TUESUA Y, FEnRUARY 8, 1966
(J,rol\latlvc da11 of WcdncHduy, January 26, 19GiiJ
The APnaLc meL at 10 o'clock a.m .. on
t.hc expiration of the recess. and was
called to order by the President pro
Rabbi Maynard C. Hyman, Congregation
Adas Yeshurun, Augusta, Ga., offered
the following prayer:
Our l'ather In Heaven, Creator of the
Universe, on this third day of the week
we are reminded of Thy divine words
recorded in the first chapter of the Book
of Genesis. Twice was the third day of
creation singled out and blessed with the
words, "And G-d saw th11:t it was good."
That day we are told merited such distinction
because it represented not only
creation but also unity. This teaches us
the divine lesson that true goodness and
creativity can only come about when the
elements of unity and peace shall reign
0 L--d, prosper the hands of our Nation's
leaders who carry on Thy great
work deliberating for the purpose of
beneficial creativity and in the interest
of uniLy and peace.
Bless, 0 Heavenly Father, all the people
of our country. In our relations with
one another. may we ever remember that
we are all Thy children equally dependent
upon Thee. Bring us together into
an everlasting bond, regardless of color,
race, o~ creC'd, so that we may best work
for th£ welfare of all mankind.
Hasten the day when the millennia!
hope of universal peace will prevail
throughout the world with justice and
freedom for all people. Amen.
ATTENDANCE OF A SENATOR
GEORGE A. SMATHERS, a Senator
from the State of Florida, attended the
session of the Senate today.
PROPOSED REPEAL OF SECTION 14
(b) OF THE NATIONAL LABOR RELATIONS
ACT, AS AMENDED
The Senate resumed the consideration
of the motion of the Senator from Montanfl
I Mr. MANSFIELD] that the Senate
pro<;eed to the consideration of the bill
to repeal section 14(b) of the
National Labor Relations Act, as
amended, and section 703 Cb) of the
Labor-Management Reporting Act of
1959 and to amend the first proviso of
section 8Cal C3) of the National Labor
Relations Act, as amended.
The PRESIDENT pro tempore. Is it
the sense of the Senate that the debate
shall be brought to a close?
Mr. MANSFIELD. Mr. President, I
suggest the absence of a quorum. With
the concurrence of the minority leader,
I ask unanimous consent that the time
for the 11uorum cnll be charged equally
to both sides.
The PRESIDENT pro tempore. Without
objection, it is so ordered. The
clerk will call the roll.
The legllilative clerk proceeded to call
Mr. MANSFIELD. Mr. President,
time is so precious that I feel I must ask
unanimous consent ~hat the order for
the quorum call be rescinded.
The PRESIDENT pro tempore. Without
objccLion. It is so ordered.
Mr. MANSFIELD. I ask unanimous
consent that I may proceed on my own
time as long as necessary.
The PRESIDENT pro tempore. The
Senator has that right.
Mr. MANSFIELD. Mr. President, In a
few moments, the Senate will vote on
cloture. In all frankness, the leadership
does not expect to sway manyanyone-
with Its eloquence at the
11th hour. Nevertheless, a decent
respect for the opinion of the Senate
suggests that there should be set forth
for the record the course of events
which led to this attempt to close the
It so happens that, as one Senator, I
favor passa.rre of H.R. 77. My position
in this respect has been made clear not
once buL many times. As one Senator,
I am prepared to vote for H.R. 77 now.
I am prepared to vote for it tomorrow or
the next day, or whenever a vote can be
had. However, the Senate knows me
well enough to know, too, that the efforts
to bring H.R. 77 to a vote last year and
again this year have had nothing to do
with my personal position on 14(b).
I would like to add that the efforts also
have had nothing to do with any pressure
from any source.
I wish to emphasize that point, Mr.
