May 16, 1980 CONGRESSIONAL RECORD-SENATE 11559 SENATE-Friday, May 16, 1980

(Legislative day of Thursday, January 3, 1980) The Senate met at 11 a.m., on the ex- The ACTING PRESIDENT pro tem- committees will be voting: Today, Tur­ piration of the recess, and was called to pore. Without objection, it is so ordered. key's committee will decide; on Mon­ order by Hon. J. JAMES ExoN, a Senator day, the Dutch and Swedish committees from the State of Nebraska. will decide; on Tuesday, it will be the THE MOSCOW OLYMPICS Italian committee; on Wednesday, the Japanese committee, and on Thursday, PRAYER Mr. ROBERT c. BYRD. Mr. President, the Australian committee. The Chaplain, the Reverend Edward we have today a story of contrasts. I There are 9 days left until the filing L. R. Elson, D.D., offered the following find it tragically revealing. deadline for participation in the Mos­ prayer: On the one hand, we have the West cow Olympics. These are 9 days the Let us pray. German Olympic Committee which has world will watch. O God our Father, who has watched voted 59 to 40 to boycott the Moscow Will the undecided nations go the way over this Nation from the beginning un­ Olympics this summer. Earlier this year, of West Germany and the United States; til now and hast made us stewards of the West German Parliament voted 446 or will they go the way of France? Thy great gifts, grant us the wisdom and to 8 to support the boycott movement. Unless one wants to reward the So­ the will to use what Thou hast given us This represents a strong statement of viet's enslavement of the people of Af­ for the betterment of mankind. Let Thy principle and determination by the ghanistan, the Soviet massacre of Af­ blessing be upon us in this place as we West German people. I commend their ghan citizens, of Afghan soldiers, and of offer the toil of our minds, our hands, courage, as well as their values. Afghan children, there can only be one and our hearts in service to this Nation. On the other side, we have the action right answer. Encompass us with Thy spirit. Be with taken by the French Olympic Commit­ Mr. President, I yield to the distin­ us in our coming in and our going out. tee which voted 22 to O to attend the guished minority whip, the acting leader. Preserve us from unrelieved weariness, Moscow Olympics. During this debate, Mr. STEVENS. Mr. President, I am from taut emotions, from numbed the French Government has remained grateful to my friend. nerves, from easy despair and from do­ strangely quiet, saying that sports and ing less than our best. Reinforce all hu­ politics should not mix. man strength by the greater energy of I find this view deplorable because it RECOGNITION OF THE ACTING Thy spirit that, being assisted by divine is at best naive, and at worst, self­ MINORITY LEADER grace, we may, in some way be instru­ serving. The ACTING PRESIDENT pro tem­ ments for bringing a· measure of Thy I am amazed that France, a nation kingdom on Earth. pore. The Senator from Alaska is rec­ that was itself once occupied by a foreign ognized. In Thy holy name, we pray. Amen. power, will not now demonstrate its out­ rage over the occupation and domina­ tion of another nation by a foreign pow­ ALASKA'S OIL WEALTH APPOINTMENT OF ACTING PRESI­ er. DENT PRO TEMPORE The French protest that interna­ Mr. STEVENS. Mr. President, recent­ tional sports and politics should be kept ly, Alaska has been the focus of atten­ The PRESIDING OFFICER. The clerk tion over the amount of revenue resi­ will please read a communication to the separate. We cannot kid ourselves. Poli­ tics, in one form or another-and in dents have received as a result of the Senate from the President pro tempore wealth derived from the development of (Mr. MAGNUSON) . 1936 in its most contemptible form-has intruded into virtually every Olympic oil in my State. Many Members may not The legislative clerk read the follow­ realize it, but 1 out of every 6 gallons ing letter: game. U.S. SENATE, It would be nice if we lived in such a of oil produced in this country comes from Alaska, and we are proud of the PRESIDENT PRO TEMPORE, perfect world where international sports Washington, D.O., May 16, 1980. competition was kept in a bubble, iso­ contribution we are making to our na­ To the Senate: lated from the injustices and aggressions tional energy supply. As a matter of Under the provisions of rule I, section 3, of certain countries. fact, we would very much like to have of the Standing Rules of the Senate, I hereby the chance to look for more oil and gas appoint the Honorable J. JAMES EXON, a Sen­ But we do not live in such a world. We to provide more assistance to our fel­ ator from the State of Nebraska, to perform do live in a world where schoolchildren­ low citizens in the lower 48 in reduc­ the duties of the Chair. boys and girls-are gunned down­ ing our dependence on foreign sources WARREN G. MAGNUSON, murdered-on the streets of Kabul by President pro tempore. Of oil. "brave" Soviet soldiers. These children This morning, I would like to com­ Mr. EXON thereupon assumed the will never have the chance to partici­ ment upon the criticism we have been chair as Acting President pro tempore. pate in any Olympic game. subjected to because of the money Alas­ This, to me, Mr. President, transcends ka has received from the sale of our international sports and international oil. RECOGNITION OF THE MAJORITY politics. I find such horror stories an Many peonle do not realize that the LEADER affront to human dignity and the free­ major oil discovery in Alaska was on The ACTING PRESIDENT pro tem­ dom of all mankind. State lands at Prudhoe Bay. Mr. Presi­ pore. The majority leader is recognized. There are now about 35 nations whose dent, Alaska has been a State for only Olympic committees have said they will 21 years. Before that, we were a terri­ not attend the Moscow Olympics. The tory of the United States for over 90 JOURNAL governments of 25 additional nations years. During territorial days, we were Mr. ROBERT C. BYRD. Mr. President, have pledged their support for the Olym­ largely ignored by the Federal Govern­ I ask unanimous consent that the Jour­ pic boycott. ment which was charged with ·the re­ nal of the proceedings be approved to In the wake of the West German de­ sponsibility of building roads and air­ date. cision, a number of important Olympic ports, docks and ports, and all the facili-

• This "bullet" symbol identifies statements or insertions which are not spoken by the Member on the Boor. 11560 CONGRESSIONAL RECORD-SENATE May 16, 1980 ties we need. As a state, we have been face resources and invest the moneys for is provided by commuter and air taxi treated somewhat better but we still lack future returns to Alaskans who come operators who fly approximately 1,700 much in the way of highways, airports, after those of us who now have the privi­ airplanes over 390,000 square miles of harbors, and other public works. The lege of enjoying our State. frozen tundra. This way of travel is not revenue we now are receiving makes up Mr. President, I ask unanimous con­ only· unique because of the vast dis­ in some ways for the years of being sent that an editorial from the Seattle tances, but is also very difficult because ignored that we suffered through. . Times, which goes into this, and is en- of the often hostile weather conditions. Furthermore, I do not think most titled "Alaskans Get to Spend Some of However, as many of the pilots and resi­ Americans realize that Alaskans pay the Own Oil Money," be printed in the dents of the villages will point out; "the highest per household Federal taxes in RECORD. only alternative is the dog-sled." For the Nation. In 1979, the average Alaskan There being no objection, the editorial this reason, it is absolutely crucial that family paid $12,143 in Federal taxes. The was ordered to be printed in the RECORD, Alaska have a safe and reliable aviation average family burden on the next as follows: system. There is no one more familiar closest State was only $7,049 per house- .ALASKANS GET To SPEND SOME OF OWN with the many problems involved than hold, over $5,000 less than in Alaska. on. MoNEY Congressman DON YOUNG. Alaska sales taxes have also been the Alaska. has a. problem the other 49 states Congressman DoN YOUNG is a long­ highest in the Nation. In 1978 Alaskans oa.n envy. For the immediate future, the time resident of Fort Yukon, one of paid $1,383.23 per capita in sales taxes. problem is what to do with more than $3 Alaska's "bush" villages and a former The next highest State tax per capita billion in surplus funds for the fiscal year riverboat captain. The only year-round was $843.21, again, more than $500 less ending June 30, 1981. Projected over the next service to Fort Yukon is by air. DoN has per capita in sales taxes. 20 years, the problem is what to do with nearly $100 billion. done a tremendous job in bringing out We have had, in terms of the alloca- What's happening, of course, is that the the problems faced by Alaskan com­ tion of the Federal tax burden by State 49th state finally is beginning to cash in on muters and air taxi operators. Many of per capita, also, the highest per capita royalties and production taxes from the these problems arise because Alaska is payment. Prudhoe Bay oil bonanza. As one might often lumped in with the rest of the We have paid, as No. 1 individual per imagine, the Legislature in Juneau has been United States when considering aviation capita taxpayers in the country, in 1978, besieged by constituents seeking money for concerns. Unfortunately, this just does $3,355 per capita. The next highest, in- pe.bi;ol~~~!·· s first Prudhoe Bay wtndfall­ not make sense. cidentally, was the District of Columbia $900 m1llion in 1969 from oil-field Ieases­ Recently, Commuter Air devoted quite with $2,418. went mostly to public-works projects. Sub- a bit of their March issue to the dimcul­ Alaskans have paid their share and sequent oil revenues of less than $1 b1llion ties faced by Alaskan commuter and air more in the hard years both to the a. year have been pumped into various gov- taxi operators. The feature article is State and Federal Government. ernment services. a commentary by Congressman YOUNG Because of the funds now available But Ia.st week the Legislature voted to do which points out some of the many dif­ my State has started an innovative pro- somet hing different with a. siooble chunk of ftculties. I believe that my colleagues will ram to make dividends payable to our that oil revenue-1>omething that many gov­ g ernment bureaucrats everywhere would re­ find this article extremely interesting residents. This will insure that the ga.rd as highly irregular. The lawmakers and informative and I ask unanimous people who have struggled through the voted to put pa.rt of the money-amounting consent that it be printed in the RECORD. hard years before statehood and the to $405 million this year-into the pockets There being no objection, the article lean years since will be compensated for of the state's 400,000 residents. was ordered to be printed in the RECORD, their support of our State and our The distribution formula. includes abolish- as follows: territory. ing the state iJlcome tax for most people, and refunding last year's income-tax payment THE FAA HAS PLENTY OF WORK TO Do I th h It is also a way to let peop e roug - for everybody. In addition, residents a.re be- (By Congressman DoN YOUNG) out the rest of the country become ing given $CO for each year they've lived in Alaska. is quite simply the most a.vtation­ aware that we do have these State funds Alaska. since 1959, when statehood began. oriented place in the United States. In the and that they are being distributed to That means a. 21-year resident will receive lower 48 states, automobiles a.re the normal those who supported our State for so $1 ,050 this year. mode of tra.nsporta.tion; in Alaska., aircraft ls long. It is a way that we can allow, as The $50 base dividend is expected to in­ the name of the game. Alaskans, individuals in our State to crease because it is tied to earnings by a. Having no appreciable system of roads, 'th th f ds state trust fund fed by the oil revenues. decide what we shou1 d d o Wl e un As revenues increase, the trust builds and there a.re many villages where individuals that come to our State government. the dividend grows. who have never experienced a. ride in an au­ Alaska is the only State that deter- "Some people call this socialism," says tomobile have traveled extensively by air. The Alaska's Republican governor, Jay Ham­ distances in Alaska. a.re great; the weather mined that all subsurface rights on conditions sometimes impossible. It is obvi­ lands that came through State owner- mond. "But it really is very conservative. ous that needs for air travel a.re uniquely · ship should remain the property of the It doesn't take from the rich and give to pressing. State. the poor. We're ta.king wealth that belongs Given this information, let's examine This means that the royalties from to the people and making sure that a.t least Alaska's relationship with the FAA to demon­ the development of subsurface rights some of it is funneled through their pockets, strate a. "worst case" application of the rules will be paid to the State treasury. We instead of through their elected representa­ tives." to the realities of life in the 49th state. are, in fact, a corporate State. we say hurrah. some Alaskans may not The FAA's primary duty is to regulate air But lastly it is a way to allow the in- make the wisest use of their personal bo­ travel, allowing the best possible level of dividual to decide what they need. We nanza.. But it's their money, isn't it? We con­ safety to be enjoyed by carriers and passen­ have decided that our government should gra.tulate the Juneau decision-makers for at gers alike. As a regulator in Alaska, it serves least a. partial departure from the pervasive to fac111ta.te consistent and safe travel, to not always pretend to know what is best teach opera.tors ways to increase their levels for all Alaskans. We believe Alaskans notion that the government knows what's of safety and, in the event that non-com­ should have the opportunity to make the best for everybody. pliance occurs, to take punitive · action decision as to how to spend the moneys ------against those who do not live up to safety that come to our State treasury. standards. We believe that the best way to do AIR TRAVEL IN ALASKA The crime is that the FAA, for a. number this is to have the funds flow from the Mr. STEVENS. Mr. President, one of of reasons, seems to be derelict in its facili­ State treasury to individual Alaskans the greatest problems in Alaska is re­ tation and teaching roles, and seems much and let them make the decision. liable, year-round transportation. Alaska more concerned with its punitive role. As a.n ex-teacher, I realize that you don't We also have created, and the Senate has relatively few roads and air travel is rap a. student on the knuckles for llliteracy should know this, a new Alaska perma­ the most important mode of transporta­ before you teach him how to read. Yet, in a. nent fund. That permanent fund will tion. However, air travel in Alaska is very number of cases, this is precisely what hap­ take 25 percent of all the moneys re­ different than in most of the "lower 48." pens in aviation enforcement. Carriers a.re ceived from the development of suoour- Most of the day t.o day transportation fined for infractions they are not a.ware of, May 16, 1980 CONGRESSIONAL RECORD-SENATE 11561 rules are broken because they are not under­ tions. Where this type of equipment is used rective. I am apprehensive of what this stood and worst of all, safety suffers because in the lower 48 as backup equipment only, decision may portend for the future of of the lack of understanding and the non­ in Alaska, we have no backup equipment: If air transportation in my home State of adherence by the carriers who point to the system fails, luck is the only recourse. West Virginia. ~·another FAA reg." Many rules which are As for navigational a.ids, we are severely fine for the lower 48 states are ridiculous deficient, to the point where many opera.tors This decision by the CAB evolved when applied to Alaska. The FAA must de­ consider it quite a thrill to think that the from authority granted under the Air sign the rules to flt the realities. FAA has purchased a new wind sock for Transportation Regulatory Act of 1978. I've flown with many carriers in Alaska, their home airport. Communications are Congress enacted that piece of legislation some better than others. But in all my flying, sometimes so poor that it is possible a con­ after being told of the many benefits I have yet to come across an operator who troller could observe an impending mid-air airline deregulation would bring tf) air would jeopardize his business knowingly by collision