Evening star., 1949-03-06

1day there WOUlQ De no pGeSSlIlS
tie rules, clamping a closer cloture
orS, were it not for the outcry to
Senate rules is to make two
thirds cloture operative at all
times. Two loopholes have been
discovered in the rule that states
specifically that the cloture rule
may be invoked on any pending
measure" In 1922 it was ruled
by the presiding officer Of the
Senate that the cloture rule was
not applicable to debates upon
amendments to the Senate
Journal-the official record of the
previous legislative day Of the
Senate. Still later it was ruled
that the cloture rule was not ap-
plicable to debate upon meas
ure to take up a measure for
consideration by the Senate. This
latter ruling was made by Sena-
tor Vandenberg.
Both these rulings were made
when efforts were under way tc
bring to a close debate on So
called civil rights bills. In 1925
the Senators from Southern States
so rang the changes upon debate
of the Senate Journal that the bill
had to be laid aside in order tc
take up other pressing legislation
Possible Procedure
While the Vandenberg ruling
was challenged when it was made
last August 2. the consensus at
the time-and since that day
was that he had ruled correctly
on the language of the cloture rule
itself.
Under the amendment to the
rules now pending before the
Senate, the cloture rule would be
applicable to any matter under
debate. whether it were the
Journal or a motion to take up
measure for consideration.
If this amendment to the rules
is finally adopted it will be far
easier to move to invoke the
cloture rule. But even should ii
be adopted, there still remains the
necessity Of obtaining a two.
thirds vote of all Senators present
and voting to limit debate.
Ordinarily a two-thirds vote Of
the Senate would require a combi-
nation of Senators representing
both the major political parties
and such a combination will un-
doubtedly be exerted to bring the
limitation of debate and a vote
on civil rights bills as they come
before the Senate in the future
1t is entirely possible. however
that the POLITICAL makeup of the
Senate may in the future-as il
has in the past-show tWo-thirds
or more of SO Senators belonging
to the same political party.
Guardian of States
The issue before the Senate to-
day ultimately is whether the
Federal Government shall force its
will upon individual States Of the
Union, Notwithstanding the oppo-
sition of the people of those
States. Today the States involved
in this drive for Federal control
Ve in one section Of the country
the South. Federal encroach-
ment, however, is driving in every
direction and the probabilities are
it will not conf1ne itself to any
particular section of the country
in the future.
The benefits derived from the
rule of unlimited debate in the
Senate have been frequent. Fol
example. in 1887, when the late
President Franklin D. Roosevelt
stood at the very summit of his
power politically, Mr.. Roosevelt
proposed plan to pack the Su-
preme Court of the United States
with justices who would carry
out the bidding of the administra-
ton. Had it been possible to force
an early vote in the Senate or
this proposal. the legislation Civ.
ing the President that authority
would in all probability have
passed. A full and free debate
lengthy also-brought so mucl
opposition to the measure that il
was dropped.
On another occasion, in 1916
when President Truman came tt
the Congress and demanded leg
islation empowering him to draf1
railroad workers into the armed
services-as a measure to preven,
a Nation wide railroad strike, the
House, with rules that permit
quick and immediate action
passed the bill within a few min.
utes after it had been proposed
In the Senate. however, where the
rules do not permit such immedi.
ate cloture, the bill was forced
ouor- y,ovcr uyoc poeso6