President. There has been no pressure
of any kind or any sort on me, from any
source. On the contrary, this measure
was pursued last year by the leadership,
on its own initiative, because H.R. 77 is
an item in the President's program and
the leadership feels that any matter
which the President-any President-is
constrained to recommend for the consideration
of the Congress deserves the
decent and respectful attention of the
Congress. Furthermore, H.R. 77 is a
maLter of considerable importance to
many millions of Americans who, whether
as union members or not. labor for
a living. Most Important, H.R. 77 is a
properly passed resolution of the House
of Representatives. and. in the Senate,
H.R. 77 has been considered by the responsible
committee and properly and favorably
referred to the Senate. Finally,
H.R. 77 was considered by the majority
policy committee and cleared for floor
action a.fter it had lodged upon the Sen-atP
Calendar for a con~ldcrulllc period
On October 1. 1965, therefore. the
leadership moved to lay down H.R. 77.
In the circwnstances just outlined. this
action was the simplest and most routine
of procedural motions.
Then the roof fell in. The leatler~hip
motion. which should have carried without
debate, became instead the catchall
for an attack, not only on a perfectly
proper bUl of the House of Representatives.
but on the Senate committee which
had had the temerity to report. it: on the
whole of organized labor which had had
the effrontery to advocate it; and on the
President who had had the gall to recommend
its passage. Indeed, It was as
though the heavens were accidentally
opened by this simple procedural motion.
Out poured the resentments, the Irritations,
the vendettas, and the whatevers
against organized labor which were pent
up over the decades.
For 2 weeks, the Senate hemmed and
hawed and fumed and flamed over this
C1Uestion of whether or not to take up
H.R. 77, a question which the Senate
normally disposes of in less than 5 seconds
when all is in the usual order. as
it was in this case. Was this a filibl.L~ter,
Mr. President? No. Mr. President, it
was a prefillbuster, a hugger-mugger.
The leadership is sometimes generously
credited with great patience. But
it is not that patient. After 2 weeks of
banter and banality, the leadership felt
that the Senate ought to have an opportuniLy
to express itself on the melits
of continuing with the matter. Therefore,
it offered, in preference to cloture.
an unusual tabling motion to seck the
sentiments of the Senate on the situation.
This effort was promptly reduced
to meaninglessness by a unanimous vo~e
when those who were arguing against
taking up H.R. 77, playfully urged by
Lh~ir votes that the leadership continue
to try to take it up.
The leadership was in no mood !or
games. Lhen, anymore than it is now.
Therefore, the Senate was asked again
to face up to its responsibility in a vote
on cloLure on the simple procedural motion
of layjng down H.R. 77. And on
that vote. the Senate finally made It
clear that it had no desire to pursue H .R.
77 in the last session.
There the matter stood at the opening
of the 2d session of the 89Lh Congress.
Nothing had changed in the status of
HR. 77. It was still a Presidential recommendation.
H was still a duly passed
House bill, duly considered, and duly reported
by the appropriate Senate committee.
It was still on the Senate Calendar.
Nothing had changed except
that the Senate had used up 2 weeks in
Mike Mansfield Papers, Series 21, Box 43, Folder 29, Mansfield Library, University of Montana
the previous session on one simple procedural
Now. the senate has proceeded. in thls
2d se ~on. to use up 2 weeks more on
the same procedural question. That ls a
total of 1 month, out of perhaps the 20
or so months of scs•lon which are normally
available per Congress.
We have spent, to repeat, 1 month out
of 20, not on an Issue, but on one simple
procedural motion. If the Senate were
on the question of 14y Scouts of
America"; "A joint resolution enabling
the United States to extend an invitation
to the World Health Organization to
hold the 22d World Health Assembly in
Boston, Mass., in 1969."
So far as I am aware, about the only
charge that has not been made to date
in this discussion is that the leadership
has passed over more urgent pieces of
business such as these calendar items in
order to appease labor or to cater to the
President, or to commit some other
breach of Senate trust.
To be sure, there has been some reference
to the more urgent matter of Vietnam
in the last few days. Vietnam,
indeed, ls urgent business--very urgent
business, as the Senator from Montana
1s only too well aware, and as, I am sure,
most of my colleagues on both sides of
the aisle are also fully aware.
But the leadership would hope, especially
because Vietnam is grave and
grievious as well as urgent that not too
many legislative sins of omission and
commission shall be obscured in the
name of Vietnam before the days of
this year have run their course.