for 30 minutes before either aircraft travelers. not complying with a regulation shown to be could be alerted through existing lines of communication. I was one of those who listened to the in his best interest. Yet, almost all operators siren song. perceive the FAA in a different light than These are just some of the deficiencies op­ we would like them to be perceived. erators must deal with on a day-to-day ba­ We were told that removal of re­ The FAA is seen as having two sides: the sis. The FAA treats its Alaskan personnel straints governing air transportation first, as a proponent of largely unrealistic as second-class citizens, and harps on them would bring about freer competition regulations with no realistic application to to enforce regulations totally foreign to a among the airlines, resulting in more effi­ operations; and second, as an organization realistic appraisal of the Alaskan situation. cient service and possibly reduced which is steadily declining in esteem, due FAA personnel are poorly compensated fares. · to a seeming lack of commitment to Alaska for working with outdated equipment in se­ vere and unknown weather conditions. Oper­ But now, more than a year later, let by the FAA office in Washington. ators recognize that while the FAA accuses us look at the realities of what has oc­ In the first case, the operator is confronted them of violating superfluous regulations curred since deregulation took effect. with an entirely new set of operating guide­ which increase their costs tremendously, the The Nation has lost 9,000 airline seats lines which alter the basic complexion of his FAA itself is grossly negligent in its own operation. In Fairbanks, at the FAA General per week at small-to-medium-sized com­ spending priorities. munity airports. West Virginia has suf­ Aviation District Office, there are six opera­ The FAA tOday sits upon a nest egg (the . tions inspectors and two maintenance in­ $4.5-billion trust fund) whic:h far exceeds fered a loss of 3,000 seats per week and spectors to serve 1,720 aircraft spread over the limits of Congress' intent, and yet fails a 7.5 percent decline in the number of an area of 320,000 square miles, or an area to purchase minimum equipment for its passengers served. roughly the size of Texas and Michigan. three Alaskan radar centers. The result of deregulation in West combined. The FAA could go a long way towards Virginia has been a deterioration in air­ At the same office, there is only one copy improving air safety by looking right in its line service. Today, fewer West Virgina of the new FAR 135 Regs. available, which is own back ya.rd. It could bring the existing lent to whomever finds it interesting. Under markets receive single-plane service radar centers up to standard with new than before deregulation. Fewer flights these conditions, knowledge of, not to men­ equipment. It could alter its treatment of tion compliance with, the regulation is real­ its Alaskan employees to maintain a con­ are operated-!ewer carriers operate-­ istically impossible. sistency in operations and effect an increase but air fares are considerably higher in Furthermore, many of the regulations in morale. It could adopt regulations to rec­ West Virginia than before deregulation. which apply well in the lower 48 do not apply ognize the Alaskan experience so that a In sum, the realities of airline deregu­ in Alaska. A case in point: FAR 135s require­ floa.tplane opera.tor is not required by law lation have been far different from the ments that pilots who operate multi-engine to weigh his passengers before takeoff from rosy picture painted before Con­ aircraft attain an air transport pilot's rating a body of water. And, finally, it could direct gress prior to enactment of the legisla­ is probably fine for B-727 pilots in the lower its efforts a.way from the punitive aspects of 48. In Alaska, where costs for multi-engine its duties, and direct them instead towards tion. I have been disappointed. And now aircraft run close to $300 per hour, and where assisting and explaining safety regulations I have reason to worry about future air the average ATP-rated pilot would not be to the opera.to.rs. fares as a result of the recent decision flying anything close to a 727, these rules do The history Of Ala.ska has been shaped by the CAB. not address the realities. by the airplane, and will continue to be Air fares already have risen substan­ The second view the average Alaskan opera­ shaped by it, if the FAA allows. Ala.ska is tially in West Virginia following deregu­ tor has of the FAA is that FAA seems to be in many ways vastly d11ferent from the rest lation. For me to fly to Charleston, the quick to criticize the operator for violations of the U.S. That is why many prefer to live capital of my home State, it costs $156 of the rules, while all of the economic cues there. And, Alaskans a.re citizens who deserve from Washington seem to indicate the FAA the same dedication to safety from the FAA round trip from Washington, D.C. itself is not concerned with safety in Ala.ska. as the rest of the country. Mr. President, I believe that repre­ I have personally seen the weather reporting The FAA can work with operators to im­ sents more than a 100-percent increase for air travel purposes go from bad to worse prove safety and make Alaska a better place over the fare prior to deregulation. It during the last 20 years. Manned observations to fly, or it can stumble along blindly on would certainly represent anywhere have been replaced with chronically deficient its present course, dragging its feet and the from a 75-percent increase to more than remote systems, leaving flying treacherous, at transportation system of Alaska along a 100-percent increase over the fare best. with it. prior to deregulation. The FAA's own personnel tum over at a FAA must be willing to accept construc­ rate of 30 percent per year in Alaska, directly tive criticism on Alaskan positions. Work­ Unfortunately, that is not an isolated due to a lack of sensitivity on the part of ing in the proper manner, it can help the example. A round trip fare from Clarks­ Washington FAA to the personnel problems carriers add another important word to the burg, an industrialized city in the inherent in any high-cost-of-living area. In state slogan, "North to the future safely." northern part of the State, to the Na­ addition, morale is kept low by the lack of tion's Capital runs $128-a 46-percent adequate equipment and relatively poor increase over the fare prior to deregula­ working conditions. tion. Pilots who a.re a.ware of FAA's operations AIR SERVICE IN SMALL-TO­ are very likely to sympathize with the local MEDIUM-SIZED CITIES And round trip air travel from Hunt­ officials, noting it would be hard to work for ington, one of our largest cities on the an organization which does not seem. to ca.re Mr. ROBERT C. BYRD. Mr. Presi­ western side of the State, to Washing­ a.bout its employees. dent, today, I want to voice my concerns ton, D.C., costs $184-a 61-percent in­ Evidence of this stems from examining the over the future direction of air service crease over the fare prior to deregu­ radar sites in Alaska. The FAA operates only in small-to-medium-sized cities. · lation. three radar installations there: one at An­ I literally raised my eyebrows last The fare from Charleston, the State chorage, one further north at Fairbanks and week when I read of the decision by the ce.pital, to Morgantown, the State's ed­ one still further north at Prudhoe Bay. The Civil Aeronautics Board to grant air­ first two installations have opera.ting ranges ucational center, is up 58 percent fol­ of 150-mile radii; the la.st has a 200-mlle lines broad authority to increase all lowing deregulation. And from Charles­ radius capability. air fares. That same decision by the ton to Pittsburgh-a point where many This, obviously, does not cover the state. CAB gives airlines carte blanche to West Virginia travelers make connec­ All three installations are equipped with raise fares on flights covering less than tions-is up 77 percent following de­ Korean war-vintage broad-band radar sys­ 200 miles. I am more than concerned regulation. tems, with no possible computer a.pplica- over the implications of this latest di- With these figures in mind, it is ob- CXXVI--728-Part 9 11562 CONGRESSIONAL RECORD-SENATE May 16, 1980 vious why I am concerned over the Mr. ROBERT C. BYRD. I thank the The motion to lay on the table was CAB's decision to give airlines full free­ distinguished Senator. agreed to. dom to raise fares. I am aware of the need of the air­ lines to adequately cover their costs and THE CALENDAR JOSEPH M. MONTOYA FEDERAL to make a fair profit. I am also aware Mr. ROBERT c. BYRD. Mr. President, BUILDING AND COURTHOUSE of the need of our West Virginia com­ I ask unanimous consent that the Senate The Senate proceeded to consider the munities to have access to adequate air proceed to the consideration of Calendar bill UNITED STATES SENATE best to stay together and to make their debates on the Senate fioor. Mr. ROBERTC. BYRD. Mr. President, opposition felt. He was also the leader of the Prohibi­ from time to time, I have been taking the The first Senate office building is today tionist movement in Tennessee, a pas­ fioor to discuss the United States Sen­ designated the Richard B. Russell Senate sion which eventually cost him his life. ate-its history, its customs, its tradi­ Office Building, and incidentally when Just two years after his defeat for re­ tions, and its rules. I first came to Washington, served in the election in 1906, while he was leading Most recently, I have spoken of the House of Representatives and later came the crusade to ban the sale of alcoholic offices of majority and minority leaders to the Senate, that building was referred beverages in Tennessee, one of his op­ and the offices of majority and minority to as the Old Senate Office Building. ponents shot him dead on the streets When the late Senator Richard B. Rus­ of Nashville, where he is now memorial­ whips. From time to time, I will allude ized by a statue on the capitol grounds. further to those offices. sell had passed on, I introduced a res­ olution, as a member of the Senate Com­ The post of caucus secretary that se.n­ SECRETARY OF THE DEMOCRATIC CONFERENCE mittee on Rules and Administration, to ator Carmack held was in many respects Today, I continue by speaking about change the name of that building from similar to the post that is held today by the Secretary of the Democratic Con­ the so-called Old Senate Office Building, the very distinguished senior Senator ference, but to explain his duties most from Hawaii, Mr. DANIEL INOUYE. fully, I should first describe the Demo­ old because there were then two Senate cratic conference itself or "caucus," as Office Buildings, and they were dis­ The members of the Democratic Cau­ it was once known. It was known as the tinguished one from the other by one cus, which included all Democrats in the Democratic Caucus until 1925. being called the "old" and one the Senate, elected the Secretary to notify "new." members of caucus meetings, to record Observers from other nations might the minutes of the meetings, to preserve expect to find our party conferences in The resolution was taken up in the Rules Committee and the minority on the minutes of the meetings, to supervise the Senate to be instruments for dictat­ calling the roll to establish a quorum, to ing party voting on the fioor, as is true the committee, while willing to have the old Senate office building named in honor tabulate votes in the caucus, and to pre­ in many parliamentary bodies. But here pare and. send out resolutions of the the party conferences are not and have of Senator Richard B. Russell, wanted the new Senate office building to be caucus such as resolutions in sympathy never been regimented organizations de­ respecting a deceased Member. manding .strict party loyalty. Senators named after a Republican, and the name have always acted as individuals in their of the late Everett McKinley Dirksen was These largely housekeeping tasks were voting and they have resisted any de­ proposed. The committee approved both ~ad_e mor~ pa~atable for the Secretary by liberate imposition of a party line, no names for the old and new Senate office his mclus1on m the caucus' chief com­ matter how much easier that might make buildings, respectively, and the Senate mittees, the Steering Committee and the work of the majority leaders and the quickly gave its approval. later, in the Policy Committee. Whe~ minority leaders. So much for that. The Richard B. Rus­ the Legislative Reorganization Act of 1946 created the party Policy Commit­ Party caucuses, or conferences as they sell Senate Office Building was the first are commonly referred to today, how­ Senate office building that was opened. tees, the Secretary of the Democratic ever, are old institutions. They are as old That was in the year 1909, and the most Ccnference, as I say, was invited to at­ as the political parties themselves. In the magnificent room-Room 318-was set tend Democratic Policy Committee early 19th century, these congressional aside as the party caucus room and that meetings, although he was not a statu­ caucuses chose Presidential candidates. is still what it is today, the caucus room. tory member and not entitled to vote. And indeed it was through these caucuses That is an indication of the significance The post of Secretary was, therefore, that a very shrewd and capable Senator of the caucuses in the early days. most inviting to junior members of the named Martin Van Buren advanced the One of the towering figures in the his­ party who lacked the seniority to other­ candidacy of Andrew Jackson and helped tory of the Democratic caucus was Sen­ wise be included in these decisionmak­ to launch the Democratic Party. It was ator Arthur Gorman, of Maryland, whose ing bodies. Indeed, one common char­ in opposition caucuses that such Senators portrait hangs outside this Chamber. acteristic among many of the confer­ as Henry Clay and Daniel Webster built Gorman was an e1Iective and popular ence secretaries, is that they became the Whig Party, the forerunner of the leader, despite the fact that he served Secretary very early in their senatorial Republican Party. as caucus chairman and fioor leader careers, often shortly after joining the Historically within the Senate, the mostly during an age when the Demo­ Senate. c~ucuses served organizational func­ crats were in the minority in the Senate, Mr. President, some very distinguished tions. They chose candidates for Presi­ and often a very small minority. Much Senators have held the post of Demo­ dent pro tempore, Secretary of the Sen­ of Senator Gorman's infiuence came cratic Conference secretary. ate, Sergeant at Arms, party secretaries from his service on committees within Most famous to us is Senator Hugo and Chaplain, and they also decided th~ the caucus, namely the Steering Commit­ Black of Alabama, who was Secretary distribution of committee assignments tee-which was previously the Commit­ of the Conference from 1927 until 1937 among the party members. tee on Committees-which assigned when he left the Senate to join the Su­ party members to committees. My col­ Caucus members discussed legislative leagues today understand how significant preme Court, and there he became one programs and strategies, especially when in a Senator's career one's assignments of the great defenders of civil liberties the party held a majority. But although to committees can be. and, particularly, First Amendment many attempts were made to bind caucus rights. The cu.ucus chose four omcer~hair­ members to vote according to the de­ man, vice chairman, secretary, and whip. Hugo Black's career on the Supreme termination of a two-thirds majority of As I have earlier mentioned in my talks Court was so distinguished and so well­ ~he caucus, they were never successful on party leadership, the caucus chair­ known that it tends to obscure his out­ m imposing this rule. As one historian man and vice chairman were also the standing record in the United States of the 19th century Senate has written: floor leaders, as was the whip, in the days Senate, to which he was elected in 1926. No caucus or informal committee deter­ before the designation of the majority He left his mark in legislation creat­ mined general political policies, or desig- and minority leaders. ing the Tennessee Valley Authority, the May 16, 1980 CONGRESSIONAL RECORD-SENATE 11565 'Public Utility Holding Company Act, is an office that is important to the Dem­ 2. In the absence of the Vice President, and the Wages and Hours Act. He was ocratic Party in the Senate and to the and pending the election of a President pro especially successful as an investiga­ leadership. tempore, the Secretary of the Senate, or in his absence the Assistant Secretary, shall tor. Senator Black's investigations into The Secretary of the Democratic Con­ perform the duties of the Chair. the merchant marine, aviation sub­ ference not only sits in on the meetings 3. The President pro tempore shall have sidies, arid abusive lobbying practices of the Democratic Policy Committee and the right to name in open Senate, or, if ab­ made him a household name long before the Democratic Steering Committee and sent, in writing, a. Senator to perform the President Roosevelt appointed him to is always present at the Democratic duties of the Cha.tr; but such substitution the Supreme Court in 1937. Party conferences, but he also goes with shall not extend beyond a.n adjournment, A lesser known, certainly a lesser re­ the other Members of the leadership to except by unanimous consent. membered, perhaps, but no less dis­ the White House for leadership meetings 4. In event of a vacancy in the office of tinguished, Senator was Robert L. Owen, the Vice President, or whenever the powers with the President. and duties of the President shall devolve on one of the first Senators from the State The record of the post, and the men the Vice President, the President pro tempore of Oklahoma, who served as Conference who have held it, speaks for itself. shall have the right to name, in writing, a Secretary from 1907 to 1911. He was the Mr. President, in my hand I hold the Sena.tor to perform the duties of the Chair first chairman of the Senate Banking list of names of Senators who, beginning during his a.bsen~e; and the Sena.tor so and Currency Committee, and he was named shall have the right to name in open in 1903 to the present day, have held the session, or in writing, if absent, a Sena.tor cosponsor of the bill that created the omce of the Secretary of the Democratic Federal Reserve Board in 1913. He helped to perform the duties of the Cha.tr, but such Conference. substitution shall not extend beyond ad­ enact the Federal Farm Loan bill in journment, except by unanimous consent. 