The Omaha guide., 1945-11-10

closure commitments for an a
mendment, his Committee feels
that support of an amendment is
only destructive of the statute. H.
r. z. Most people feel that way.
Amendments to abolish the poll tax
have served consistently to pro-
vide a safe tout" for who
shirk from passage of Fl. r. q.
In the 18th Congress. Senator
Wherry says it was his vote that
defeated Senator O'Mahoney's mot
ion to substitute his amendment for
the bill. This may be true. The
bill had been voted out 1876 on Fri
day. November IL, 1943. The am
endment was tied, 90. On Monday
November Is, 1943, the vote was 9-S
against the amendment. We had
always understood that Senator
Ferguson changed his vote from
yes (for the amendment) to no and
therefore cast the vote that KEEP
the bill in committee.
Senator Wherry has been helpful
in clarifying the meaning of sup
POAL " II. u. ! ~ mas POlihC0
out that such support consists in
voting against the amendment as
long as the amendment serves as a
threat to the bill. On his sugges-
tion. we sent a clarifyig letter to
all senators. and some OF them have
expressed appreciation of the points
made. However. senator Wherry
L:-.uuTf -~ D--.Iau- yLt - "
far more than we to clarity other
senators on these points.
Senator Wherry told us that the
amendment would be offered MS a
substitute for the bill if the bill
came up first. We passed this in
formation on to the Senate steering
committee on II. r. z, which now
has the responsibility Of having a
majority present in such instances.
We are happy that we can rely on
Senator Wherry to help with this.
Senator Wherry also pointed IA
that by the same token the bill can
be substituted for the amendment.
He says in his letter to you tina
you can rely on him to do that.
The key vote on III. r. Z. once it
is out Of Judiciary Committee. is
on closure. If the Senate were al
lowed to vote on the bill, it would
pass. as everyone knows. Last
year half the Republicans voted
for closure and half voted against
it. If the Republican leadership
could have brought all the Repub-
lican votes on the side of closure.
the filibuster would have been halt
ed and the bill could have passed.
We felt that the Republicans def
initely slipped out of their D
sibility in theev emily divided clos
ure vote.
If Senator Wherry once obtain5d
"a votes for closure on his own a.
mendment, and against "a votes
for closure in June Of 1914 we trust
he a rally most Of the Republic
an votes for closure this year if the
bill is filibustered.
So you see. Mr.. Galloway. we
who have fought heart and soul
for this legislation from the days
whenS outherners could get no
single Congressman to Introduce IL
feel hat no Senator has done as
much as he could have done. Some
nave done more than others. and II
the Republicans take leadership in
assuring closure, that will indeed
be a notable contribution to the
passage of II. r. z.
Senator Wherry suggests hat
there could be no objection to the
somewhat reundant--. passage
of the constitutional amendment. al
so, AFTER passage of H. r. z for
the sake Of those few who enter
tain doubts of the constitutionality
of H. r. z. Doubtless he is correct:
but l should like to point out that
it is a generally accepted legal
principle that it is the function Of
the courts to determine the consti-
t~utionality Of legislation, and Il is
not properly within the province of
! the Congress to pre-determine the
constitutionality Of its " acLs.
For millions of Americans in every
section Of the country who want
relief from the poll tax and the
poll takers, only the bill will suf-
flee.
Thank you for your long and
faithful support of this vital leg
iSlation.
Sincerely yours.