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Services Administration for the calendar year 1959; which, with the accompanying paper, was referred to the Committee on Post Office and Civil Service.

REPORT OF ATOMIC ENERGY COMMISSION The VICE PRESIDENT laid before the Senate a communication from the U.S. Atomic Energy Commission, transmitting, pursuant to law, the annual report of the Commission for the calendar year 1959; which, with the accompanying report, was referred to the Joint Committee on Atomic Energy.

USELESS PAPERS IN GOVERNMENT AGENCIES AND DEPARTMENTS

The VICE PRESIDENT laid before the Senate a communication from the Administrator of General Services Administration, transmitting, pursuant to law, a report of the Acting Archivist of the United States on lists of papers in various departments and agencies of the Government, recommended for disposition, which appear to have no permanent value or historical interest; which, with the accompanying papers, was referred to a Joint Select Committee on the Disposition of Papers in the Executive Departments; and

The VICE PRESIDENT appointed Mr. JOHNSTON of South Carolina and Mr. CARLSON as members of the committee on the part of the Senate.

Ordered, That the Secretary notify the House of Representatives thereof.

PETITIONS

The VICE PRESIDENT laid before the Senate the following petitions, etc., which were referred as indicated:

A resolution of the Veterans of Foreign Wars of the United States, in convention at Los Angeles, Calif., favoring the erection on Corregidor Island of a suitable memorial to those servicemen who served in the Pacific theater during World War II; to the Committee on Foreign Relations.

A resolution of the Council of the City and County of Honolulu, Hawaii, favoring the establishment of an East-West cultural center in Hawaii; to the Committee on Labor and Public Welfare.

Mr. CHURCH presented the following resolutions of the Idaho State Intertribal Council, in convention at Fort Hall, Idaho, which were referred as follows:

A resolution favoring passage of S. 2244, to donate certain Federal surplus property to Indian tribes; to the Committee on Government Operations;

A resolution favoring Senate Concurrent Resolution 12, to raise the social and economic levels of certain Indian tribes; to the Committee on Interior and Insular Affairs; and

A resolution favoring passage of S. 812, to establish a Youth Conservation Corps; to the Committee on Labor and Public Welfare.

EXTENSION OF TIME FOR FILING REPORTS BY THE COMMITTEE ON THE JUDICIARY

On motion by Mr. STENNIS, and by unanimous consent,

Ordered, That the time for reports by the Committee on the Judiciary, pur

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suant to Senate Resolutions 52, 53, 54, 55, 56, 57, 58, 60, 61, 62, 63, and 91, be extended until March 15, 1960.

INTRODUCTION OF BILLS

Bills were introduced, severally read the first and second times by unanimous consent, and referred as follows:

By Mr. HART:

S. 2940. A bill for the relief of Zeldi Bornstayn;

S. 2941. A bill for the relief of Mrs. Ming Chen Hsu (nee Nai-Fu Mo); and S. 2942. A bill for the relief of Eugene Storme; to the Committee on the Judiciary.

By Mr. KEATING:

S. 2943. A bill to suspend certain postal rates; to the Committee on Post Office and Civil Service.

By Mr. KEATING (for himself and Mr. HUMPHREY):

S. 2944. A bill to authorize a study and investigation by the Mount Rushmore National Memorial Commission; to the Committee on Interior and Insular Affairs.

By Mr. RANDOLPH:

S. 2945. A bill authorizing the Secretary of Agriculture to establish demonstration food-stamp programs in the United States; to the Committee on Agriculture and Forestry.

S. 2946. A bill for the relief of James Demetrios Dourakos; to the Committee on the Judiciary.

By Mr. DWORSHAK (for himself and Mr. CHURCH):

S. 2947. A bill to enable the Oregon Short Line Railroad Co. to convey title to certain lands in Idaho to the Pocatello First Corporation of the Church of Jesus Christ of Latter-day Saints; to the Committee on Interior and Insular Affairs.