1916, but he is most remembered in the I note with interest that another West history books as the author of the Keat­ Virginian, Senator William W. Chilton, So, Mr. President, in the very first ing-Owen Act of 1916 outlawing child was Secretary of the Democratic Con­ rule of the Standing Rules of the Sen­ labor. ference during the years 1911 to 1913. ate we see reference to this ancient of­ The list of Democratic Conference Sec­ Mr. President, I ask unanimous con­ fice, the OtHce of the President Pro Tem­ retaries goes on to include Willard Sauls­ sent that the list of Secretaries of the pore--ancient in the annals of the bury of Delaware, who became Presi­ Democratic Conference be printed in the United States Senate. dent Pro Temp ore of the Senate; Brien RECORD. Article 1, section 3, of the Constitution McMahon of Connecticut, who made his There being no objection, the list was declares, mark as the first chairman of the Joint ordered to be printed in the RECORD, as The Senate shall choose their other Officers, Atomic Energy Committee; Thomas C. follows: and also a President pro tempore, in the Hennings of Missouri, who is remem­ SECRETARIES OF THE DEMOCRATIC CONFERENCE absence of the Vice President, or when he bered for his courageous stands against Edward Carmack (Tennessee), 1903 to shall exercise the Office of President of the w. United States. McCarthyism in the 1950's; and, on a 1907. lighter note, Senator Josh Lee of Okla­ Robert L. Owen (Oklahoma), 1907 to 1911. Here, the OtHce of President pro tem­ homa, who enjoyed a successful career on Wllliam W. Chilton (West Virginia), 1911 pore is mentioned in the Constitution the lecture and vaudeville circuit after to 1913. of the United States, the organic docu­ leaving the Senate, and was known Willard Saulsbury (Delaware), 1913 to ment on which the pillars of this Repub­ as a "teller of tall tales," and as author 1917 (Ken Pittman served as acting secre­ lic rest. of "How to Hold an Audience Without tary, 1916 to 1917). What does pro tempore mean? It is a a Rope." It might make good reading William King (Utah), 1917 to 1927. Latin term meaning "for the time being; for some of us who are in today's Senate. Hugo Black (Alabama), 1927 to 1937. temporari!y." The abbreviation is pro In recent years, the post has been held Josh Lee (Oklahoma), 1937 to 1942. tern. by Senator George Smathers of Florida, Francis T. Maloney (Connecticut), 1943 Aside, Mr. President, from the Vice Frank Moss of Utah, and, as I said ear­ to 1945. President's designation as President of lier today, by DANIEL INOUYE of Hawaii. Brien McMahon (Connecticut), 1945 to the Senate, the President pro tempore is From 1967 to 1971 I held that post be­ 1952. the only position in that body, insofar fore becoming the Democratic whip. In­ Thomas C. Hennings (Mis;ouri), 1953 to as the United States Senate is concerned, sofar as I can ascertain from the records, 1960. who is explicitly named in the Con­ I am the only Senator who has ever George Smathers (Florida) , 1960 to 1966. stitution. served in all of the three offices; Secre­ ROBERT c. BYRD (West Virginia), 1967 to The first act of the first Senate, when tary of the Democratic Conference; ma­ 1971. a number of senators sutHcient to con­ jority whip; and majority leader. Frank Moss (Utah), 1971to1976. stitute a quorum finally appeared on In a contest in 1967 among former DANIEL INOUYE (Hawaii)' 1977 to present. April 8, 1789, was to read the credentials Senator Joseph Clark of Pennsylvania, 5-MINUTE RECESS of those present and order them filed. former Senator Fred Harris of Okla­ Mr. ROBERT C. BYRD. Mr. President, The second act was to ballot for a homa, and myself, the Democrats in the I ask unanimous consent that the Sen­ President of the Senate "for the sole Caucus chose me to be Secretary of the ate stand in recess for 5 minutes. purpose of opening and counting the Democratic Conference, and I was re­ There being no objection, the Senate, votes for President of the United States." elected in 1969 unanimously by the Con­ at 11 :54 a.m., recessed until 11 :59 a.m., John Langdon, of New Hampshire, re­ ference. whereupon, the Senate reassembled ceived the honor, and he proceeded to It would be a mistake, as some com­ when called to order by the Presiding perform the task set for him. mentators have done, to dismiss this post Officer (Mr. EXON) . The election of John Adams as Vice as "honorific." During my service as THE UNITED STATES SENATE President, and, therefore, as President Secretary of the Democratic Conference, THE PRESIDENT PRO TEMPORE of the Senate having been authenticated, I worked closely with Mr. Mansfield, who Mr. ROBERT C. BYRD. Mr. President, but Mr. Adams, the Vice President, being was majority leader at that time; and absent, the Senate immediately pro­ it was during those four years when I I wish to discuss now the history of the Office of the Senate President Pro Tem­ ceeded bv ballot to the choice of a Presi­ served as Secretary of the Democratic dent of their body, Pro Tempore. Conference that I was able to learn a pore. great deal about the rules and precedents Rule I of the Standing Rules of the Langdon was once more chosen. Evi­ of the United States Senate. Senate, reads as follows: dently he continued to preside until the The secretaries of the Democratic RULE I Vice President appeared in the Chamber Conference have helped their fellow APPOINTMENT OF A SENATOR TO THE CHAIR on April 21, 1789. Democrats to schedule bills for debate 1. In the absence of the Vice President, the When Adams took the chair, Langdon's and count noses on important issues. It Senate shall choose a President pro tempore. service as Pro Tempore came to an end. 11566 CONGRESSIONAL RECORD-SENATE May 16, 1980 For a period of some 101 years there­ after, he had long and arduously served preventing the election of a President after, the Senate acted upon the theory in the patriot cause in the Continental by refusing to break the tie vote, thus that a President Pro Tempore could be Congress. leaving a vacancy in both the Presidency chosen only in the absence of the Vice Henry Tazewell, when first elected and the Vice Presidency and making the President, and that the tenure of a President pro tempore on February 20, Senate President pro tempore the Presi­ President Pro Tempore expired when 1795, had served in the Senate less than dent of the United States. next the Vice President resumed his 2 months. Moreover, he was a stout Re­ No less a personage than President duties in the Senate. It was, therefore, publican in a Chamber predominantly Adams pronounced the scheme perfectly necessary for the Senate to elect a Presi­ Federalist. But he was dignified and legal. He said, "I know of no more danger dent Pro Tempore each time the Vice genial, and one authority described him of a political convulsion, if a President President failed to appear at the be­ as perhaps the most popular Virginian pro tempore of the Senate, or a Secretary ginning of a daily session. of his day. That was an appellation of of State, or a Speaker of the House Not surprisingly, until that interpre­ no small moment, considering the caliber should be made President by Congress tation was put aside in 1890, the Senate of the rivals for that honor. Such quali­ than if Mr. Jefferson or Mr. Burr is de­ elected Presidents pro tempore on no ties apparently carried great weight in clared such. The President would be as fewer than 163 occasions. The record selecting Presidents pro tempore in that legal in one case as in either of the was set in the 42nd Congress when 10 day. others." such elections were held-all for the Others of the early Presidents pro But the proposal probably did not same man. tempore were recognized leaders of the have a great deal of support. Few Feder­ From 1789 to 1890, Presidents pro Senate's Federalist majority. There were alists had the temerity to publicly es­ tempore usually served no more than men like William Bradford of Rhode Is­ pouse it. Alexander Hamilton strongly a few consecutive days before the Vice land, who, although of Federalist per­ opposed it. It was also publicly doomed President returned to displace them. suasion, had taken a fairly inconspicu­ to failure because many Republicans This, of course, meant that the term of ous part in the work of the Senate. On would prefer Burr to a Federalist Presi­ the President pro tempore was short the other hand, outstanding Federalist dent pro tempore of the Senate. and uncertain, and it gave to the office leaders like Ellsworth and King and The Republicans, for their part, a random character fatal to a position Cabot and Strong were not elected to the threatened armed revolt if such usurpa­ of leadership. A few men, however, did office. tion were attempted. For example, Jef­ enjoy relatively long, continuous ten­ So, the observer who tries to follow ferson was quoted as stating that, "one ures because of the death, extended ill­ the reasoning of these early Senators in and all, the day such an act was passed, ness, or chronic absenteeism of some their choice of Presidents pro tempore the Middle States would arm, and no Vice President, or because of vacancies must confess himself baffled, because men such usurpation should be submitted to." following the death of a President. of such divergent experience, prestige, As it turned out, no such desperate During the period 1789 to 1801, 14 dif­ seniority, and political orientation were measures were needed, since the House ferent Senators occupied the office. named. during a period when the same Federalists relented sufficiently to allow Equally significant was the fact that party never failed to command a Senate Jefferson to be elected President. in choosing a President pro tempore, the majority. On February 28, 1801, Jefferson, in a Senators had no intention of naming The post was not particularly sought very courteous farewell to the body over a field marshal for a legislative cam­ after. Senator Izard of South Carolina which he had presided for 4 years, an­ paign. Many of the men named to the declined the office in 1792. Livermore de­ nounced that he was retiring from the post, although obviously popular with clined the office in 1795. Bingham con­ Senate Chair a few days early for the their colleagues, were not recognized sidered it a "mixed blessing" because it express purpose of giving the Senate the leaders. interfered with his personal business af­ usual opportunity of electing a Presi­ John Langdon of New Hampshire, who fairs. Yet, the office carried enough, dent pro tempore-who would be sec­ was the first person elected to the office, prestige to impel Senator Wingate of ond in the line for the Presidency. as I have said earlier, was a wealthy New Hampshire, in 1792, to vote for his During the years 1811 to 1825, John merchant, an a1fa:ble patriot, and former colleague, John Langdon, "for the honor Gaillard of South Carolina and, to a Governor of the State of New Hampshire. of the State." lesser degree, James Barbour of Virginia He was first elected to the office for the The Senate's casual attitude toward served as Presidents pro tempore for sole purpose of counting the electoral the office is especially surprising in view long, continuous periods due to the death votes for President and Vice President. of the fact that Congress, by an act of in office of two Vice Presidents and the He apparently received this recognition 1792, provided that, in the event of a absenteeism of a third. not because he was looked to for leader­ vacancy in both the presidency and vice Presidents pro tempore held the chair ship but because of his contributions to presidency of the United States, the for some 3% years after Vice President the Revolutionary cause and his gracious President pro tempore of the Senate Tyler became President in April 1841: and sociable manner. He appeared to and, after him, the Speaker of the House, Samuel L. Southard of New Jersey, for good advantage in the presiding officer's would succeed to the Chief Magistracy the remainder of 1841; Willie P. Man­ chair, where he was described by one of the Nation. gum of North Carolina, until the in­ observer as "attentive, prompt, and im­ At the time this act was under con­ auguration of the next Vice President, partial." His services apparently satis­ sideration in the Congress, an effort George M. Dallas, in 1845. fied his colleagues, who reelected him in was made by the House to substitute the Similarly, William R. King of Ala­ 1792 and again in 1793. Secretary of State for the Senate's bama, who had extensive experience in Even more striking than Langdon's President pro tempore, in order to pre­ the chair during the late 1830's and early repeated election was the choice of Rich­ serve the separation of powers between 1840's, held it continuously from mid ard Henry Lee of Virginia in 1792 and the executive and the legislative 1850 through late 1852 after Vice Presi­ Henry Tazewell, also of Virginia, on two branches, but when the Senate refused dent Fillmore succeeded in the Presi­ separate occasions in 1795. Lee had been to accept this substitution, the House dency upon Zachary Taylor's death. an ardent opponent of the Constitution finally receded from its amendment. Senator Benjamin F. Wade of Ohio in the Virginia Ratifying Convention So, until 1886, the Senate's President enjoyed a long term as President pro and, in 1792, was closely identified with pro tempore remained second in line for tempore while Andrew Johnson was the States rights' school, which was so the presidency. President; as did Senator George F. bitterly critical of the fiscal program ap­ In 1801, when the Presidential election Edmunds of Vermont under President proved by the Senate majority. How­ was referred to the House of Repre­ Arthur; and John J. Ingalls of Kansas ever, he was a member of a distinguished sentatives due to the Electoral College after Vice President Hendricks died. Yirginia family and, in June 1776, had deadlock between Jefferson and Burr, For some 80 years, the Senate was not mtroduced a motion that led to the there was some talk of the Federalists, quite clear about several subsidiary ques­ Declaration of Independence. There- who then had a majority in the House, tions concerning the President pro tern- May 16, 1980 CONGRESSIONAL RECORD-SENATE 11567 pore's tenure. These were raised in con­ thus preventing the Republicans, then in tempo re, and their defection prevented a crete form in 1876 and led to a careful majority, from choosing a President pro valid election. study of the subject by the Committee tempore. While neither the Constitution nor the on Privileges and Elections. When both the President pro tempore rules explicitly excludes election of a After extensive debate on the com­ and the Speaker of the House were re­ President pro tempore by a plurality, the mittee's report, the Senate adopted sev­ moved