Evening star., 1949-01-24
FiIibuster
Continued From First Page.)

each Senator would still have an
hour-96 hours in all-for debate.
The present rule permits two
thirds to invoke cloture. but the
biggest loophole is that it cannot
be invoked until bill is before the
Senate. All indications are that the
Rules Committee will vote to apply
cloture to any motion to take up a
BILL but stick to the two-thirds re-
quirement for its adoption.
Rule Tried 10 Times.
Since the old cloture rule was
adopted 80 years ago it has been
tried 10 times, but has mustered the
required two thirds only four times.
Senator Hayden analyzed the rec
ord to show that this does not mean
the Senate was left helpless to act
on the remaining Is occasions.
In seven cases, he said, the cloture
motion failed to muster even a ma
jortiy of the Senate. In the remain
ing eight cases, six of the bills in
question passed even after cloture
had been defeated, although there
was long delay in some instances.
He said this left only two cases
in which, if cloture by majority had
been in effect, action would have
been possible. Both were anti
poll tax bills, which were blocked
by the failure to get two-thirds in
1914 and 1896
Senator Morse said Senator Hay
den's argument failed to make al
lowance for the compromises that
had to be made to pass bills that
went through after cloture had
failed. He indicated that failure
of cloture forced advocates of
bill to compromise.
Champ Clark Quoted.
Senator Hayden retorted that
when ne came to Congress as a
young man the late Speaker Champ
Clark cautioned him to remember
that no Senator or Representative
lever has things all his own way,
that all major legislation is the re-
suit of compromise"
Il do not object to compromises"
Senator Morse responded, but I do
object to a compromise being forced
down my throat at the point of a
flibuster gun"
After pointing out that rule by
majority Is basic principle of
American government. Senator
Morse asked other Senators to re-
member that war is declared and
such important measures as the
Marshall Plan passed by mere ma
jority vote.
In considering whether majority
should be permitted to pass on all
measures pending before the Senate,
Senator Hayden pointed out that
the Senate was created as a curb
upon hasty action by the House OF
Representatives"
"All States have equality in the
Senate" Senator Hayden continued
but, as has been frequently pointed
out, they are not equal in many
other respects"
Copeland Speech Recalled.
To illustrate what he meant, Sen
ator Hayden recalled speech by
the late Senator Copeland, Demo-
crat, of New York, in 1925. Senator
Copeland was discussing the efforts
of former Vive President Dawes to
liberalize Senate rules. Senator
Copeland said he could see why
Nevada might want the rules
changed. He then pointed out that
Nevada and New York each have
two Senators, whereas, on the basis
of Nevada's population, New York
would be entitled to IA Senators.
Presiding officers of the Senate
have held repeatedly that the pres
ent cloture rule cannot be invoked
until bill is actually taken up for
consideration by the Senate. This
has enabled the SoutherHers to
block the civil rights bills by fill
clustering a motion to take up these
measures.
Rulings Could Be Reversed.
Unless this Interpretation of the
present rule is changed, either by
adoption of an amendment or by
having q new presiding officer re-
verse his predecessors, even two
thirds of the Senate could not limit
debate on the civil rights bills.
There has been some speculation