The fact is that there is not and has
not been any resolution on the calendar
pertaining to Vietnam which competes
with HR. 77 for the Senate ftoor. It is
true that committees have been hard
pressed to meet and to consider and to
prepare urgent legislation on Vietnam
and other matters for the calendar. But
is tha.t the fault of the leadership? The
leadership has urged not once but many
times that committees be permitted to
meet while the Senate is in session. And,
1f I may be allowed to say so. it is not
the objection of the leade;shir- which
has prevented committeP meetings on
Vietnam or any other mann of
No, Mr. President, the leadership has
not used Vietnam as an excuse for a
holiday from the responsibilities which
arc posed by this Issue. Rather, the
leadership has tried to diSCO\'er the
wishes of the Senate by the course of
Certain tendencies in this connrctiOn,
may I say, no11' appear to be obvious.
When a month is spent on a
question, wh1ch routinely takes 5 seconds.
reason and mutual restraint have lost
their sway in the Senate When the Senate
spends, for 2 successive years, 2
weeks per year on the same simple procedural
question without reaching a conclusion
of a vote one way or the other,
reason and mutual restraint do not prevail.
And when reason and restraint lose
their grip here, the Senate invariably
reaches an impasse of futility.
To be sure, all meaning of expedients
are suggested as the way around the impasse.
Of these, none is more lacking
in validity than the suggestion of a trial
by physical endurance, as though the
whole experience of freedom shall be advanced
by catapulting it backward to
the practices of the Middle Ages. Overlooked
in this proposal, of course, is the
health of the Members-and especially
our older Members. Overlooked, of
course, is the demeanor of a pajama-clad
session of Congress.
Most important. what is overlooked is
the uselessness of the round-the-clock
session. In the history of the Senate,
this device has been tried many times.
Does anyone know when last it succeeded
in the face of a substantial minority?
I repeat the question : Does anyone
know when last it succeeded in the face
of a substantial minority?
I gather the answer is no.
Does anyone know if it ever succeeded?
Again I pause.
Again I assume that the answer is no.
Within my memory and, I am sure, in
the memory of every other Member, It
has been tried but it has never been
effective in the sense of breaking a fillbuster.
In the end, the round-the-clock session
invariably has exhausted those who
have sought to move in an orderly course
and without unconscionable delay. In
the end, the round-the-clock sessions
have served to break not the minority
but the majority position-to compel a
compromise on it or to bring about Its
Is there not room for compromise in
the present situation? I do not know if
there is room for compromise on the
issue of H.R. 77 itself. Whether there is
or not, the Senate will never know until
it comes to grips with the issue of H.R.
77, and it cannot do that until H.R. 77
becomes the pending business. Until it
is pending, we cannot offer to amend this
bill as a way to compromise. Indeed, we
cannot even refer it back to committee
for further work.
In short, there is no way to compromise
the Question which is now before
the senate. The Senate can either
take up H.R. 77 now or not take it up
new That s the o!e qu t.lon Am! If
lL cannot drcide n mnt r "'hlch I l.hn
drmcntary, how much h. Ilk l)• Ls It
come to grips "'1th the subsl.!lncc of H H
77 and the possibihtiCs of comproml c?
That. then, ls where we stand. ThnL,
then, is why we nrc about UJ vote on
cloture. The only que t10n at stake in
thts Yotc ls whether the Senate shaH
prccccd to considrr H R 77 or lra,·c th1s
measure to languish on the calendar. I
know, only too wc11, that we need th
same vote to prevail as we would require
for a constitutional amendment or to
ratify a treaty: but 1! ever there was a
situal!on which crirs out, not for a simple
majority, or a two-thirds majonty,
but for an oYcrwhclming vote of the
Scn::te. this Is that situation.
I welcome now, in earnest. the concurrence
of those who last year playfully
voted with the leadership to make It
unanimous against tabling the motion
to take up H.R. 77.
The Senate wlll not gag itself by voting
to adopt cloture after 1 month of
this futility. On the contrary, if the
Senate does adopt cloture, it will free
it.self from the passion and perversity
which, since t.he end of the last session,
have held this lnst.itution in a deadly
The PRESIDING OFFICER CMr. HAR
RIS in the chair>. Who yields time?
Mike Mansfield Papers, Series 21, Box 43, Folder 29, Mansfield Library, University of Montana
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