from the line of succession by the invariable practice of the Senate has eral clarifying resolutions. It decided, act of January 19, 1886, the necessity for been to assume that a majority vote is first, that the tenure of a President pro such maneuvers as these was eliminated. required for his election or removal. tempore elected at one session continued The Senate simplified the whole mat­ As George H. Haynes has stated in his without interruption through a recess ter of the President pro tempore's ten­ classical two-volume work on the Senate: and into the next session until the Vice ure when it adopted a resolution orig­ After fifteen ballots, distributed through President appeared. inally introduced by Senator William five days, compromise became necessary to It decided also, that the death of a M. Evarts of New York. As accepted by enable business to go forward. Upon motion of a Republican leader, a Democrat was Vice President did not automatically the Senate on March 12, 1890, the res­ unanimously elected President pro tempore vacate the office of the President pro olution read: for a. single day, and thereafter for the rest tempore if one had been properly chosen. Resolved, That it is competent for the of the session, ending August 26, 1912, Presi­ It decided, finally, that the Senate Senate to elect a President pro tempore, who dents pro tempore were elected for brief, could replace a President pro tempore shall hold the office during the pleasure of designated periods, Senator Bacon, Democrat, at any time it chose to do so. the Senate and until another is elected, and alternating with four Republicans, some of All of these questions were of more shall execute the duties thereof during all whom served for but a single da.y. In the future absences of the Vice President until than mere internal interest, for this was short session which ended that Sixty-second the Senate otherwise order. Congress, this alternating arrangement was the period when the Senate's President continued, Bacon, Democrat, and Gallinger, pro tempore, by the act of March 1, That resolution is still in effect as of Republican, ea.ch serving a. fortnight a.t a. 1792, stood next in line to the Vice Presi­ today. Under its terms, a President pro time. From April 7, 1913, to March, 1933, but dent as successor to the office of the tempore, once elected, holds the post four men held the position. President of the United States. continuously, whether or not the Vice If both the President and Vice Presi­ President is absent; although, of course, Mr. President, an interesting record of dent were to die, or otherwise become he may not preside over the Senate un­ the deliberations that occurred during unable to exercise the powers of the less the Vice President steps down from those days, from Thursday, May ll, 1911, Presidency aJt a time when the Senate the chair. to and including Saturday, August 12, was officially absent from the Capital The tenure of the President pro tem­ 1911, is found in the volume entitled city, and if that body had not chosen a pore ends upon the expiration of the "Elections of Presidents of the Senate President pro tempore to hold the office pro tempore 1789-1911," pages 223-243. term for which he was elected Senator, The book was compiled by Henry H. during the recess, then the Speaker of a precedent dating back at least to 1841. the House, under the law, would "act He may, of course, resign, or the Senate Gilfry, Chief Clerk of the United States as President of the United States.... " may elect another in his stead, at its Senate. Moreover, considering the transporta­ pleasure. I ask unanimous consent that the tion that was available in those days, it events of those pages be printed at this The usual practice of the Senate has point in the RECORD. might take weeks before enough Sena­ been to elect as its President pro tem­ tors could reassemble and -choose a There being no objection, the material pore a candidate of the major party, al­ was ordered to be printed in the RECORD, President pro tempore. most invariably by a straight party vote. Prudence~prudence--dictated, there­ as follows: Most often, that President pro tempore Thursday, May 11, 1911 (Journal, pp. 60-62). fore, that the Senate should elect some­ has continued to serve in the post so one to hold that office during the re­ long as his party remains in the ELECTION OF A PRESID'ENT OF THE Sl!lNATE cesses after sine die adjournments. Be­ majority. PRO TEMPORE cause the Senate at th.at time acted On motion by Mr. Cullom, that the Sen­ upon the theory that it could not choose On a few occasions, the majority party ate proceed to the election of a. President a President pro tempore in the presence has experienced great difficulty in elect­ of the Senate pro tempore. of a Vice President, it quickly became ing its candidate. Late in 1881, for ex­ The motion was agreed to. the custom after 1792 for the Vice Presi­ ample, Democrats in the Senate refused The Senate proceeded to the election of to permit the administering of the oath a. President of the Senate pro tempore, and dent to withdraw from the Chamber Mr. Cullom nominated Mr. Gallinger, a. shortly before the end of a session so of office to several Republicans waiting to be sworn in as Senators. By that re­ Senator from the State of New Hampshire; that Senators might "legally" elect one Mr. Martin of Virginia. nominated Mr. of their own to the position. Such with­ fusal, the Democrats maintained a nar­ Ba.con, a. Senator from the State of Georgia; drawals were matters of courtesy rather row majority of the votes in the Cham­ and than of law, and, while most Vice Presi­ ber, sufficient for them to elect one of Mr. La. Follette nominated Mr. Clapp, a. dents adhered to the custom, a few, in­ their own, Delaware's Thomas F. Bay­ Sena.tor from the State of Minnesota. evitably, did not, usually because of ard, as President pro tempore. Whereupon, critical political circumstances. Even after the missing Republicans The Presiding Officer (Mr. Lodge in the had been sworn into office, the Senate chair) directed the roll to be called, F-0r example, Vice President Gerry re­ When, fused to vacate the Chair in 1813 when stood equally divided between the two The whole number of votes was found to President Madison was seriously ill and major parties. An arrangement was be 73, of which 37 make a majority. Mr. the Administration's enemies controlled thereupon worked out whereby an in­ Gallinger had 32, Mr. Ba.con had 35, Mr. the Senate. dependent Senator, David Davis, of lli­ Clapp had 4, Mr. Bristow had 1, and Mr. Similarly, Vice President Dallas re­ nois, was elected to replace Bayard as Tillman had 1. fused to retire at the end of the special President pro tempore. Those who voted for Mr. Gallinger are, 1845. Republicans nominally held a majority Messrs. Bradley, Brandegee, Briggs, Burn­ seSSJion of ham, Burton, Clark of Wyoming, Crane, Cul­ In March 1881, the casting vote of the of seats in the Senate in 1911, when Wil­ lom, Curtis, Dillingham, du Pont, Gamble, Vice President was necessary to secure liam P. Frye, who was elected in 1896 Guggenheim, Heyburn, Jones, Lippitt, Lodge, for the Republicans the organization of and served as President pro tempore Lorimer, McLean, Nelson, Nixon, Oliver, the Senate. Under those circumstances during eight Congresses, resigned be­ Page, Penrose, Richardson, Root, Smith of their ability to elect a President pro tern~ cause of ill health. This resignation oc­ Michigan, Smoot, Sutherland, Townsend, pore was so uncertain th.at Vice Presi­ curred at a. time when "insurgency" Warren, and Wetmore. dent Arthur, like Gerry in 1813, "sat the which had recently curbed the powers Those who voted for Mr. Bacon are, session out," and Congress adjourned on of the Speaker of the House, had invaded Messrs. Bailey, Bryan, Chamberlain, Chil­ ton, Culberson, Davis, Fletcher, Foster, Gore, May 20 with no one beyond the Vice the Senate. The result was that the bal­ Hitchcock, Johnson of Maine, Johnston of President in the line of succession. ance of power was held by seven so-called Alabama, Kern, Lea, Martin of Virginia., Four years later, Vice President Hen­ "progressives" in the Republican Party Martine of New Jersey, Myers, Newlands, dricks continued to occupy the chair who refused to vote for the regular Re­ O'Gorman, Owen, Paynter, Pomerene, Ray­ until the end of the short session, April 2, publican candidate for President pro ner, Reed, Shively, Simmons, Smith of 11568 CONGRESSIONAL RECORD-SENATE May 16, 1980 Maryland, Smith of South Carolina, Stone, Messrs. Bristow, Gronna, La Follette, and O'Gorman, OWen, Paynter, Pomerene, Ray­ Swanson, Taylor, Terrell, Thornton, Watson, Poindexter. ner, Reed, Shively, Simmons, Smith of Mary­ and Williams. Mr. Bacon voted for Mr. Tillman. land, Smith of South Carolina., Stone, Those who voted tor Mr. Clapp are, Mr. Clapp voted for Mr. Bristow. Swanson, Taylor, Terrell, Thornton, Watson, Messrs. Bristow, Gronna, La Follette, and Mr. Gallinger voted for Mr. Lodge. and Willia.ms. Poindexter. There was consequently no choice. · Those who voted for Mr. Clapp a.re, Mr. Clapp voted tor Mr. Bristow. Before the announcement of the result of Messrs. Bristow, Gronna., La. Follette, and Mr. Bacon voted tor Mr. Tillman. the vote, Poindexter. There was consequently no choice. Mr. Heyburn called the attention of the Mr. Ba.con voted for Mr. Tillman. So, Chair to the fa.ct that there were Senators Mr. Clapp voted.for Mr. Bristow. The Presiding Officer directed the roll to present and not voting, and named Mr. Mr. Ga.lllnger voted for Mr. Lodge. be called. Dixon and Mr. Mccumber, and asked that There was consequently no choice. When, under Rule XII of the Senate they be re­ QUESTIONS OF ORDER The whole number of votes was found to quired to assign their reasons for declining Mr. Stone raised a question of order, viz, be 74, of which 38 make a majority. Mr. Gal­ to vote; that a Senator having received a plurality linger had 32, Mr. Bacon had 35, Mr. Cla.pp Whereupon, The Presiding Officer directed the names vote should be declared elected President of ha.d 4, Mr. Tillman had 1, Mr. Bristow had 1, the Senate pro tempore. and Mr. Lodge had 1. of Mr. Dixon a.nd Mr. Mccumber to be called; The Presiding Officer overruled the ques­ Those who voted tor Mr. Ga.Hinger a.re, and tion of order and decided that under the Mr. Dixon a.nd Mr. Mccumber having de­ Messrs. Bradley, Brandegee, Briggs, Burn­ Constiution of the United States, in the ham, Burton, Clark of Wyoming, Crane, Cul­ clined to vote and having assigned their reasons therefor, absence of any provision to the contrary, all lom, Curtis, Dillingham, du Pont, Gamble, oftlcers of both Houses must be elected by a Guggenheim, Heyburn, Jones, Lippitt, Lodge, The Presiding Officer submitted the ques­ tion to the Senate: Sha.11 the Senators, for majority; and in the practice of the House, Lorimer, McLean, Nelson, Nixon, Oliver, Page, where there have been contests very fre­ Penrose, Richardson, Root, Smith of Michi­ the reasons assigned by them, be excused from voting? quently, a majority vote has been and is gan, Smoot, Sutherland, Townsend, Warren, required. and Wetmore. It was determined in the a.m.rmative. So the Senators were excused from voting. Mr. Stone raised a further question of Those who voted for Mr. Bacon a.re, order, viz, that the hour of 4 o'clock having Messrs. Bailey, Bryan, Chamberlain, Chil­ The question being the election of a Presi- dent of the Senate pro tempore, arrived, it was the duty of the Presiding ton, Culberson, Davis, Fletcher, Foster, Gore, Officer to lay before the Senate the un­ Hitchcock, Johnson of Maine, Johnston of The Presiding Officer directed the roll to be called, finished business. Alabama, Kern, Lea, Martin of Virginia, Mar­ The Presiding Officer overruled the ques­ tine of New Jersey, Myers, Newlands, O'Gor­ When, The whole number of votes was found to tion of order, and decided that the business man, OWen, Paynter, Pomerene, Rayner, before the Senate was privileged and could Reed, Shively, Simmons, Smith of Maryland, be 74, of which 38 make a majority. Mr. Gallinger had 32, Mr. Bacon had 35, Mr. not be interrupted by the unfinished busi­ Smith of South Carolina, Stone, Swanson, ness, or in any other way, except by the Taylor, Terrell, Thornton, Watson, and Wil­ Clapp had 4, Mr. Tillman had 1, Mr. Bris­ tow had 1, and Mr. Lodge had 1. Senate laying aside the business before it lia.ms. or by adjourning or going into executive Those who voted tor Mr. Clapp a.re, Those who voted for Mr. Gallinger are, Messrs. Bradley, Brandegee, Briggs, Burn­ session, and that the present Presiding Offi­ Messrs. Bristow, Gronna, La Follette, and cer occupied his position un<'er a sitspenslon Poindexter. ham, Burton, Clark of Wyoming, Crane, Cul­ lom, Cul"tis, Dillingham, du Pont, Gamble, of Rule I by the unanimous consent of the Mr. Ba.con voted for Mr. Tillman. Senate, therefore during his occunancv of Mr. Clapp voted for Mr. Bristow. Guggenheim, Heyburn, Jones, Lippitt, Lodge, Lorimer, McLean, Nelson, Nixon, Oliver, Page, the chair no business ls in order except that Mr. Gallinger voted for Mr. Lodge. of choosing a President pro tempore. There was consequently no choice. Penrose, Richardson, Root, Smith of Michi­ The Presiding om.cer (Mr. Lodge in the gan, Smoot, Sutherland, Townsend, Warren, ELECTION OF PRESIDENT OF THE SENATE PRO chair) called the attention of the Senate and Wetmore. TEMPORE to the fact that, having been called to the Those who voted for Mr. Bacon are, The question being the election of a Pres­ chair by the Vice President before the Senate Messrs. Bailey, Brya.n, Chamberlain, Chil­ ident of the Senate pro tempore, had proceeded to the election of a President ton, Culberson, Davis, Fletcher, Foster, Gore, The Presiding Officer directed the roll to ot the Senate pro tempore, he did not under Hitchcock, Johnson of 'Maine, Johnston of be called, clause 2 of Rule I of the Senate have the Alabama., Kern, Lea, Martin of Virginia., Mar­ When, right to occupy the chair at this time. tine of New Jersey, Myers, Newla.nds, O'Gor­ The whole number of votes was found to On motion by Mr. Bailey, and by unani­ man, Owen, Paynter, Pomerene, Rayner, be 74, of which 38 make a majority. Mr. mous consent. Reed, Shively, Simmons; Smith of Maryland, Galllnger had 32. Mr. Bacon had 35, Mr. Ordered, That clause 2 of Rule I of the Smith of South Carolina., Stone, Swanson, Clapp had 4, Mr. T11lman had 1, Mr. Bristow standing rules of the Senate be suspended. Taylor, Terrell, Thornton, Watson, and had 1, and Mr. Lodge had 1. and that the present occupant of the chair Williams. Those who voted for Mr. Gallinger a.re, should preside during the election of a Those who voted for Mr. Clapp are, MesErs. Bradley, Brandegee, Briggs, Burn­ President of the Senate pro tempore. Messrs. Bristow, Gronna, La Follette, and ham, Burton, Clark of Wyoming, Crane, The question being the election of a Presi­ Poindexter. Cullom, Curtis, D1111ngha.m, du Pont, Gam­ dent of the Senate pro tempore, Mr. Ba.con voted for Mr. Tillman. ble, Guggenheim, Heyburn, Jones, Lippitt, The Presiding Officer directed the roll to Mr. Clapp voted for Mr. Bristow. Lodge, Lorimer, Mccumber, McLean, Nelson, be called, Mr. Gallinger voted for Mr. Lodge. Nixon, Oliver, Page, Penrose, Root, Smith of When, There was consequently no choice. Michigan, Smoot, Sutherland, Townsend, The whole number of votes was found to The question being the election of a Presi­ Warren, and Wetmore. be 74, of which 38 make a majority. Mr. dent of the Senate pro tempore, Th~e who voted for Mr. Bacon are, Gallinger had 32, Mr. Bacon had 36, Mr. The Presiding Officer directed the roll to Messrs. Bailey, Bryan, Chamberlain, Chil­ Clapp had 4, Mr. Tillman had 1, Mr. Bristow be called, ton, Culberson, Davis, Fletcher, Foster, Gore, had 1, and Mr. Lodge had 1. When, Hitchcock, Johnson of Maine, Johnston of Those who voted tor Mr. Ga.lllnger are, The whole number of votes was found to Alabama, Kern, Lea, Martin of Virginia., Messrs. Bradley, Brandegee, Briggs, Burn­ be 74, of which 38 make a majority. Mr. Martine of New Jersey, Myers, Newla.nds, ham, Burton, Clark of Wyoming, Crane, Cul­ Gallinger had 32, Mr. Ba.con had 35, Mr. O'Gorman, Owen, Paynter, Pomerene, Ray­ lom, Curtis, Dillingham, du Pont, Gamble, Clapp had 4, Mr. T11lman had 1, Mr. Bris­ ner, Reed, Shively, Simmons, Smith of Mary­ Guggenheim, Heyburn, Jones, Lippitt, Lodge, tow had 1, and Mr. Lodge had 1. land, Smith of South Carolina, Stone, Swan­ Lorimer, McLean, Nelson, Nixon, Oliver, Page, Those who voted for Mr. Gallinger are, son, Taylor, Terrell, Thornton, Watson, and Penrose, Richardson, Root, Smith of Michi­ Messrs. Bradley, Bra.ndegee, Briggs, Burn­ Wllliams. gan, Smoot, Sutherland, Townsend, warren, ham, Burton, Clark of Wyoming, Crane, Cul­ Those who voted for Mr. Clapp are, and Wetmore. lom, Curtis, Dillingham, du Pont, Gamble, Messrs. Bristow, Gronna, La Follette, and Those who voted tor Mr. Bacon are, Guggenheim, Heyburn, Jones, Lippitt, Lodge, Poindexter. · Messrs. Bailey, Bryan, Chamberlain, Chil­ Lorimer, Mccumber, McLean, Nelson, Nixon, Mr. Ba.con voted for Mr. Tlllman: ton, Culberson, Davia, Fletcher, Foster, Gore, Oliver, Page, Penrose, Root, Smith of Michi­ Mr. Clapp voted for Mr. Bristow. Hitchcock, Johnson of Maine, Johnston of gan, Smoot, Sutherland, Townsend, Warren, Mr. Gallinger voted for Mr. Lodge. Alabama, Kem, Lea, Martin of Virginia, Mar­ and Wetmore. · There was consequently no choice. tine ot New Jersey, Myers, Newlands, O'Gor­ So, man, OWen, Paynter, Pomerene, Rayner, Those who vo<;ed for Mr. Bacon are, The Presiding Officer directed the roll to be Reed, Shively, Simmons, Smith of Mary­ Messrs. Bally, Bryan, Chamberlain, Chil­ called, land, Smith of South Carolina, -.Stone, Swan­ ton, Culberson, Davis, Fletcher, Foster, Gore, When, son, Taylor, Terrell, Thornton, Watson, and Hitchcock, Johnson of Maine, Johnston of The whole number of votes was found to Williams. Alabama, Kern, Lea, Martin of Virginia, be 72, of which 37 make a majority. Mr. Those who voted for Mr. Clapp are, Mar.tine of New Jersey, Myers, Newlands, Gallinger had 31, Mr. Bacon had 34, Mr. .