By Mr. CHAVEZ:

S. 2948. A bill for the relief of Ti Huang; to the Committee on the Judiciary.

S. 2949. A bill to provide for the conveyance of certain mineral rights to W. W. Simpson, Jr., of Carlsbad, N. Mex.; to the Committee on Interior and Insular Affairs.

By Mr. FULBRIGHT (for himself and Mr. SPARKMAN):

S. 2950. A bill to increase the borrowing authority of the Housing and Home Finance Agency for college housing loans; to the Committee on Banking and Currency.

By Mr. FULBRIGHT:

S. 2951. A bill to amend the act of August 1, 1956, entitled "An Act to provide certain basic authority for the Department of State"; to the Committee on Foreign Relations.

By Mr. WILLIAMS of Delaware (for himself and Mr. FREAR): S. 2952. A bill to prevent the application of any milk marketing order to milk produced in certain counties of Delaware and Maryland unless approved by a majority of of the farmers producing milk in such counties; to the Committee on Agirculture and Forestry.

By Mr. BIBLE (by request): S. 2953. A bill to amend certain provisions of the District of Columbia tax

laws relating to overpayments and refunds of taxes erroneously collected; and

S. 2954. A bill to exempt from the District of Columbia income tax compensation paid to alien employees by certain international organizations; to the Committee on the District of Columbia.

By Mr. HARTKE (by request): S. 2955. A bill to amend the act entitled "An act to establish a code of law for the District of Columbia," approved March 3, 1901; to the Committee on the District of Columbia.

By Mr. DOUGLAS:

S. 2956. A bill for the relief of Dr. Ting-Wa Wong; to the Committee on the Judiciary.

By Mr. SYMINGTON:

S. 2957. A bill to amend the National Security Act of 1947 in order to vest administrative authority in the Secretary of Defense: to make mandatory a single overall war plan for the Armed Forces, with the military departments and the military budget tailored to that plan; to require the establishment of of unified commands within the Armed Forces; to provide greater flexibility in the assignment and transfer of military personnel within and among the Armed Forces; to provide for a single Chief of Staff for the Department of Defense, who shall report to the Secretary of Defense; and for other purposes; to the Committee on Armed Services.

By Mr. MAGNUSON (by request): S. 2958. A bill to amend section 4(k) of the Communications Act of 1934, as amended, by relieving the Federal Communications Commission of the duty of making the annual report of personnel as now required by subsection (3) of section 4(k); to the Committee on Interstate and Foreign Commerce.

FILLING OF TEMPORARY VACANCIES IN THE HOUSE OF REPRESENTATIVES

On motion by Mr. MANSFIELD, and by unanimous consent,

The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S.J. Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

The question being on agreeing to the amendment proposed by Mr. HOLLAND to eliminate the requirement of payment of poll tax or property qualification for voting,

Pending debate,

MESSAGE FROM THE HOUSE

A message from the House of Representatives by Mr. Bartlett, one of its clerks:

Mr. President: The House of Representatives has passed the following resolution, which I am directed to communicate to the Senate:

Resolved, That the House has heard with profound sorrow of the death of the Honorable DAVID M. HALL, a Representative from the State of North Carolina.

Resolved, That a committee of 12 Members of the House, with such Members of the Senate as may be joined, be appointed to attend the funeral.

Resolved, That the Sergeant at Arms of the House be authorized and directed to take such steps as may be necessary for carrying out the provisions of these resolutions and that the necessary expenses in connection therewith be paid out of the contingent fund of the House. Resolved, That the Clerk communicate these resolutions to the Senate and transmit a copy thereof to the family of the deceased.

Resolved, That as a further mark of respect the House do now adjourn. FILLING OF TEMPORARY VACANCIES IN THE HOUSE OF REPRESENTATIVES The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S.J. Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

The question being on agreeing to the amendment proposed by Mr. HOLLAND to eliminate the requirement of payment of poll tax or property qualification for voting,

Pending debate,

DEATH OF LATE REPRESENTATIVE DAVID M. HALL, OF NORTH CAROLINA

The PRESIDING OFFICER (Mr. BARTLETT in the chair) laid before the Senate the resolution this day received from the House of Representatives, relating to the death of Hon. DAVID M. HALL, late a Representative from the State of North Carolina; which was read. Mr. ERVIN thereupon submitted the following resolution (S. Res. 264); which was considered and unanimously agreed to:

Resolved, That the Senate has heard with profound sorrow the announcement of the death of Hon. DAVID M. HALL, late a Representative from the State of North Carolina.

