Evening star., 1952-12-31
First Day Senate Fight
Seen Certain in Move
To Block FiIibusters
By J. A. OLeoy

n Scudb6 IlOOr URnL 10 IOcCG
through an anti-f1libuster rule on
the opening day of the new Con-
gress Saturday seemed assured
today.
Three Democratic Senators
Lehman of New York, Humphrey
of Minnesota and Douglas of Illi-
noiS said they are ready to seek
a showdown by challenging the
time-honored doctrine that the
Senate is a continuing body, whose
rules carry forward from one ses-
sion to another automatically.
They announced their own in
tentionS, following a conference
Joined in by II Senators yester-
day afternoon. They have called
another strategy meeting for 3
pm. Friday, at which they expect
a larger attendance.
Senator Lehman, Democrat
Liberal of New York. said the
group present yesterday does not
represent the entire number who
have indicated an interest in the
rules fight. He also emphasized
it is a nonpartisan undertaking.
Only two Republicans attended
yesterdays conference-Senators
Ives of New York and Duff Of
Pennsylvania. One other Repub-
lican, Senator Smith of New
JERSEY. sent his administrative
assistant.
May Delay Organization.
There is a possibility the rules
fight may delay Republican Or
SANITATION of the Senate for a
day or longer. But veteran OBJ
servers believe the Senate will dis
pose of the issue quickly.
Since the beginning of the Gov
ernment, the Senate has been re-
garded as a continuing body and
never goes through the formality
OF re-enacting its rules for each
new Congress, as does the House.
Shortly after the Senate con-
venes Saturday, some member of
the antifilibuster bloc will raise
the point that the Senate has no
rules in new Congress. He
will then move adoption of the old
rules, with an amendment to
make it easier to end debate when
a f1libuSter is in progress.
Senator Lehman said the de-
tails of the new rule and deci-
sion on who will offer it were left
for determination Friday. No
formal action was taken at yes
terday's gathering in Senator
Lehman's office.
When the issue is raised on
Saturday, Vice President Barkley
will have 70 rule whether the
motion is in order. The question
Is expected to be settled on an
appeal from the decision of the
chair, no matter which way the
Vice President rules.
Brief Submitted.
Senator Lehman revealed yes
terday he has sent to Mr.. Bark
ley a copy of a legal brief out
lining the arguments in support
of the contention that the Senate
is not continuing body. He said
the Vice President has not COM
mitted himself but promised to
study the brief. If the Vice Presi-
dent holds in favor of the liberals,
his ruling will be history making
one, reversing procedure the
Senate followed for more than 15OI
years.
In a statement he read at yes
terday's meeting, Senator Leh-
man argued that the only way to
get rid of the f1libuster is to
change the rules on opening day.
Once the session organizes for
business, he said, it would take
unanimous consent to bring al
change in the rules to a vote in
the Senate.
At present, a f1libuster can be
broken if 64 Senators-tWo-th thirds
of the entire membership-are
prepared to vote to shut off
debate. The liberals want to en-
able a smaller percentage to be
able to invoke cloture. but they
haven't decided yet whether it
should be a majority or two
thirds of those present when the
vote is taken.
One of the strongest arguments
In support of the theory that the
Senate is continuing body is the
fact that only one-third of its
membership is reelected every
two yeafS, while two-thirds hold
over from one Congress to the
next.