May 16, 1980 CONGRESSIONAL RECORD-SENATE 11569 Clapp had 4, Mr. Tillman had 1, Mr. Bristow Senator, and I do not acknowledge the right mediately concerned has had a say, I think had l, and Mr. Lodge had 1. of the Senate to decide that sort o! a ques­ the Chair ought to read that rule after that Those who voted for Mr. Gallinger are, tion for me. Senator has finished. Messrs. Brandegee, Briggs, Burnham, Bur­ The PRESmING OFFICER. The Chair will The PRESmING OFFICER. The Chair merely ton, Clark of Wyoming, Crane, Cullom, Cur­ state that under the rule this question must sought to do what he deemed it his duty tis, Dillingham, du Pont, Gamble, Guggen­ be decided after the conclusion of the roll to do-to call the attention of the Senate to heim, Heyburn, Jones, Lippitt, Lodge, Lori­ call. Debate is now out of order. the stringency of the rule. mer, Mccumber, McLean, Nelson, Nixon, Mr. RooT. Mr. President, I ask leave to Mr. BAILEY. The Chair is well within his Oliver, Page, Penrose, Root, Smith of Michi­ say one word with reference to the observa­ right and his duty, but I think the rule gan, Smoot, Sutherland, Townsend, Warren, tions of the Senator from Texas. ought to be read after the Senator from Ida­ and Wetmore. The PRESIDING OFFICER. If there is no ob­ ho [Mr. Borah), whose right to be excused Those who voted for Mr. Bacon are, jection, the Senator from New York will pro­ from voting is challenged, has been heard. Messrs. Bailey, Bryan, Chamberlain, Chil­ ceed. Mr. Borah and Mr. Heyburn addressed the ton, Culberson, Davis, Fletcher, Foster, Gore, Mr. RooT. Mr. President, I shall be quite Chair. Hitchcock, Johnson of Maine, Johnston of content if the Senate determines to excuse The PREsmING OFFICER. The junior Sen­ Alabama, Kern, Lea, Martin of Virginia, Mar­ the Senator from Idaho. I do not wish to ator from Idaho. tine of New Jersey, Myers, Newlands, O'Gor­ permit the pairing of two Republican Sen­ Mr. BORAH. Mr. President, I only want to man, Owen, Paynter, Pomerene, Rayner, ators-- say a word. This is the first time since I have Reed, Shively, Simmons, Smith of Maryland, Mr. BAn.EY. Oh, but they are different been in the Senate that I have ever con­ Smith of South Carolina, Stone, Swanson, kinds. [Laughter.) sented to pair at all, because I am not very Terrell, Thornton, Watson, and Williams. Mr. RooT. I do not wish the pairing of two much in favor of the practice or the prin­ Those who voted for Mr. Clapp are, Republican Senators, which has the effect of ciple. However, there were circumstances Messrs. Bristow, Gronna, La Follette, and withdrawing two votes in opposition to the connected with this matter which I thought Poindexter. Democratic candidate to go sub silentio; and justified me in making this pair, and I re­ Mr. Bacon voted for Mr. Tillman. I make this objection in order that it shall gard it as purely a matter of conscience be­ Mr. Clapp voted for Mr. Bristow. be understood that the effect of this pro­ tween the Senator from California [Mr. Mr. Gallinger voted for Mr. Lodge. ceeding is to destroy two Republican votes Works] and myself. I think the Senator from There was consequently no choice. and defeat the candidate of the Republican New York [Mr. Root] drifted aside from the See also proceedings in the Congressional caucus and, if effective, to elect a Demo­ question when he suggested that it was Record, pages 1184-1189. cratic President pro tempore of the Senate. the result of an understanding or an effort Mr. Roar. I object to the Sena.tor from Mr. LA FOLLETTE. Mr. President- by this process to do indirectly what we Idaho being excused from voting and ask The PRESmING OFFICER. The Chair mu·st would not do directly-that is, to elect a that the rule of the Senate, Rule XII, be reiterate that this debate is proceeding by member of the Democratic Party as Presi­ enforced. unanimous consent. If there is no objection, dent pro tempore of the Senate. Mr. BAILEY. Mr. President, I suggest that the Chair will recognize the Senator from I cast my vote in accordance with what this is not a case within the rule of excusing Wisconsin. I believe to be the best interests of the orga­ a Senator from voting, but the vote is with­ Mr. LA FOLLETTE. Mr. President, if the nization of which I am an humble member, held in pursuance of a pair, a practice long Senate shall determine to make the prece­ and I am not seeking in any way by this proc­ sanctioned by the Senate; and in such a case dent which the Senator from New York ess to relieve myself of direct action. I am a Senator does not need to be excused from [Mr. Root) seeks to raise here, it may take perfectly content in all matters which relate voting. notice now that such a precedent will return merely to the organization of my party to The PREsmING OFFICER. The Chair thinks many times to plague it hereafter. abide by the majority vote in caucus. If I that as a pair is a reason for not voting un­ I do not recognize, sir, the right of any am inside of the caucus I feel that I am der the rule, excusing a Senator from voting Senator here, directly or indirectly, to make competent to determine what I ought to do should be submitted to the Senate after the against me the criticism that I am voting without the advice, aid, or suggestion of any­ roll call and before the result is announced. against my party because that vote is against one else. The caucus having acted upon this Mr. BAILEY. That makes it about as broad the action of members of this Senate re­ matter, I was perfectly content to cast my as it is long. If a pair is a sufficient reason garding the public business in a secret meet­ vote for the caucus nominee, and my action for not voting, the announcement of the ing held in some place outside this Chamber. was not taken with the design of embarass­ pair, of course, is a statement of the reason, I deny the right of any secret caucus held ing the party nor giving an advantage to the only difference being that the reason outside of the Senate Chamber behind closed the opposition party, but to accommodate a must be approved by the Senate. By the long, doors, with no reporters present, to dispose senator who had to be absent and who could uniform, and unbroken practice of the Sen­ of the public business or anything which not avoid being absent. For that reason I con­ ate, a Senator is permitted to pair. And sup­ may exercise an important or controlling sented to vote, as I have, by pair. It was pose a Senator were absent, either sick or influence upon the public business. purely to accommodate an absent Senator. I upon the public business, and his pair sat I regard the election of a President pro do not do business here or elsewhere by in­ here, obliged by every fair sense of obliga­ tempore of this great body as of great im­ direction. tion to respect that pair, does the Senate portance in the conduct of its business. It Mr. SMOOT. Mr. President­ think it would have the power to compel him is of tremendous importance at times, Mr. Mr. CULLOM. Regular order! to break it? President, in determining what measures The PREsmmG OFFICER. The Senator from Mr. President, the Senate could enter that shall pass this body. I do not propose to be Utah. kind of an order against me and I would defy read out of the Republican Party because I Mr. SMOOT. Mr. President, if there is no it to the point of expulsion. If I had given cannot conscientiously support some man objection. I should like to say just a word a Senator my word that I would prote~t him whom a number of my party associates have so that there wm be no misunderstanding in in his absence, the Senate could not compel agreed upon in a secret meeting as their relation to the statement in regard to the me to either break it or withdraw it. choice for President pro tempore of the secret meeting. I think it ought to be under­ I think the Senate will hesitate long before Senate. stood that a Republican caucus was regu­ it will assert its right to settle a question of The PREsmING OFFICER. The Secretary will larly called and there was not a member of that kind for one of its Members. I think the call the roll. the Republican Party but received notice to rule was intended where wholly apart from a Mr. BORAH. Mr. President- attend that caucus. That could only be called pair a Senator asks to be excused. The Sen­ The PRESIDING OFFICER. It is the duty of a secret meeting in the same way that the ator from New Hampshire [Mr. Gallinger) on the Chair to call the attention of the Sena­ caucus of the Democratic Party or of any the first roll call this afternoon asked to be tor to the stringency of the rule. The Chair other party holding a meeting for the deter­ excused upon the ground that he had an has relaxed it. mination of questions of this sort. interest in the matter. My own opinion is that "RULE XIl. The PRESmING OFFICER. The Secretary will it is not such an interest as would have dis­ "1. When the yeas and nays are .ordered, resume the calling of the roll. qualified him. I think the Senator from New the names of Senators shall be called aloha­ The. Secretary resumed the calling of the Hampshire and my friend from Georgia are betically; and ea.ch Senator shall, without roll. a little oversensitive about this matter. If I debate, declare his assent or dissent to the Mr. DIXON (when his name was called). I had been in the position of either, I would question. unless excused bv the Senate; and again announce my pair with the senior have voted for myself as the nominee of my no Senator shall be permitted to vote after party. I have done it, and I believe that every Senator from Iowa rMr. Cummins]. the decision shall have been announced by Mr. HF.YBURN. I object to the excuse of the time a vote is taken a man ought to support the Presiding Officer, but may for sufficient his party's nominee. Senator on that ground. reasons, with unanimous consent, change or The PRESmING OFFICER. The auestion will But I waive that. I state it only as one of withdraw his vote. No motion to susn1>nd be decided after the roll call shall have been the questions which the Senate might de­ this rule shall be in ol'der. nor shall the Pre­ concluded. cide, as to whether it was a good excuse, be­ sidinq; Officer entertain a.nv request to sus­ Mr. HEYBURN. I think, Mr. President, the cause that rests in the judgment of a Sen­ pend it by unanimous consent." rule providec that when an objection ts made ator. But whether or not a Senator shall keep Mr. BAILEY. Mr. President, in view of the the question shall be decided at the time by his pair rests with the conscience of the fact that everybody except the Senator im- a vote without debate. I refer to Rule XII. 11570 CONGRESSIONAL RECORD-SENATE .~ay 16, 1980 The PRESIDING OFFICER. The Senator from The purpose of a pair is not wholly to for no majority can determine for an hon­ Montana [Mr. Dixon] has declined to vote on serve the convenience of Senators. It is orable man whether he will keep his word. the call of his name and has assigned his broader and more important than that. It Mr. HEYBURN. Mr. President, I do not know reason, which ls a pair. The question before was to preserve that relation between the whether .the Senate has finished the con­ the Senate is, Shall the Senator for the parties which the people had established by sideration of the point of order. reason assigned by him be excused from their elections; it was to provide against a The PRESIDING OFFICER. The Senator from voting? Those in favor of the motion-- contingency where a larger number of the Texas, as the Chair understands, has raised Mr. CULRERSON. Mr. President, I call atten­ majority party happen to be sick or ab­ a point of order. tion to para.graph 2 of Rule XII: "which sent, whether engaged upon their personal Mr. HEYBURN. I was on the floor, and had shall be decided without debate; and these affairs or public business-under such cir­ been recognized when he raised the point of proceedings shall be had after the roll call cumstances they still might seek and ob­ order. and before the result is announced." tain pairs with the minority and thus pre­ The PRESIDING OFFICER. Certainly. The Sen­ The PRESIDING OFFICER. That was the im­ serve the right of the majority to control ator from Texas raised a. point of order, which pression of the Chair. The Chair thinks the the proceedings of the Senate. amounts to saying that an objection can Senator from Texas [Mr. Culberson) is right. Mr. HEYBURN. Mr. President, I interpose not be made to a Senator withholding his The Sena.tor from Idaho [Mr. Heyburn] sug­ a question of order. I believe under the vote when he is paired, and that the pro­ gested that this question should be decided rule that no option is given with reference ceedings under paragraph 2 of Rule XII oo.n now, but the Chair thinks the Sena.tor from to debate, and the rule says that we must not take place. Texas ls correct, and that the question must first vote upon this, and that other proceed­ Mr. BAILEY. They a.re not applicable. be decided after the conclusion of the roll ings may follow the vote. The PRESIDING OFFICER. And that they are ca.II. The Secretary will resume the calling of Mr. BAILEY. I understand that, and I not applicable-the Chair will rule on that the roll. think, Mr. President, on the question itself, point at the proper time, but is ready to The Secretary resumed the calling of the as to the sufficiency of the reason, debate hear diooussion, of course. roll. would be precluded; but I am not raising the Mr. McCuMBER. Mr. President, I desire to Mr. KENYON (when his name was called). question as to the sufficiency of the reason, make a parliamentary inquiry, which is I make the same announcement I have previ­ I am raising the question that, under the whether at this time any Sena.tor can give ously made as to my pair with the senior practice of the Senate, the sufficiency of any additional reason for withholding his Sena.tor from Oregon [Mr. Bourne). the reason is not a matter for the Senate's vote other than the statement of the pair Mr. McCuMBER (when his name was determination, and I submit that point. If before ·the question is passed upon. It seems called) . I restate my previous announce­ it were that a Senator would say, "I am inter­ to me that he can, and I wish to say a word ment as to my pair, and withhold my vote. ested" or "I am not qualified," or should upon that point. Mr. HEYBURN. I object in that case to the assign any other reason for not voting, which Mr. HEYBURN. Mr. President, I yield the withholding of the vote of the Sena.tor. the Senate could determine for itself, then floor. Mr. PERKINS (when his name was called). the rule would apply; but my contention is The PRESIDING OFFICER. In the opinion of I a.gain announce my general pair with the that the pair having been recognized im­ the Chair a Senator can state his reasons junior Senator from North Carolina [Mr. memorially in the Senate, until it has be­ in any way he pleases. Overman). If he were present, he would come a pa.rt of the Senate's procedure, is Mr. MoCuMBER. The object of the pair ls vote for the Senator from Georgia [Mr. a matter for each Senator's own conscience ito balance the strength of the political par­ Ba.con), and if I were at llberty to vote I and not for the Senate to determine. ties upon anything that ls made a political should vote for the Senator from New Let me make this one suggestion, and question; and even though it were in the Hampshire [Mr. Gallinger). then I will yield the floor. Suppose a Senator, power of the Senate to compel a Senator to The roll call was concluded. despite his pair, should