St. Paul recorder. [volume] (St. Paul, Minn.) 1934-2000, 1957-07-12

as the due-process amendment. We
have heard a great deal about due
process in the Senate. am in
favor Of due process in the Sem
ate. But l am not in favor Of lie
gal procedure in this body. SUBJ
NIT that due process under the
Constitution of the United States
Is being denied to thousands OF
our citizens. Even if it is nee
essary to use rule XIV-which
may not be as comfortable and
charitable as the customary prac-
tees Of this body am prepared
to use II.
/ do not say that / like rule
XIV as well as / like rule XIV.
/ do not. But I do not like the
way the bills have been bottled
up. On other occasions 1 have ad-
vocated that bills dislike be
taken from committee and placed
on the calendar. II a majority of
my colleagues wish to have this
bill placed on the calendar, under
rule XIV, and IL then they decide
to have the bill taken off the cal
endar, shall respect their Judge
ment.
But 1 submit that the time
has arrived for the Members Of
the Senate literally to purge
themselves of this block In their
body pOlitic-namely, the refusal
to act on basic civil-rights pro-
pOsals.
Mr.. HUMPHREY. l am in
formed by the Parliamentarian
that ii has been, in part. I am
Informed that section 4 came into
the rule on January 16, 1877.
Mr.. CLARK. However, is 1t not
true that from the very first days
Of the Senate il was the custom
for the Senate from time to time
to consider bills without having
them referred to committee?
Senator CLARK. Does not the
Senator from Minnesota agree that
that rule XIV or its predecessor
has been used on countless occa-
sions, since the earliest DAYS of
The Senate in order TO have bills
without first being re-
'erred to a committee? Does not
he Senator from Minnesota also
agree that the distinguished SEN
ltor from Illinois (Mr. Douglas)
has previously listed for the Re
,ord innumerable instances in
which that has been done?
Mr. HUMPHREY. I believe that
S correct. But even if rule XIV
had been used only once before,
'till have no apologies for favor
ng its use now. do not think il
should be used all the time, any
more than believe that every
ime one has a stomach ache, he
should have an operation. But
when a severe stomach ache de-
1elops, and when the doctor states
hat the only way to save the
life is TO have a surgical
operation, there had better be an
operation.
In the present case, the only
way TO obtain Senate action on
,ivil-rights proposed legislation
seems to be to make use Of rule
XIV. Incidentally, Mr.. President,
do not say favorable action;
nave no crystal ball to use, in
order to learn how my colleagues
will vote on this measure. / wish
70 see favorable action taken on
,ivil rights proposed legislation;
but certainly the Senate should at
east have chance to act.
whether favorably or unfavorably.
However, in the case of civil
rights proposals, the fact is that
the Senate has been denied an OPP
even to have the issue
brought to the floor of the Sen
ate. This is the first time the
ssue has been brought TO the floor
IF the Senate for years; and now
he Senate is arguing procedure,
rather than substance.
Furthermore, IL rule XIV needs
20 be amended, that matter can be
aiken up with the Committee on
Rules and Administration. But is
{ not interesting that although
here has been a great deal Of
lassle and argument about the
of changes in other rules
IF the Senate, not until this civil
tights measure came along did we
rear anything about the need for
he making of a change in rule
XIV. Many Members of the Sen
tie are experts on the subject Of
Is rules. However, during the more
han years that I have been a
Member of the Senate never be-
ore have / heard Senators argue
hat rule XIV should be changed
There have been such arguments
bout rule XXI; but, despite them,
'ule XXI goes on forever, like
Did Man River, the Mississippi:
md rule XXI Is still a part Of
he rules of the Senate.
Mr.. HUMPHREY Mr.. Presi-
lent, ! shall conclude by saying
hat there is now great concern
bout the procedures of the Sen
tie. However. the Senate must
ealize that its procedures come
nto disrepute when they complet-
ly nullify the taking Of action.
The procedures which Senators
hould be worried about are those
which make il impossible for the
senate TO have an opportunity 10
ct, or those which make IL i'm
for a majority of the
OF the Senate even to
ave an opportunity TO vote on a
Measure of this sort. In the past, |
he procedures OF the Senate have |
zen abused, in the case Of the
ivil-rights issue; and in my judg- 1
nent il is not fitting and proper
o put the civil-rights issue into |
mother deep freeze, and then 10 |
ave 10 blast IL out by means Of
motion TO discharge the COM
littee from the further considera-
-, - Tie hf0