Monday, Feb. 01, 1926
World Court Debate
Last week, as in previous weeks, the Senate debated the World Court. Last week, as in previous weeks, it was not voted on. But last week there was substantial progress of a dramatic kind.
The tax bill, which the country wants passed before March 15, had been completed by the Finance Committee but was withheld from the floor in the effort to get a decision on the World Court. The opposition continued to postpone the decision on the Court. They knew that if a vote were taken they would be beaten, but they also knew that many of the supporters of the Court were halfhearted, and they hoped if a vote could be postponed to force the half-hearted supporters to change sides. That was the situation.
But was there a filibuster? Senator James A. Reed of Missouri made several long speeches against the Court, denouncing the propaganda which had been poured out favoring it, and had the clerk read for an hour and a half a long article by Andrew Carnegie. Senator Borah made a vigorous speech against the Court. Senator Hiram Johnson, another opponent, spoke for several hours. So did Senator Harreld of Oklahoma. And young Senator LaFollette made a maiden speech, an able but not a spectacular speech lasting three hours. He read the speech for three hours, completely at his ease, speaking clearly, from time to time putting his hands in his pockets. Once his tongue became entangled in "indubitably." He paused deliberately and pronounced it carefully. Once he asked for order when there was whispering in the Chamber: "I do not expect any Senator who is not interested to stay here and listen to me, but I would like order." Listening to him in the gallery almost directly over his head was a lady in black--Mrs. Woodrow Wilson. She leaned over the gallery ledge in close attention as he declared: "President Wilson would brook no opposition. He insisted that the Senate should sign the Versailles Treaty, creating the League of Nations, on the dotted line. He went to the country confident that he would win an overwhelming victory. I doubt if there has ever been a more striking example of mistaken judgment or a more complete reversal of political fortune in the history of this government." But was there a filibuster? Senator Borah leading the Court opposition at one time exclaimed: "I am not going to engage in a filibuster. I've been 18 years in this body and I have never taken part in a filibuster yet. I've spoken three times on this matter and at no great length. From the beginning I have insisted on legitimate debate. In answer to the Senator from Alabama,-I would suggest Feb. 10 as a date to vote. I want to be sure not to cramp anybody." Senator Heflin, a Court supporter, thereupon interrupted and mentioned that, if necessary, measures for cloture (the stopping of debate so as to vote) might be taken. Vice President Dawes, who has been fighting for a better cloture rule, was in the chair, and Mr. Borah exclaimed: "I trust the Senator from Alabama observed the broad smile on the face of the Vice President." Senator Blease, whom able Democratic correspondent Frank R. Kent describes as "the supreme political patent-medicine man," was very frank in proclaiming his position : "Mr. President, something has been said about a filibuster. I do not know that I exactly understand what that word means, but if filibuster means to speak, or filibuster means to vote, I want to say right now that I would to GOD I had the power to stand here without eating a bite or taking a drink or sleeping a wink until 12 o'clock on the fourth day of March, 1931, if it would keep this iniquitous, infernal machine from being put on the people of America. If you call that a filibuster, then I am guilty." Sessions were begun at eleven in the morning and continued until six in the evening--and still the Senate was not talked out. At length, after several failures to agree, an understanding was effected. Senator Robinson of Arkansas, the Democratic leader, with the agreement of the Court supporters and Senator Borah, leader of the opposition, moved to vote on Feb. 10, limiting each speaker's time to 30 minutes and taking up the tax bill in the intervals of the Court debate. To make the agreement effective, it had to be adopted by unanimous consent. Senator Blease rose. Senator Moses rushed over to ask him not to object, but was literally pushed aside. Senator Blease objected, then Senator Lenroot laid a paper on the desk of Senator Walsh. There was a rush of Senators to sign it. The attempt was being made to invoke "Rule 22," the Senate's present cloture rule. This rule provides: 1) that a petition signed by 16 Senators asks cloture; 2) that two days later there be a vote on the cloture motion requiring two-thirds of those present to carry it; 3) that if it is carried, no Senator may talk more than one hour before a vote is taken. The reason that the rule had not been invoked sooner was that the Court supporters feared there were weak brethren within their ranks who, while committed to vote for the Court, might be willing to vote against cloture in order to postpone a decision on the Court until after the election next fall. When the motion for cloture signed by 24 Republicans and 24 Democrats was filed there was an outburst. Senator Reed of Missouri ex claimed: "If we are going to have gag rule, we might as well have it speedily as later." He turned to his fellow Democrats and continued: "Make this move toward shutting off debate if you want to. Make it just as indecent as you want to. "I am looking at some Southern Senators whose freedom of debate in the Senate of the United States was once relied upon to preserve their liberties. I am looking now at some minority Senators, whose safety is their right of debate in this body, and when a minority party will help to prepare a noose to choke itself, I think it is doing a very unusual thing. I think, in this case, it is doing a very unjust thing. "You are doing a very unfortunate thing. I am making no threat, but if gag rule is applied in this Senate now, then as long as I am in it I will help apply it on other things." Senator Robinson, the Democratic leader, rose, very angry: "The speech of the Senator [Mr. Reed] does not in the least restrain me from following my convictions of what I should do in discharge of my duty. I am perfectly willing that every Senator be accorded freedom of debate. "But I am not terrified [shaking his finger] when the Senator threatens that if I do what is right in this instance, he will do what he knows will be wrong in other instances. "What right has any Senator to hold up business here, no matter how big or how little he is?" At this Senator Ashurst wanted to know to whom Mr. Robinson was referring. It was Senator Blease. Senator Ashurst turned upon Mr. Blease, who had previously (TIME, Jan. 25) attacked Woodrow Wilson, and exclaimed sarcastically: "When Prometheus was bound it was a vulture that tore out his vitals." Senator Blease stood up but restrained himself, and Mr. Robinson bellowed: "I am amazed that so great a man [Senator Reed]--great in my estimation and great in his own-- should tell the Senate of the United States that if it does not recognize his right to disregard these rules, he proposes to pull the temple down on himself. Let him do it if he has the power!" At last Senator Blease broke the chains of silence: "I have never been whipped under a lash in my life and by the eternal gods I never expect to be. Under this cloture lash I will not cringe. I objected, and my objection stands." As for Woodrow Wilson: "Every word I said about him on this floor, and every word that is in the Record, I said on the public rostrum in the state of South Carolina in the presence of thousands while he was living, and while his agents from the Department of Justice were stenographically reporting my remarks to the department and trying to put me in jail for disloyalty.
"He was not bound. He was very much alive."
The motion for cloture came to a vote. Diplomats thronged the galleries; Congressmen hurried in. President Coolidge, kept closely informed of what was passing, sent over a certified copy of the protocol. The name of the Ku Klux Klan was dragged across the chamber and hung on Senator Reed, who flung it off. Hiram Johnson got the last six minutes for objecting.
At one o'clock the roll was ordered called. They answered: 37 Republicans and 31 Democrats for cloture, 18 Republicans, 7 Democrats and Farmer-Labor Senator Shipstead, against.
In spite of cloture the opposition still fought on, forcing roll calls to delay proceedings, rising to questions of personal privilege to hold back the debate.