lvote and announce vote upon the question, any Senator who Mr. HEYBURN. Now, Mr. President, before to the Senate and to the world that he voted has a pair with a Senator on the opposite the vote is announced, the question is-- because he found that his single vote would side on a question of this kind would be The PRESIDING OFFICER. The Chair was be decisive of the question, will any Sena­ compelled, in order to maintain the balance about to put that question. Objection hav­ tor contend that we would have the power between the parties, to vote, not for his ing been made to two Senators withholding to reject that vote? No, sir. The rules of choice, but to vote for someone else; and if their votes-the Senator from Montana [Mr. the Senate leave it to each Senator, and if my pair, who would vote for the Senator Dixon) and the Senator from North Dakota it be left to the Senator in one instance, from Georgia [Mr. Ba.con), were not present, [Mr. McCumber)-under the rule of the Sen­ when he seeks to violate his faith to a fel­ and could not vote for him, and I should be ate ea.ch of those Senators is entitled to as­ low Senator, it must be left to him in the compelled to vote, I would not vote for the sign his reasons for declining to vote, and, other instance to keep that fa.1th. The very choice of my own caucus nominee. But in having assigned them, it becomes the duty of reason that our rules are silent with ref­ order to maintain that balance I should vote the Chair to put the question to the Senate erence to pairs is that it was expected and for some other Republican. So nothing would which shall be decided without debate. ' intended to leave that question to Senators be gained by it; and I would give that as Mr. BAILEY. Mr. President, I submit as a to decide for themselves. another reason for maintaining my pair. point of order, that the question of pairs is Mr. HEYBURN. Mr. President, I understand Mr. CULLOM. I move that when the Senate not within either the spirit or the letter of that I had the recognition of the Chair, and adjourns to-day it be to meet on Monday that rule, and that the rule does not apply I desire-- next. to the case where a Senator announces his The PRESIDING OFFICER. The Senator from Mr. BACON. We can not hear, Mr. Presi­ pair. Texas [Mr. Bailey) rose to a point of order. dent. The PRESIDING OFFICER. The Chair ls Of Mr. HEYBURN. Well, I had risen to a Mr. CULLOM. Mr. President-- opinion that pairs are not recognized by the point of order. Mr. CULBERSON. I rise to a question of rules anywhere, and that they are only a The PRESIDING OFFICER. The Chair under­ order. reason for not voting. stood that the Senator's proposition was The PRESIDING OFFICER. So much has in­ Mr. BAILEY. But, Mr. President, while not to proceed under the rule, and the Senator tervened that the Chair gverlooked the fact recognized by the rules, they are recognized from Texas has raised a point of order. that the result of the roll call had not been by the uniform practice of the Senate and Mr. HEYBURN. I do not desire to interfere announced, and nothing is in order except become as much a. pa.rt of the rules as if they with the Senator holding the floor-- the determination of the objection raised were expressly written in them. Mr. BAILEY. Mr. President, the Senator against two Senators who declined to vote. Now, Mr. President, I want to make just from Nebraska [Mr. Hitchcock] has called The Senator from North Dakota. [Mr. Mc­ this suggestion: If it is within the power of my attention to an instance where it was cumber) has stated his reasons. The Sena.­ the majority present in the Chamber to com­ expressly decided on June 20, 186~nd, of tor from Montana [Mr. Dixon) has stated pel a Senator to vote notwithstanding his course, the rules no more recognized the his. On the point of order raised by the Sena­ pair, then, if you succeed in electing a Presi­ pair then than they do now-that a Sena­ tor from Texas [Mr. Bailey) the Chair is un­ dent pro tempore-which looks very doubt­ tor may refuse t-0 answer to his name when able, although he agrees entirely with the ful now, as we are enjoying the novel and called to vote when he is paired with an­ Sena.tor from Texas as to the usage and as delightful sensation of seeing a Democratic other Senator. There is also another decision to the character of a. pair, to see that under candidate run ahead in the Senate-but if on tha.t same question, and, as I understand, the rule a pair has any existence except as you should succeed in electing a President to the same effect. a reason for not voting, and therefore the pro tempore, when we found you down at I should dislike more than I can express Chair puts the question: Shall the Senator lunch the day after to-morrow, we could to see the Senate of the United States as­ from Montana, for the reasons assigned by depose him and elect one of our own. We sume the power to determine for one of him, be excused from voting? [Putting the could pass the word about the Senate Cham­ its Members whether he would keep his question.] The ayes have it, and the Senator ber on the Democratic side for them all to promise to a brother and absent Senator. I from Montana is excused from voting. remain here, and we could then release all of would not heedlessly defy the Senate, but The Chair will put the same question as our Senators who announced their pairs and I say, without one moment's hesitation, that to the Senator from North Dakota, if it is compel them to vote, and, having a ma1ority, should the Senate order me to vote contrary desired. Shall the Senator from North Dakota we could refuse to release the Senators on to my pair I would refuse to obey its order, be excused from voting for the reasons as­ the other side. even if my refusal provoked my expulsion, signed? [Putting the question.) The ayes May 16, 1980 CONGRESSIONAL RECORD-SENATE 11571 have it, and the Senator from North Dakota purpose-of determining what that policy junior Senator from Delaware [Mr. Richard­ is excused. shall be. A casual meeting, a poll of men, son] and vote for Mr. Gallinger. The Secretary will announce­ would not bind him, but if he is not bound Mr. PERKINS (when his name was called). Mr. HEYBURN. Mr. President-- by that caucus, he is not a member of the I again announce my pair with the junior The PRESIDING OFFICER. The Secretary will party that holds it. We may just as well be Senator from North Carolina [Mr. Overman). announce the result. a little bid candid about this question. I If he were present, he would vote for Senator Mr. HEYBURN. Well, Mr. President-- raised it because, if we are going to transact Bacon and I would vote for Senator Gallin­ The PRESIDING OFFICER. The rule says "any public business, we must have the action of ger. further proceedings in reference thereto every Senator who is present; and it does not Mr. SMITH of South Carolina. (when his shall be after such announcement." involve the question suggested by the Sena­ name was called) . I transfer my pair with The PRESIDING OFFICER. Seventy-four Sena­ tor from Texas as to the honor, because the the junior Senat or from Dela.ware [Mr. Rich­ tors have voted; necessary to a choice, 38. yielding of the pair is qualified, when the ardson J to the senior Senator from Missis­ The Senator from Georgia [Mr. Bacon] has pair is agreed upon, by those two provisions, sippi [Mr. Percy) and vote. I vote for Mr. 35; the Senator from New Hampshire [Mr. one of them frequently exercised, the other Bacon. Gallinger], 32; the Senator from Minnesota less frequently. Conditions such as exist here The roll call was concluded. [Mr. Clapp], 4; the Senator from Massachu­ to-day do net in the providence of God often Mr. JOHNSTON of Alabama. I wish to state setts [Mr. Lodge], 1; the Senator from South exist. that my colleague [Mr. Bankhead) on .all Carolina [Mr. Tillman], 1; and the Senator Mr. President, I say that much in support these votes for President pro tempore stands from Kansas [Mr. Bristow]. 1. of my action in challenging these pairs. Hav­ paired with the senior Senator from Maine Mr. HEYBURN. Mr. President, under no cir­ ing had a previous experience here as to the [Mr. Frye). cumstances would I assert or support any quality, character, and efficiency of a pair, The PRESIDING OFFICER. Seventy-four Sen­ position that contemplated any Member of I felt that this was a proper occasion to illus­ ators have voted; necessary to a choice, 38. this House or any man violating a contract trate the fact that pairs are not always re­ The Senator from Georgia [Mr. Bacon) has within the terms of the contract that he had garded as a matter of right or of sacred char­ received 35 votes; the Senator from New made. This is not the first time during my acter. Hampshire [Mr. Gallinger] has received 32 service here that this question has been be­ Mr. CULLOM. I move th91t when the Senate votes; the Senator from Minnesota. [Mr. fore the Senate. At one time there was a adjourns today it be to meet on Monday Clapp] has received 4 votes; the Senator very deep feeling-how deep I can not say next. from Massachusetts [Mr. Lodge], 1; the Sen­ at this time-because of certain remarks Mr. DAVIS. Mr. President-- ator from South Carolina [Mr. Tillman], 1; that I made in the Senate. About that time Mr. GALLINGER. The motion is not debat­ and the Senator from Kansas [Mr. Bristow] , a question was coming on for a vote. The able. 1. usual procedure was taken. The Assistant The PRESIDING OFFICER. The question is on Mr. STONE. A parliamentary inquiry, Mr. Doorkeeper on this side applied to probably agreeing to the motion of the Senator from President. Did I understand the Chair to rule Illinois that when t he Senate adjourns to­ that under the Constitution of the United the Assistant Doorkeeper or whoever has day it adjourn to meet on Monday next. charge of the pairs on the other side, and a States a President pro tempore could not be [Putting the question.] The ayes appear to elected by a plurality vote? pair was refused me because of having made have it. that speech, and then I ob1ected to the pairs, The PRESIDING OFFICER. The Chair is very Mr. CULBERSON. I ask the Chair to call for clearly of opinion that under the Constitu­ and the Senate sustained me. the negative votes. Now, I have been giving rnme attention tion of the United States, in the absence of The PRESIDING OFFICER. The Chair thought any provision to the contrary, all officers of to this rule. Every man who makes a pair he had done so. makes it subject to two conditions-first, both Houses must be elected by a majority; Mr. CULBERSON. Not very distinctly, I and in the practice of the House, where there he makes it subject to the conditions of think. maintaining a quorum in the body. The Chair have been contests very frequently, a major­ The PRESIDING OFFICER (again putting the ity vote has been and is required. may order a pair br-0ken to make a quorum. question). The ayes appear to have it. Again, a Member makes it subject to the will Mr. STONE. I wish to ask another ques­ Mr. CULBERSON. I ask for the yeas and tion, Mr. President. It is whether at thifl of the Senate as to whether or not public nays. business shall be suspended because of all point, the hour of 4 o'clock having arriveci The yeas and nays were ordered; and the it is proper, notwithstanding the pendinr of the Senators or enough of them being Secretary proceeded to call the roll. business, to lay the unfinished business °ti"'· paired to defeat the transaction of public Mr. SMITH of South Carolina (when his buslneEs. Now, those are oondltions that are name was called). Has the junior Senator fore the Senate. just as much a part of a pair as though they from Delaware [Mr. Richardson] voted? The PRESIDING OFFICER. The Chair ls in· had been written upon the face of an instru­ The PRESIDING OFFICER. The Chair is in­ clined to believe that the matter in which ment. formed that he has not voted. the Senate ls engaged is a privileged matter I raised this objection to-day because it Mr. SMITH of South Carolina. Then with and, being engaged in a roll call, it could not is evident that there ls a cabal here that in­ great fear and trepidation I announce that be interrupted even by the unfinished busi­ tends to defeat the performance of a public I have a general pair with him, and withhold ness. duty by the Senate. It has been boasted my vote. I hope it will not precipitate dis­ Mr. CULBERSON. Mr. President, the Consti­ here that there are but two parties in t he cussion. tution of the United States, I beg leave to Senate. Men have stood upon the floor here The roll call was concluded. say in opposition to the announcement of recently and frequently aso:erted that they Mr. PERKINS (after having voted in the the Chair a momemt ago, contains no pro­ belonged to this or that party, regardless affirmative). I desire to withdraw my vote vision with reference to the vote by which of their vote. In all legislative bodies in this because of my pair with the junior Senator a President pro tempore of the Senate may oountry, of whatever political faith, the from North Carolina [Mr. Overman]. be elected. If the Chair would kindly cite me caucus is the meeting of the members of one The result was announced-yeas 35, nays to a provision of the Constitution of the or the other of the parties for the purpose of 42. United States to that effect, I would be glad determining the course of that party upon So Mr. Cullom's motion was rejected. to see it. political questions, and when you talk o! a. Mr. DIXON. I now renew my motion that The PRESIDING OFFICER. The Chair is aware question of honor, there ls the pressure of the Senate do now adjourn. that there is no provision in the Constitu­ honor upon every man who claims to belong The motion was not a.greed to. tion of the United States in so many words to the party which has held the caucus on The PRESIDING OFFICER. The Senate will requiring a majority vote for the election of political questions. His denial of it lessens it proceed to take another ballot for President a President pro tempore, neither is there a not one whit. His staying out of the caucus pro tempore. provision requiring it for a Speaker of the is staying out of the party. Whenever you The Secretary proceeded to call the roll. House. It makes the same provision for the break down these rules you have broken Mr. BORAH (when his name was called). officers of both Houses, and in the opinion down all that may possibly maintain a party I again announce my pair wi·th the junior of the Chair it is the contemplation of the organization. Senator from California [Mr. Works]. If he Constitution that a majority should be re­ were present, I would vote for Senator Gal­ quired for the election of all officers. I did not ob1ect to the pair of either the Mr. CULBERSON. The Constitution of the Senator from North Dakota or the Senator linger and he would vote for Senator Clapp. Mr. DIXON (when his name was called). United States expressly provides that each from Montana for any personal reas-ons. I House of Congress, the Senate and the House divided the honors. One of them was paired I again announce my pair with the senior Senator from Iowa [Mr. Cummins] . If he of Representatives, may make rules for their with a Democrat and one of them with some­ government, but there is nothing :n the Con­ body else. [Laughter.] were present, I would vote for Senator Gallinger. stitution nor in the rules of the Senate that I do not propose to shirk this question. It provides by what vote the President pro tem­ Mr. KENYON (when his name was called). is a delicate one, and far from a pleasant pore shall be elecited. _ question to raise. But if a man ls going to I announce the same pair as on the former ballot. Jefferson's Manual, which, while it is belong to a party and stand with its orga­ argumentative and persuasive, is not a part nization, he must be governed by the rules Mr. MCCUMBER (when his name was of the rules of the Senate, at page 134 of of a majority of that party when they meet called). I transfer my pair with the senior the manual, if the Chair desires to examine for the purpose-the express and avowed Sena.tor from Mississippi [Mr. Percy) to the it, recites that in ithe absence of anything 11572 CONGRESSIONAL RECORD-SENATE May 16, 1980 to the contrary the majority rule shall pre­ dent; but Mr. President, we have gone on The roll call having been concluded, it vail. As there is nothing in the rules of the here, I know, in the transaction of the busi­ resulted as follows: Senate proper or in the Constitution of the ness of the Senate in the absence of the Vice The PRESIDING OFFICER. Seventy-four Sen­ United States which declares by what vote President. Since the resignation of the Sen­ ators have voted; 38 votes are necessary to officers of the Senate shall be elected, either a.tor from Maine was la.id before the Senate a choice. The Senator from