Resolved, That a committee of two Senators be appointed by the Vice President to join the committee on the part of the House of Representatives to attend the funeral of the deceased.

Resolved, That the Secretary communicate these resolutions to the House of Representatives and transmit a copy thereof to the family of the deceased.

Resolved, That, as a further mark of respect to the memory of the deceased, the Senate, at the conclusion of its business today, take a recess until 10:30 a.m. tomorrow.

The PRESIDING OFFICER, under the second resolution, appointed Mr. ERVIN and Mr. JORDAN as members of the funeral committee on the part of the Senate.

FILLING OF TEMPORARY VACANCIES IN THE HOUSE OF REPRESENTATIVES

The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S.J. Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

The question being on agreeing to the amendment proposed by Mr. HOLLAND to eliminate the requirement of payment of

poll tax or property qualification for voting,

Pending debate,

RECESS

On motion by Mr. DIRKSEN, at 5 o'clock and 27 minutes p.m.,

The Senate, under its order of today, took a recess, as a further mark of respect to the memory of the late Representative HALL, until 10:30 o'clock a.m. tomorrow.

TUESDAY, FEBRUARY 2, 1960 (Legislative day of Monday, February 1, 1960)

Mr. EDMUND S. MUSKIE, from the State of Maine, called the Senate to order at 10:30 o'clock a.m., and Rev. Fr. Hugh K. Wolf, of Vermillion, S. Dak., offered prayer.

APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE

The Secretary read the following communication from the President pro tempore:

U. S. SENATE, PRESIDENT PRO TEMPORE, Washington, D.C., February 2, 1960. To the Senate:

Being temporarily absent from the Senate, I appoint Hon. EDMUND S. MUSKIE, a Senator from the State of Maine, to perform the duties of the Chair during my absence.

CARL HAYDEN, President pro tempore.

Mr. MUSKIE thereupon took the chair.

THE JOURNAL

On motion by Mr. BARTLETT, and by unanimous consent, The Journal of the proceedings of Monday, February 1, 1960, was approved.

COMMITTEES AUTHORIZED TO SIT The following-named committees were authorized to sit today during the session of the Senate:

The Committee on Foreign Relations, the Subcommittee on Internal Security of the Committee on the Judiciary, the Committee on Aeronautical and Space Sciences, the Subcommittee on Preparedness of the Committee on Armed Services, the Committee on Rules and Administration, and the Committee on Interstate and Foreign Commerce.

REPORT OF ADVISORY COMMISSION ON
INTERGOVERNMENTAL RELATIONS

The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Chairman of the Advisory Commission on Intergovernmental Relations, transmitting, pursuant to law, the first report of the Commission since its organization during the month of December 1959; which was referred to the Committee on Government Operations.

ASSAULTS AND HOMICIDES

The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Secretary of Labor, transmitting a draft of proposed legis

lation to include officers and employees of the Department of Labor within the provisions of sections 111 and 1114 of title 18 of the United States Code, relating to assaults and homicides; which, with the accompanying paper, was referred to the Committee on the Judiciary. REPORT ON PROFESSIONAL AND SCIENTIFIC POSITIONS IN DEPARTMENT OF THE TREASURY

The ACTING PRESIDENT pro tempore laid before the Senate a communication from the Acting Secretary of the Treasury, transmitting, pursuant to law, a report of professional and scientific positions established in the Department of the Treasury for the calendar year 1959; which, with the accompanying papers, was referred to the Committee on Post Office and Civil Service.

