Evening star., 1947-03-20
Debate on Portal Suits
In 5th Day as Senate
Actson2Amendments

The Senate went into its fifth
day of debate today on the bill
to ban most portal-to-portal
pay suits, with no assurance of
when final vote will be reached.
After staying in session until 1890
o'clock last night, the Senate sue
ceeded in acting on only two
amendments.
It adopted by voice vote pro-
posal by Senator Wherry, Republi-
can, of Nebraska, permitting en-
ployers to offer a good faith" de-
fense against pending as well as fu-
ture back-wage claims. This means
that where employers rely on rul-
ing of the Wage Hour Administra-
tor they are excused from back
pay liability.
Other Change Rejected.
The other proposed change in the
committee bill, offered by Senator
Holland, Democrat, of Florida, was
rejected on roll call vote, 40 to g..
1t would have permitted one-year
statutes of limitations in effect in
Florida and six other States to gov
ern portal actions filed in those
States. The committee bill pro-
poses Nationwide time limit OF
two years, after the work was done,
on the filing of qualified suits.
Disappointed COP leaders, striv-
ing to clear the decks for other i'm
portant business, expressed hope the
measure would come up for vote
by nightfall. But they and the
Democrats kept their fingers crossed.
Senator Wherry, the Republican
whip, told reporters he understood
that Minority Leader Barkley
planned to speak "at some length
on the bill.
Others on the list-some for the
second or third time-are Senators
Cooper, Republican, of Kentucky,
Eastland, Democrat, Of Mississippi,
Donnell, Republican, of Missouri,
McCarran, Democrat, of Nevada and
McGrath, Democrat, of Rhode Is
land.
Lilienthal Issue Is Next.
When the portal bill is out Of the
way, the debate on confirmation of
David E. Lilienthal as Atomic En-
|ergy Commission chairman Is
scheduled to start.
Almost equally high priority, how
ever, has been accorded legislation
providing for United States partici-
patton in the International Refugee
Organization. Senator Taft of Ohio,
Republican policy chief, indicated
the IRO bill might be "sandwiched"
into the Lilienthal debate, which
is expected to be protracted.
Democrats held the floor almost
continuously yesterday, sharply as
sailing the committee portal meas
ure. 1t would outlaw virtually all
pending and future suits.
Milder Bill Sought.
For. this measure-similar to one
already passed by the House-the
Democrats hope to substitute a
milder bill which would exempt fu-
ture claims from the proposed fiat
ban. It would knock out only
strictly portal suits already filed,
whereas the committee bill kicks the
legal props from under all back
wage claims, except those covered
by contract or industry custom.
Last nights debate was pune
tuated by Commute wrangle
between Republicans and Democrats
over whether a quorum was present.
A roll call showed 81 Senators
present. But Senator Lucas of
Illinois, the Democratic whip, said
his personal tally was 81.
That touched off a long argument
by Senators on both sides of the
aisle. Democrats contended the
Republicans were counting on them
to furnish a Senate majority at
night sessions. COP Senators said
that wasn't so.
The dispute finally ended when
Senator Chavez, Democrat, Of New
Mexico appealed for common sense
and propriety."
Eisenhower to Speak