Georgia [Mr. a President pro tempore or any other officer I have seen, and you have seen, other Sena­ Bacon) has received 35 votes; the Senator of .the Senate, I give it as my opinion for tors occupying the chair and called to the from New Hampshire [Mr. Gallinger), 32; whatever it may be worth that it is within chair by the Vice President, either personally the Senator from Minnesota [Mr. Clapp), 4; the province of the Senate at this time to or by a written req,uest that he would take the Senator from Massachusetts [Mr. Lodge], determine by whait vote a President pro tem­ the chair. l · the Senator from South Carolina [Mr. pore shall be elected. Now, sir, is it to be said that the entire Tillman), l; the Senator from Kansas [Mr. I merely make t hat statement because I business of this session is to be locked up Bristow]. l; and there has been no choice. did not want the statement of the Chair to and that nothing can be done until a Presi­ Thet Chair desires to call the attention of go unchallenged, at least to the extent of dent pro tempore is chosen? The contest that the Senator from Missouri [Mr. Stone) to my dissent from it. has developed here to-day might run on in­ another point in regard to the unfinished Mr. BAILEY. Mr. President, supplementing definitely for weeks and months. I put it to business. This point has been brought to the what my colleague ha-s said, i agree with the the Chair whether it is not within the prov­ attention of the Chair by the chairman of the Chair that the same rule applies to the elec­ ince of the Vice President, following the Judiciary Committee, the Senator from Wyo­ tion of a President pro tempore of the Sen­ precedent already set and the practice of the Ining iMr. Clark]. The present Presiding Offi·· at e t hat applies to the election of a Speaker Senate already observed, to call a Senator cer is occupying his position by the action of the House; and unless I am mistaken it to the chair as he called the Senator from of the Senate in suspending by unanimous has been expressly decided that the House Massachusetts, who now occupies the chair, consent clause 2 of Rule I . He therefore is may choose a Speaker by a plurality vote. to that position, and that we can go on with occupyl.ng the place which the rules design Without being positive, I venture to say the business of the Senate; hence, that it is for the occupancy at this time of the Secre­ that the youngest man ever elected Speaker the duty of the Chair to lay before the Sen­ tary of the Senate. It is perfectly obvious that of the House, Hon. Howell Cobb, of Georgia, ate the unfinished business, which is the the Secretary of the Senate, if now presiding was elected by a plurality vote. joint resolution amending the Constitution over the proceedings of the Senate, could not Mr. HEYBURN. Mr. President, we have for the direct election of Senators by the carry on the business, for the rule explicitly adopted Jefferson's Manual as a part of the people. says he is to preside only "pending the elec­ rules of this body. It is provided at page 134 I do not believe that that important meas­ tion of a President pro tempore." Therefore, of the Senate Manual: ure or any other important measure ought as the Chair is occupying the position of the "The voice of the majority decides." to be indefinitely delayed by a contest of Secretary of the Senate and is not President If any Senator will turn to that page­ this kind, which may be protracted for pro tempore or holding the place by virtue of Mr. BAILEY. Nobody questions that, in the months and perhaps through the whole Con­ the appointment of the Vice President, it absence of the rule- gress. I ask the Chair to rule whether it is seems to him perfectly clear that during his Mr. HEYBURN. There is no absence. not the province and duty of the Chair to occupancy of the chair no business is in order Mr. BAILEY. The Senate could adopt a rule lay the unfinished business before the Sen­ except that of choosing a President pro at this moment to choose the President pro ate. tempore. tempore by a plurality vote. Mr. HEYBURN. •Mr. President, does not the The Secretary will call the roll. Mr. HEYBURN. But that exception is not in rule that we may take up nothing while a The Secretary proceeded to call the roll. the rule. vote is pending apply until this question is Mr. BORAH (when his name was called). Mr. CULBERSON. I call the ·attention of the laid aside by the Senate? Are we not now, I again announce my pair with the Senator Senate to Jefferson's Manual, at page 134, in legislative contemplation, engaged in vot­ from California [Mr. Works) . from which the Senator from Idaho reads, ing upon this question until we have either Mr. MCCUMBER (when his name was called). but I do not believe the Senate has ever even determined it or it has been laid aside? I adopted that or Jefferson's Manual as a part As previously stated, I am paired with the think that interpretation is borne out by the Senator from Mississippi [Mr. Percy). I trans­ of the rules of the Senate. rule, and that it is not in order to interrupt Mr. HEYBURN. The Senator will admit that fer that pair, as on the previous vote, to the the voting upon this question. We may lay Senator from Delware [Mr. Richardson) and Jefferson's Manual provides specifically, it aside, then we are at liberty to take up without any exceptions or provisos, that the vote. I vote for the Senator from New Hamp­ another matter, but I think until we do lay shire [Mr. Gallinger]. voice of the majority decides. There is no it aside that we must continue with it. I ask proviso in that section; there is no alter­ Mr. PERKINS (when his name was called). that the regular business be proceeded with. I again announce my general pair with the native. The PRESIDING OFFICER. The Chair will say Mr. BAILEY. It simply states a general rule, junior Senator from North Carolina [Mr. that what the Chair understood to be the Overman). which may be modified at the pleasure of the point of order was raised on the question Senate. Mr. SMITH of South Carolina (when his of a majority vote and also on the question name was called) . Under the arrangement Mr. CULBERSON. Unless otherwise provided. of the unfinished business. Mr. HEYBURN. It states a rule which we stated by the Senator from North Dakota The Chair will restate his position on the [Mr. Mccumber]. the junior Senator _from have adopted. We have adopted it, and unless unfinished business. The Chair is inclined some motion is made-- to think that this business now before the Delaware [Mr. Richardson]. with whom I am Mr. BAILEY. How, when, and where did we Senate is privileged, but there can be no paired, stands pa.ired with the senior Senator from Mississippi [Mr. Percy), which leaves adopt the majority rule? I understand the doubt that the Senate is engaged in voting. Chair has held, and I think properly, that me at liberty to vote. I vote for the Senator The Chair does not think that can be inter­ from Georgia [Mr. Bacon). in the absence of any provision to the con­ rupted by the unfinished business or in any trary it requires a majority vote to elect; but other way except by the Senate laying aside Mr. TAYLOR (when his name was called). I have no doubt that it is within our power the business before it or by ad 1ourning or I am paired with the junior Senator from to supersede that requirement and provide going into executive session. The Secretary Kentucky [Mr. Bradley], who was compelled that a President pro tempore may be chosen will call the roll. to leave the Senate on account of illness. by a plurality. The Secretary proceeded to call the roll. The roll call having been concluded, Mr. HEYBURN. Mr. President, the affirmative Mr. BORAH (when his name was called). The PRESIDING OFFICER. Seventy-two Sen­ is the other way. There is no alternative or ators have voted; 37 are necessary for a conditional provision attached to this re­ I make the same announcement that I have heretofore made. choice. The Senator from Georgia [Mr. quirement, and it being a part of the rules BACON] has 34 -votes; the Senator from New of this body we can not amend our rules Mr. MCCUMBER (when his name was called) . I again announce my pair, and Hampshire [Mr. Gallinger) 31; the Senator on the floor, because we have provided tbe from Minnesota (Mr. Clapp) 4; the Senator manner in which the rules may be amended. transfer the same to the junior Senator from Delaware [Mr. Richardson), and vote. I vote from Kansas [Mr. Bristow) l; the Senator Mr. STONE. Mr. President, I make the point from Massachusetts [Mr. Lodge) l; and the for the decision of the Chair that we have for the Senator from New Hampshire [Mr. Gallinger). Senator from South Carolina [Mr. Tillman) 1. been proceeding here for two weeks, it may There is no choice. The Secretary will again be more, with the business of the Senate Mr. PERKINS (when his name was called). call the roll. without a President pro tempore, the Sena.tor I again announce my pair with the senior from Maine [Mr. Frye) having resigned from Senator from North Carolina [Mr. Overman). ADJOURNMENT TO MONDAY (JOURNAL ENTRY, that office. His resignation was la.id before Mr. SMxrH of South Carolina (when his P. 62). the Senate, and it was peremptory. We have name was called) . I again announce my pair On motion by Mr. La Follette, that the been transacting business. with the junior Senator from Delaware [Mr. Senate adjourn to Monday next, My friend from Texas [Mr. Bailey) says Richardson), and the transfer of that pair Mr. Heyburn raised two questions of order, to me, aside, that we elect a President pro to the senior Senator from Mississippi [Mr. viz., first, that presumably the Secretary of tempore, and the necessity for electing one Percy). so I will vote. I vote for the Senator the Senate is in the chair and that he can arises only in the absence of the Vice Prest- from Georgia [Mr. Bacon) . not pass upon or submit a motion; and, sec- May 16, 1980 CONGRESSIONAL RECORD-SENATE 11573 ond, that the two motions can not be consol­ Ordered, That clause 2 of Rule 1 of the the senior Senator from Massachusetts [Mr. idated; that the Senate must first lay aside standing rules of the Senate be suspended Lodge] occupy the chair during the proceed­ the business in which it is engaged-the and that the present occupant of the chair, ings to elect a President pro tempore. question of the election of a President pro preside during the proceedings connected The PRESIDING OFFICER. The Senator from .tempore-before it can do any legislative with the election of a President of the Sen­ Indiana moves that the present occupant of business whatever. ate pro tempore. the chair continue to occupy it during the The Presiding Officer overruled the ques­ Whereupon, proceedings-- tion of order, and decided that it is within The Presiding Officer (Mr. Lodge in the Mr. SHIVELY. If the Chair please, I made the power of the present Presiding Officer to chair) directed the roll to be called; no motion. I asked unanimous consent. put a motion to adjourn, in order to end the When, The PRESIDING OFFICER. The Senator from proceedings, provided an election of Presi­ The whole number of votes was found to Indiana asks unanimous consent that clause dent pro tempore has not been effected, and be 76, of which 39 make a majority. Mr. 2 of Rule I be suspended, and that the pres­ as to the second branch there is no question Gallinger had 33, Mr. Bacon had 33, Mr. ent occupant of the chair continue to oc­ but what the Senate can adjourn to a day Clapp had 7, Mr. Tillman had 1, Mr. Bristow cupy it during the proceedings connected certain, as it is the second privileged mo­ had l, and Mr. Lodge had 1. with the election of a President pro tempore. tion. Those who voted for Mr. Gallinger are, Is there objection? The Chair hears none, The question being on the motion to ad­ Messrs. Borah, Bradley, Brandegee, Briggs, and it is so ordered. journ to Monday next, Burnham, Burton, Clark of Wyoming, Crane, Tuesday, May 16, 1911 (Journal, p. 67). The motion was agreed to; and at 4 o'clock Cullom, Curtis, Dillingham, Dixon, du Pont, ELECTION OF PRESIDENT PRO TEMPORE and 43 minutes p.m., Gamble, Heyburn, Jones, Kenyon, Lippitt, The Senate adjourned. McLean, Nelson, Nixon, Oliver, Page, Pen­ On motion by Mr. CUiberson, rose, Perkins, Richardson, Root, Smith of Ordered, That Senate Report No. 3, Forty­ ADJOURNMENT TO MONDAY (CONGRESSIONAL fourth Congress, being the report of Mr. RECORD, P. 1189). Michigan, Smoot, Sutherland, Townsend, Morton from the Committee on Privileges Warren, and Wetmore. Mr. LA FOLLETTE. Mr. President, I move and Elections under date of January 6, 1876, that the Senate adjourn to meet on Monday Those who voted for Mr. Bacon are, relating to the tenure of office of the Presi­ next at 2 o'clock. Messrs. Bailey, Bankhead, Bryan, Cham­ berlain, Chilton, Culberson, Fletcher, Foster, dent pro tempore of the Senate; also the The PRESIDING OFFICER. The Senator from proceedings of the Senate of March 12, 1890, Wisconsin moves the the Senate adjourn un­ Gore, Hitchcock, Johnson of Maine, John­ ston of Alabama, Kern, Lea, Martine of New on the subject of the resolution reported til Monday next at 2 o'clock. from the Committee on Privileges and Elec­ Mr. HEYBURN. Mr. President, I rise to two Jersey, Myers, Newlands, O'Gorman, Over­ man, Pomerene, Rayner, Reed, Shively, Sim­ tions relating to the election of a President points of order. First, presumably the Secre­ of the Senate pro tempore, be printed as one t ary of the Senate is in the Chair, and he mons, Smith of Maryland, Smith of South document. Carolina, Stone, Swanson, Taylor, Terrell, can not pass· upon or submit a motion. He Thornton, Watson, and Williams. is n ot a legislative officer; second, the two Those who voted for Mr. Clapp are, motions can not be consolidated. There must ELECTION OF A PRESIDENT OF THE SENATE PRO Messrs. Bristow, Crawford, Cuminins, TEMPORE. first be a motion that when we adjourn, it Gronna, La. Follette, Poindexter, and Works. be to the time named, and that must be sep­ Mr. Ba.con voted for Mr. Tillman. On motion by Mr. Cullom, that the Senate arate and distinct from the motion to ad­ Mr. Clapp voted for Mr. Bristow. proceed to the election of a President ~f journ. I think we must first lay aside the Mr. Gallinger voted for Mr. Lodge. the Senate pro tempore, business in which the Senate is now engaged, There was consequently no choice. The motion was agreed to; the question of the election of a President Whereupon, Whereupon, pro tempore, before we can do any legislative The Presiding Officer directed the roll The Presiding Officer assumed the chair business whatever. to be called; and directed the roll to be called; The PRESIDING OFFICER. The Chair is When, When, obliged to overrule both points of order. The The whole number of votes was found to The whole number of votes was found Chair thinks it is perfectly clear that if the be 76, of which 39 make a majority. Mr. Gal­ Secretary of the Senate were holding the to be 68, of which 35 make a. majority. Mr. linger had 33, Mr. Bacon had 33, Mr. Clapp Gallinger had 29, Mr. Bacon had 30, Mr. place which the present Presiding Officer now had 7, Mr. Tillman had l, Mr. Bristow had 1, holds, it would be within his power to put Clapp had 7, Mr. Tillman had 1, and Mr. and Mr. Lodge had 1. Lodge had 1. a motion to adjourn, otherwise it would Those who voted for Mr. Gallinger are, never be possible to bring the proceedings to Messrs. Borah, Bradley, Brandegee, Briggs, Those who voted for Mr. Gallinger are, an end. He must be able to put some motion Burnham, Burton, Clark of Wyoming, Crane, Messrs. Bradley, Brandegee, Briggs, Burn­ in order to end the proceedings, provided an Cullom, Curtis, Dillingham, Dixon, du Pont, ham, Burton, Clark of Wyoming, Crane, election of President pro tempore has not Gamble, Heyburn, Jones, Kenyon, Lippitt, Cullom, Curtis, Dlllingham, du Pont, Gam­ been effected. McLean, Nelson, Nixon, Oliver, Page, Pen­ ble, Heyburn, Jones, Kenyon, Lippitt, Mc­ As to the second point, there is no sort of rose, Perkins, Richardson, Root, Smith of Lean, Nelson, Oliver, Page, Penrose, Perkins, question-in fact, it is the second privileged Michigan, Smoot, Sutherland, Townsend, Root, Smith of Michigan, Smoot, Suther­ motion-that the Senate can adjourn to a Warren, and Wetmore. land, Townsend, Warren, and Wetmore. day certain. Those who voted for Mr. Bacon are, Those who voted for Mr. Bacon are, Mr. HEYBURN. Mr. President, if I may be Messrs. Bailey, Bankhead, Bryan, Cham­ Messrs. Bailey, Bankhead, Bryan, Cham­ pardoned for being a little insistent, I think berlain, Chilton, Culberson, Fletcher, Foster, berlain, Culberson, Fletcher, Foster, Gore, that the orderly proceeding would be, :first, Gore, Hitchcock, Johnson of Maine, John­ Hitchcock, Johnston of Alabama, Kern, Lea. that a motion should be acted upon laying ston of Alabama, Kern, Lea, Martine of New Martine of New Jersey, Myers, Newlands, aside the special order, the proceedim?S un­ Jersey, Myers, Newlands, O'Gorma.n, Over­ O'Gorman, Overman, Rayner, Reed, Shively, der which are only conducted with some one man, Pomerene, Rayner, Reed, Shively, Sim­ Simmons, Smith of Maryland, Smith of South else than a Member of this body in the mons, Smith of Maryland, Smith of South Carolina, Stone, Swanson, Taylor, Terrell, Carolina., Stone, Swanson, Taylor, Terrell, Thornton, Watson, and Williams. chair. It is entirely convenient to proceed in Thornton, Watson, and Willia.ms. that way, and we can not make the Senator Those who voted for Mr. Clapp are, Those who voted for Mr. Clapp a.re, Messrs. Bristow, Crawford, Cummins, from Massachusetts the Secretary of the Messrs. Bristow, Crawford, Cummins, Senate by unanimous consent or otherwise. Gronna, La Follette, Poindexter, and Works. Gronna., La. Follette, Poindexter, and Works. Mr. Bacon voted for Mr. Tillman. The PRESIDING OFFICER. The Chair is of Mr. Ba.con voted for Mr. Tillman. Mr. Gallinger voted for Mr. Lodge. opinion that he has been placed in his pres­ Mr. Clapp voted for Mr. Bristow. ent position by the unanimous lvote of the Mr. Gallinger voted for Mr. Lodge. There was consequently no choice; Senate. He is also clear that a motion to ad­ There was consequently no choice. Whereupon, journ is always in order, and he therefore Proceedings in the Congressional Record, The Presiding Offi~er directed the roll tO puts the motion of the Senator from Wis­ page 1204, as follows: be called; consin, which is that the Senate adjourn The PRESIDING OFFICER. The Senate will When, until Monday next at 2 o'clock. The question proceed to the election of a. President pro The whole number of votes was found to is on that motion. temp ore. be 69, of which 35 make a majority. Mr. The motion was agreed to· and (at 4 The Chair desires to say, before action is Gallinger had 29, Mr. Bacon had 31, Mr. o'clock and 43 minutes p.m.