PETITIONS AND MEMORIALS

The ACTING PRESIDENT pro tempore laid before the Senate the following petitions, etc., which were referred as indicated:

A memorial of B. B. Feldenfeld, Miami, Fla., remonstrating against the lending provisions of the Small Business Administration Act; to the Committee on Banking and Currency.

A petition of certain employees of the Quartermaster Research and Engineering Command, Natick, Mass., praying the enactment of legislation granting social-security coverage to said employees; to the Committee on Finance.

Mr. CARLSON presented the following resolutions of the Kansas Oil Men's Association, in convention at Wichita, Kans., as follows:

A memorial remonstrating against any efforts to reduce the present percentage depletion for oil and natural gas; and

A memorial remonstrating against further increase of the gasoline tax; to the Committee on Finance;

A memorial remonstrating against any measurement of divorcement on the petroleum industry;

A memorial remonstrating against barring petroleum jobbers from dealing in tires, batteries, and accessories; and A memorial remonstrating against intervention by the Federal Government in the solution of any intraindustry problems; to the Committee on Interstate and Foreign Commerce.

REPORT ON ORGANIZATION AND PROCEDURE OF NATIONAL LABOR RELATIONS BOARD BY ADVISORY PANEL ON LABOR-MANAGEMENT RELATIONS TO COMMITTEE ON LABOR AND PUBLIC WELFARE

Mr. MCNAMARA (for Mr. KENNEDY), by unanimous consent, submitted a report prepared by the Advisory Panel on Labor-Management Relations to the Committee on Labor and Public Welfare on the organization and procedure of the National Labor Relations Board; which was ordered to be printed as a Senate document.

INTRODUCTION OF BILLS

Bills were introduced by unanimous consent, severally read the first and second times and referred as follows:

By Mr. BARTLETT (for Mr.
Moss):

S. 2959. A bill to clarify the right of States to select certain public lands subject to any outstanding mineral lease or permit; to the Committee on Interior and Insular Affairs.

By Mr. JOHNSTON of South
Carolina:

S. 2960. A bill to establish the position of Administrative Assistant Secretary of Health, Education, and Welfare; to the Committee on Post Office and Civil Service.

By Mr. WILEY:

S. 2961. A bill to include officers and employees of the Department of Labor within the provisions of sections 111 and 1114 of title 18 of the United States Code relating to assaults and homicides; to the Committee on the Judiciary.

By Mr. GOLDWATER:

S. 2962. A bill to grant 81 acres of public domain to the Cocopah Indians in Arizona; to the Committee on Interior and Insular Affairs.

By Mr. GRUENING (for himself,
Mr. BARTLETT, Mr. FONG, Mr.
LONG of Hawaii, Mr. JOHNSTON
of South Carolina, and Mr.
NEUBERGER):

S. 2963. A bill to provide for the transportation of first-class mail to and from the States of Alaska and Hawaii by the most expeditious means available; to the Committee on Post Office and Civil Service.

By Mr. HUMPHREY:

S. 2964. A bill for the relief of Kang Sun Ok; to the Committee on the Judiciary.

By Mr. ALLOTT:

S. 2965. A bill for the relief of Earl G. Phillips; to the Committee on Labor and Public Welfare.

By Mr. MAGNUSON:

S. 2966. A bill for the relief of Antigone Apostolaki Cassel; and

S. 2967. A bill for the relief of Huanpin Tso; to the Committee on the Judiciary.

By Mr. YOUNG of North Dakota: S. 2968. A bill to preserve farm wheat acreage history for the years 1960 through 1964 without regard to whether any wheat is planted; to the Committee on Agriculture and Forestry.

By Mr. BRIDGES (for himself and Mr. SYMINGTON):

S. 2969. A bill to authorize the award posthumously of appropriate medals to Chaplain George L. Fox, Chaplain Alexander D. Goode, Chaplain Clark V. Poling, and Chaplain John P. Washington; to the Committee on Armed Services.

