire to accede to. and if his motion prevails. I understand it would preclude the possibility of a consideration of any of those amendments separately.
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Mr. KING
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KING
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Certainly. that is what it involves. a disagreement.
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Mr. STERLING
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Is the Senate now willing to commit itself to the entire program of the Senator. and assent to what his motion implies. that we disagree to all those amendments? I should like to know what they are. so that I could vote intelligently. I might be willing to agree to some and I might disagree to others. Is the Senator unwilling that we may take that course?
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Mr. KING
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KING
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No. that is not involved in the motion. I am proceeding upon the very theory on which the conferees were originally appointed on the part of the Senate. supposing that the Senate desired that conferees should stand by the amendments made. The amendments made by the House are contrary to the amendments made by the Senate. and I supposed as a matter of course that the Senate would disagree to the amendments made by the House.
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Mr. STERLING
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76