ADDITIONAL TEMPORARY EMPLOYEES FOR COMMITTEE ON LABOR AND PUBLIC WELFARE Mr. HILL, by unanimous consent, from the Committee on Labor and Public Welfare, reported the following resolution (S. Res. 265); which was referred to the Committee on Rules and Administration:

Resolved, That the Committee on Labor and Public Welfare is authorized from February 1, 1960, through January

31, 1961, to employ one additional assist chief clerk, six additional professional staff members, and eight additional clerical assistants to be paid from the contingent fund of the Senate at rates of compensation to be fixed by the chairman in accordance with section 202(e), as amended, of the Legislative Reorganization Act of 1946, and the provisions of Public Law 4, Eightieth Congress, approved February 19, 1947, as amended.

STUDY OF PROBLEMS OF THE AGED Mr. MCNAMARA, by unanimous consent, from the Committee on Labor and Pubic Welfare, reported the following resolution (S. Res. 266); which was referred to the Committee on Rules and Administration:

Resolved, That the Committee on Labor and Public Welfare, or any duly authorized subcommittee thereof, is authorized under sections 134(a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdiction specified by rule XXV of the Standing Rules of the Senate to examine, investigate, and make a complete study of any and all matters pertaining to the problems of the aging including, but not limited to, (a) a study of the major problems of the aged, (b) a study of the existing programs of agencies, both public and private, dealing with problems of the aged, (c) a study of the present role of the Federal Government in dealing with problems of the aged, and (d) a study of any additional Federal programs which should be undertaken to help solve the problems of the aged.

SEC. 2. For the purposes of this resolution the committee, from February 1, 1960, to January 31, 1961, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ upon a temporary basis, technical, clerical, and other assistants and consultants: Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be so fixed that his gross rate shall not be less by more than $1,200 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimbursable services, information, facilities, and personnel of any of the departments or agencies of the Government.

SEC. 3. The committee shall report its findings, together with its recommendations for legislation as it deems advisable, to the Senate at the earliest practicable date, but not later than January 31, 1961.

SEC. 4. Expenses of the committee, under this resolution, which shall not exceed $85,000, shall be paid from the contingent fund of the Senate upon vouchers aproved by the chairman of the committee.

STUDY OF MATTERS PERTAINING TO

MIGRATORY LABOR

Mr. WILLIAMS of New Jersey, by unanimous consent, from the Committee on Labor and Public Welfare, reported the following resolution (S. Res. 267); which was referred to the Committee on Rules and Administration:

Resolved, That the Committee on Labor and Public Welfare, or any duly authorized subcommittee thereof, is authorized under section 134(a) and 136 of the Legislative Reorganization Act of 1946, as amended, and in accordance with its jurisdictions specified by rule XXV of the Standing Rules of the Senate to examine, investigate, and make a complete study of any and all matters pertaining to migratory labor including, but not limited to, such problems as (a) the wages of migratory workers, their working conditions, transportation facilities, housing, health and educational opportunities for migrants and their children, (b) the nature of and the relationships between the programs of the Federal Government and the programs of State and local governments and the activities of private organizations dealing with the problems of migratory workers, and (c) the degree of additional Federal action necessary in this area.

SEC. 2. For the purposes of this resolution the committee, from February 1, 1960, to January 31, 1961, inclusive, is authorized (1) to make such expenditures as it deems advisable; (2) to employ upon a temporary basis, technical, clerical, and other assistants and consultants: Provided, That the minority is authorized to select one person for appointment, and the person so selected shall be appointed and his compensation shall be fixed so that his gross rate shall not be less by more than $1 200 than the highest gross rate paid to any other employee; and (3) with the prior consent of the heads of the departments or agencies concerned, and the Committee on Rules and Administration, to utilize the reimbursable services, information, facilities, and personnel of any of the departments or agencies of the Government.

SEC. 3. The Committee shall report its findings, together with its recommendations for legislation as it deems advisable, to the Senate at the earliest practical date, but not later than January 31, 1961.

SEC. 4. Expenses of the Committee, under this resolution, which shall not exceed $50 000, shall be paid from the contingent fund of the Senate upon vouchers approved by the chairman of the committee.

FILING OF TEMPORARY VACANCIES IN THE HOUSE OF REPRESENTATIVES

The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S.J. Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

Javits

Proxmire

The question being on agreeing to the amendment proposed by Mr. HOLLAND to eliminate the requirement of payment of poll tax or property qualification for voting,

Mr. JOHNSTON of South Carolina raised a question as to the presence of a quorum;

Whereupon

The PRESIDING

LAUSCHE in the chair) directed the roll

to be called;

When

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Beall

Jackson

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Keating

Kuchel

Lausche

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Engle Fong Frear

Gore Green

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Hart

Hartke

Hayden

Hennings

Hickenlooper

Eighty-nine Senators answered to

their names, as follows:

Kefauver

Kerr
Kuchel
Lausche

Long, Hawaii

Long, La.

McCarthy

McNamara

Magnuson Martin

Monroney

Symington Williams, Del. Williams, N.J. Yarborough Young, Ohio

Senators who voted in the negative

are

Byrd, Va.

Cotton

Ellender

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Morse

Ervin

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Fulbright

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Hill

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The question being taken on agreeing to the amendment proposed by Mr. HOLLAND, viz,

On page 1, line 11, after the quotation marks, insert Section 1.;

On page 2, line 8, strike out the quotation marks.

At the end of the joint resolution, add the following new section:

Sec. 2. The right of citizens of the United States to vote in any primary or other election for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax or to meet any property qualification.

Nothing in this section shall be construed to invalidate any provision of law denying the right to vote to paupers or persons supported at public expense or by charitable institutions.

The Congress shall have power to enforce this section by appropriate legislation.

It was determined in Yeas___. 72 the affirmative_ ____ Nays.. 16 On motion by Mr. JOHNSON of

Texas,

The yeas and nays being desired by one-fifth of the Senators present. Senators who voted in the affirmative

are

Bridges Brunsdale

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The motion to reconsider was laid on the table.

On motion by Mr. JAVITS (for himself, Mr. DOUGLAS, Mr. ALLOTT, Mr. BARTLETT, Mr. BEALL, Mr. CASE of New Jersey, Mr. CHURCH, Mr. CLARK, Mr. COOPER, Mr. HART, Mr. HUMPHREY, Mr. KEATING, Mr. LONG of Hawaii, Mr. MCCARTHY, Mr. MORSE, Mr. Moss, Mr. MURRAY, Mr. MUSKIE, Mr. NEUBERGER, Mr. PASTORE, Mr. PROXMIRE, Mr. SCOTT, Mr. WILLIAMS of New Jersey, and Mr. YOUNG of Ohio) to further amend the joint resolution by striking out all after the enacting clause, as amended, and inserting in lieu thereof other words, to provide by statutory authority instead of by constitutional amendment process the elimination of the poll tax and property qualification for voting,

On motion by Mr. JAVITS,

The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the amendment.

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Aiken

Carlson

Allott

Carroll

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Ervin

Church

Frear

Ellender

Fulbright
Goldwater
Gore
Green
Gruening
Hayden
Hennings
Hickenlooper

Hill
Holland
Hruska
Johnson, Tex.

Johnston, S.C.
Jordan
Kefauver
Kerr
Long, La.

McClellan Martin

Mundt

Prouty Robertson Russell Saltonstall Schoeppel Smith Sparkman Stennis Talmadge Thurmond Williams, Del. Yarborough Young, N. Dak.

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So the amendment was laid on the table.

On motion by Mr. HOLLAND to reconsider the vote agreeing to table the amendment,

On motion by Mr. JOHNSON of Texas, The motion to reconsider was laid on the table.

MESSAGE FROM THE HOUSE

A message from the House of Representatives by Mr. Maurer, one of its clerks:

Mr. President: The House of Representatives has passed, each without amendment, the following bills of the Senate:

S. 540. An act for the relief of Maybell King;

S. 981. An act for the relief of T. W. Holt & Co.; and

S. 1862. An act for the relief of Harve M. Duggins.

I am directed to inform the Senate, that Mr. SMITH of Mississippi has been appointed a manager on the part of the House of the committee of conference on the disagreeing votes of the two Houses on the amendments of the Senate to the bill (H. R. 3610) to amend the Federal Water Pollution Control Act to increase grants for construction of sewage treatment works, and for other purposes, vice Mr. JONES of Alabama, excused. FILLING OF TEMPORARY VACANCIES IN THE HOUSE OF REPRESENTATIVES

The Senate resumed the consideration of its unfinished business, viz, the joint resolution (S. J. Res. 39) to amend the Constitution to authorize Governors to fill temporary vacancies in the House of Representatives.

On motion by Mr. KEATING (for himself, Mr. CASE of South Dakota, and Mr. BEALL) to further amend the joint resolution, by striking out all after the resolving clause, as amended, and inserting in lieu thereof the following:

That the following articles are hereby proposed as amendments to the Constitution of the United States, and any one of which shall be valid to all intents and purposes as part of the Constitution only if ratified by the legislatures of threefourths of the several States within seven years from the date of its submission by the Congress:

"ARTICLE

"On any date that the total number of vacancies in the House of Representatives exceeds half of the authorized membership thereof, and for a period of sixty days thereafter, the executive authority of each State shall have power to make temporary appointments to fill

any vacancies, including those happening during such period, in the representation from his State in the House of Representatives. Any person temporarily appointed to fill any such vacancy shall serve until the people fill the vacancy by election as provided for by article I, section 2, of the Constitution.

"ARTICLE

"Section 1. The right of citizens of the United States to vote in any primary of other election for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay any poll tax or other tax or to meet any property qualifications.

"Sec. 2. Nothing in this article shall be construed to invalidate any provision of law denying the right to vote to paupers or persons supported at public expense or by charitable institutions.

"Sec. 3. The Congress shall have power to enforce this article by appropriate legislation.

"ARTICLE

"The people of the District constituting the seat of the Government of the United States shall elect, in such manner and under such regulations as the Congress shall provide by law—

"a number of Delegates to the House of Representatives equal to the number of Representatives to which they would be entitled if the District were a State with such powers as the Congress, by law, shall determine; and

"a number of electors of President and Vice President equal to the whole number of Senators and Representatives in the Congress to which the District would be entitled if it were a State; such electors shall possess the qualifications required by article II of this Constitution; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and cast their ballots as provided by the twelfth article of amendment." Pending debate,

On motion by Mr. KEATING, The yeas and nays, being desired by one-fifth of the Senators present, were ordered on the question of agreeing to the amendment.

After debate,

The question being taken on agreeing to the amendment tproposed by Mr. KEATING (for himself and others),

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So the amendment was agreed to. On motion by Mr. CASE of South Dakota to reconsider the vote agreeing to the amendment,

On motion by Mr. KEATING, The motion to reconsider was laid on the table.

On motion by Mr. JOHNSON of
Texas,

The yeas and nays, being desired by one-fifth of the Senators present, were ordered on passage of the joint resolution.

Ordered, That the joint resolution be engrossed and read a third time.

The said joint resolution was read the third time.

On the question, Shall the joint resolution pass?

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are

25

Bridges

Butler

The yeas and nays having been heretofore ordered.

Byrd, Va.

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So it was

Fulbright Goldwater

Hickenlooper

Hill Johnston, S.C. McClellan

Robertson Russell

Stennis

Talmadge

Thurmond Young, N. Dak.

Resolved, That the joint resolution do pass, two-thirds of the Senators present having voted in the affirmative.

The title was amended to read: "Joint resolution proposing amendments to the

Constitution of the United States to authorize Governors to fill temporary vacancies in the House of Representatives, to abolish tax and property qualifications for electors in Federal elections, and to enfranchise the people of the District of Columbia."

Ordered, That the Secretary request the concurrence of the House of Representatives therein.

On motion by Mr. DIRKSEN to reconsider the vote on the passage of the joint resolution,

Texas,

On motion by Mr. JOHNSON of

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