>' the Senate taken, that on Thursday last the Senate, by Clapp had 7, Mr. Tillman had 1, and Mr. adjourned until Monday, May 15, 1911, at unanimous consent. suspended clause 2 of Lodge had 1. 2 o'clock p.m. Rule I, which provicles that the Secretary shall take the chair pending the election of Those who voted for Mr. Gallinger are, Monday, May 15, 1911 (Journal, p. 65). a. President pro tempore, and continued in Messrs. Bradley, Brandegee, Briggs, Burn­ ELECTION OF A PRESIDENT OF THE SENATE PRO the chair its present occupant. Whether that ham, Burton, Clark of Wyoming, Crane, TEMPO RE action was intended to be continuous, cover­ Cullom, Curtis, Dillingham, du Pont, Gam­ ing all proceedings connected with the elec­ ble, Heyburn, Jones, Kenyon, Lippitt, Mc­ On motion by Mr. Cullom, that the Sen­ Lean, Nelson, Oliver, Page, Penrose, Perkins, ate proceed to the election of a President tion of a President pro tempore, or was for of the Senate pro tempore, that day only, it is not for the Chair to de­ Root, Smith of Michigan, Smoot, Suther­ land, Townsend, Warren, and Wetmore. The motion was agreed to, and termine. It is for the Senate to determine that question before we proceed further. Those who voted for Mr. Bacon are, On motion by Mr. Shively, and by unani­ mous consent, Mr. SHIVELY. I ask unaniinous consent that Messrs. Bailey, Bankhead, Bryan, Cham­ clause 2 of Rule I be suspended and that berlain, Culberson, Fletcher, Foster, Gore, 11574 CONGRESSIONAL RECORD-SENATE May 16, 1980 Hitchcock, Johnson of Maine, Johnston of Mr. Lodge raised a question as to the SIXTY-SECOND CONGRESS, SJOOOND Alabama, Kern, Lea, Martine of New Jer­ presence of a quorum; SESSION sey, Myers, Newlands, O'Gorman, Overman, Whereupon, Monda.y, December 4, 1911 (Journal, p. 4). Rayner, Reed, Shively, Simons, Smith of The Secretary directed the roll to be called; Maryland, Smith of South Carolina, Stone, When, PRESIDENT PRO TEMPORE. Swanson, Taylor, Terrell, Thornton, Watson, Fifty-seven Senators answered to their On motion by Mr. Gallinger, and Wiillams. names, Ordered, That Charles Curtis, a Senator Those who voted for Mr. Clapp are, A quorum being present. from the State of Kansas, be elected Presi­ Messrs. Bristow, Crawford, Cummins, The Senate proceeded to the election of a dent of the Senate pro tempore to serve untll Gronna, La Follette, Poindexter, and Works. President of the Senate pro tempore; Tuesda.y, December 12, 1911. Mr. Bacon voted for Mr. Tillman. Whereupon, ADJOURNMENT. Mr. Gall1nger voted for Mr. Lodge. The Secretary directed the roll to be called; On motion by Mr. Cullom, a.t 12 o'clock There was consequently no choice. When, and 17 minutes p.m., the Senate adjourned. Wednesday, May 17, 1911 (Journal, p. 70). The whole number of votes was found to be 63, of whioh 32 made a majority. Mr. Mr. ROBERT C. BYRD. Mr. President, ELECTION OF A PRESIDENT OF THE SENATE PRO Gall1nger had 27, Mr. Bacon had 25, Mr. while for the most part the parties have TEll!POBE. Ola.pp had 8, Mr. Tillman had 1, Mr. Bristow tended to put forward men with long On motion by Mr. Heyburn, that the Sen­ had 1, and Mr. Lodge had 1. senatorial service as their candidates for ate proceed to the election of a President of Those who voted for Mr. Gallinger a.re, the Senate, pro tempore, Messrs. Bradley, Brandegee, Briggs, Burn­ President pro tempore, there have been The motion was agreed to; ham, Burton, Cla.rk of Wyoming, Cullom, some notable exceptions. Senator Moses Whereupon, Curtis, Dixon, Gamble, Heyburn, Jones, of New Hampshire ranked only 15th The Presiding Officer assumed the chair Lodge, Mccumber, McLean, Nelson, Nixon, among Senate Republicans when he was and directed the roll to be ca.lied; Oliver, Page, Penrose, Root, Smith of Michi­ elected President pro tempore in 1925, When, gan, Smoot, Stephenson, Sutherland, Wa.rren, and Senator Cummins of Iowa ranked The whole number of votes was found to and Wetmore. only 12th when he was first chosen in be 71, of which 36 make a majority. Mr. Those who voted for Mr. Bacon a.re, Gallinger had 30, Mr. Bacon had 32, Mr. Messrs. Bailey, Chamberlain, Ohilton, Cul­ 1919. Even more astonishing were the Clapp had 7, Mr. Tillman had 1, and Mr. .berson, De.vis, Fletcher, Foster, Gore, Hitch­ records of David R. Atchison of Missouri, Lodge had 1. cock, Johnston of Ala.bama, Lea, Martin of elected President pro tempore in 1846 Those who voted for Mr. Gall1nger are, Virginia, Martine of New Jersey, Myers, New­ before he completed half his first term Messrs. Bradley, Brandegee, Brown, Burn­ lands, Pomerene, Rayner, Simmons, Smith as a Senator, and Willard Saulsbury of ham, Burton, Clark of Wyoming, crane, Cur­ of South Ca.rollna., Stone, Taylor, Terrell, Delaware, who was also still in his first tis, Dillingham, Dixon, du Pont, Heyburn, Thornton, Watson, and Williams. term when the Senate elevated him to Jones, Lippitt, Lodge, Mccumber, McLean, Those who voted for Mr. Cle.pp are, the post on December 14, 1916. Nelson, Nixon, Oliver, Page, Penrose, Per· Messrs. Bourne, Bristow, Crawford, Cum­ kins, Root, Smith of Michigan, Smoot, mins, Gronna, La Follette, Poindexter, and Usually, however, the Presidents pro Sutherland, Townsend, Warren, and Wet­ Works. tempore have been very senior Senators more. Mr. Bacon voted for Mr. Tillma.n. indeed; men, in the 19th Century, like Those who voted for Mr. Bacon a.re, Mr. Clapp voted for Mr. Bristow. William P. Frye of Maine, John J. In­ Messrs. Bailey, Bankhead, Bryan, Cham­ Mr. Gallinger voted for Mr. Lodge. galls of Kansas, Allen G. Thurman of berlain, Clarke of Arkansas, Culberson, There wa.s consequently no choice. Ohio, and Henry B. Anthony of Rhode Fletcher, Foster, Gore, Hitchcock, Johnson Whereupon, Island. That tradition has continued in of Maine, Johnston of Alabama, Kem, Lea, The Secretary directed the roll to be ca.lled, Martin of Virginia, Martine of New Jersey, When, this century, with the exceptions that I Myers, Newlands, O'Gorman, Overman, The W'hole number of votes wa.s found to have noted, until by midcentury the Sen­ Pomerene, Rayner, Reed, Shively, Simmons, be 64, of which 33 make a. majority. Mr. ate was habitually electing as its Presi­ Smith of Maryland, Stone, Swanson, Taylor, Gall1nger had 27, Mr. Ba.con had 26, Mr. dent pro tempore the most senior Sena­ Terrell, Thornton, and Williams. Clapp had 8, Mr. Tillma.n had 1, Mr. Bristow tor of the majority party. The four men Those who voted for Mr. Clapp are, had l, and Mr. Lodge had 1. who held the office immediately prior to Messrs. Bristow, Crawford, Cummins, Those who voted for Mr. Gallinger are, 1945 ranked either fourth or fifth in Gronna, La Follette, Poindexter, and Works. Messrs. Bradley, Brandegee, Briggs, Burn­ their respective parties when first cho­ Mr. Bacon voted for Mr. Tlllman. ham, Burton, Clark of Wyoming, Cullom,. Mr. Gall1nger voted for Mr. Lodge. sen. Of the five Presidents pro tempore Curtis, Dixon, Gamble, Heyburn, Jones, since 1945, only one has been anything There was consequently no choice. Lodge, Mccumber, McLean, Nelson, Nixon, Whereupon. Oliver, Page, Penrose, Root, Smith of Michi­ less than the most senior man in his par­ The Presiding Officer directed the roll to ga.n, Smoot, Stephenson, Sutherla.nd, Warren, ty, and that was Senator Vandenberg of be called, a.nd Wetmore. Michigan who was the second ranking When, Republican in the Senate at the time cf The whole number of votes was found to Tho..c:ie who voted for Mr. Bacon are, be 70, of which 36 make a majority. Mr. Messrs. Bailey, Chamberlain, Chilton. Cul­ his election in 1947. Gall1nger had 29. Mr. Bacon !had 32. Mr. berson, Davis, Fletcher, Foster, Gore, Hitch­ In alluding to the deadlock that oc­ Clapp had 7, Mr. Tillman had 1, and Mr. cock, Johnston of Alabama, Lea, Martin of curred in 1911 for the offl.ce of President Lodge had 1. Virginia., Martine of New Jersey, Myers, New­ pro tempore, I might also refer to a Those who voted for Mr. Gallinger are, lands, Pomerene, Raynor, Reed, Simmons, deadlock similar to that of 1911 which Messrs. Bradley, Brandegee, Brown, Burn­ Smith of South Carolina., Stone, Taylor, Ter­ rell, Thornton, Watson, and Williams. occurred at the opening of the 68th Con­ ham, Burton, Clark of Wyoming, Crane, gress, December 3, 1923. Curtis, Dillingham, du Pont, Heyburn, Jones, Those who voted for Mr. Cle.pp are, Lippitt, Lodge, Mccumber, McLean, Nelson, "The position of President pro tem­ Messrs. Bourne, Bristow, Crawford, Cum­ pore was held by the whilom 'insurgent.' Nixon, Oliver, Page, Penrose, Perkins, Root, mins, Gronna, La. Follete, Poindexter, a.nd Smith of Michigan, Smoot, Sutherland, Works. Cummins," according to Haynes, "who at Townsend, Warren, and Wetmore. the same time under the seniority rule Those who voted for Mr. Bacon are, Mr. Bacon voted for Mr. Tillman. Mr. Clapp voted for Mr. Bristow. would continue as chairman of the Com­ Messrs. Bailey, Bankhead, Bryan, Chamber­ Mr. Galllnger voted for Mr. Lodge. mittee on Interstate Commerce. A long lain, Clarke of Arkansas, Culberson, Fletcher, There was consequently no choice. struggle ensued over that single commit­ Foster, Gore, Hitchcock, Johnson of Maine, Senate adjourned. tee chairmanship, the Progressives re­ Johnston of Alabama, Kern, Lea, Martin of Sa.turday, August 12, 1911 (Journa.l, p. 169). Virginia, Martine of New Jersey, Myers, New­ fusing to vote for CUmmins, although on lands, O'Gorman, Overman, Pomerene, Ray­ PRESIDENT OF THE SENATE PRO TEMPORE. the choice of the other officers they voted ner, Reed, Shively, Simmons. Smith of Mary­ On motion by Mr. Smoot, for the regular Republican nominees. To land, Stone, Swanson, Taylor, Terrell, Thorn­ Ordered, That Augustus O. Bacon, a. Sena.­ the question, 'Why do we not proceed to ton, and Wllliams. tor from the State of Georgia., be, a.nd he the election of the President pro tem­ Those who voted for Mr. Clapp are, hereby ls, elected President of the Senate pro pore?' the Republican leader replied that Messrs. Bristow, Crawford, Cummins, tempore, to hold and perform the duties of that omcer continued to hold office 'dur­ Gronna, La Follette, Poindexter, and Works. said office during the absence of the Vice ing the pleasure of the Senate' just as Mr. Bacon voted for Mr. Tillman. President on Monday next, August 14, 1911. Senator Frye, without reelection, had Mr. Gallinger voted for Mr. Lodge. On motion by Mr. Smoot, at 2 o'clock and continued to hold that office through There was consequently no choice. 41 minutes p.m., successive Congresses. This was not chal­ Monday, June 5, 1911 (Journal, p. 85.) The Senate adjourned. lenged and Cummins continued to hold VICE PRESIDENT ABSENT-PRESIDENT PRO Monda.y, August 14, 1911 (Journal, p. 170). the office until the expiration of his term TEMPORE VICE PRESIDENT ABSENT. as Senator." The Vice President being absent, the Sec­ Under the designa.tion by the Senate yes­ In his Volume I, Senate of the United retary called the Senate to order. terday, Mr. Bacon a.ssumed the chair. States, Mr. George H. Haynes also refers May 16, 1980 CONGRESSIONAL RECORD-SENATE 11575 to the situation in which Senator Moses period, the rule was partially suspended President may cast a vote in the Senate had for 6 years held the position of so that the Senate could elect the Presi­ only when that body is equally divided. the President pro tempore and before the dent pro tempore to a chairmanship. The Evidently some question arose in the convening of Congress in 1931 it was evi­ President pro tempore also evidently ap­ early 1790's as to whether or not a Presi­ pointed the committees in 1838, 1841, dent pro tempore retained his vote while dent that an effort would be made to dis­ he was performing the duties of his place him. Mr. Haynes states: 1843, and 1863. On some occasions, he has been specifically authorized to fill office. The question was quickly settled "It was the minority leader who smilingly on April 17, 1792, when the Senate called for the election of a President pro tem­ vacancies on committees. pore. The first ballot showed that the Demo­ As a presiding officer, the powers and adopted a resolution stating that he re­ cratic nominee led Moses by a plurality of prerogatives of the President pro tem­ tained "his right to vote upon all ques­ 10. The deadlock continued for a month. pore historically have been very little tions." He cannot, however, vote to break Insurgents would not vote for Moses, nor different from those of the Vice Presi­ a tie if he has already voted on the would they vote for a Democrat. Yet, it was dent. One notable exception involves the question. their contention that the election of Presi­ privilege of appointing a substitute to By the Act of March 19, 1816, the dent pro tempore was highly privlleged, and President pro tempore was accorded a could not be displaced as the Senate's 'un­ perform the duties of the Chair. From finished business' by a mere majority vote. 1820 until the earlv 1880's, the Senate op- larger salary than that allotted to other After futlle balloting had continued for erated under a rule stating, in part, that Senators, but only when there was no nearly a month, a Democrat made the motion "the presiding officer shall have the right Vice President. that the Senate proceed to the consideration to name a Senator to perform the duties In 1818, the law was amended to read of the proposed 'La~e Duck' Amendment. of the Chair, but such substitution shall that the President pro tempore was to Norris at once made the point of order that not extend beyond an adjournment." receive additional compensation for each this motion was out of order, 'because the ef­ fect of it would be to displace as the business Mr. President, that rule was subse­ day he presided over the Senate, whether before the Senate the election of a President quently amended so as to restrict the or not the office of Vice President was pro tempore, which is a privlleged matter.' privilege solely to the President pro tem­ vacated. In 1845, and again in 1854, there "The Vice President declared: 'there are pore. Moreover, the Senate had many being no Vice President, the Senate only three questions mentioned in the Sen­ times previously honored the request of adopted resolutions to the effect that the ate rules which are to be proceeded with a President pro tempore that another Presidents pro tempore then in office untll disposed of... . Any other matter, by Senator take his place for a day or were to receive compensation equal to necessary implication, could be displaced at longer, while denying the same privilege any time by a majority vote of the Senate that established by law for the Vice by simply agreeing to a motion to take up to the Vice President. President. That practice was converted any particular matter or measure. The Chair For a rather pointed example of the into law by the act of August 16, 1856. overrules the point of order.' Senate's refusal to accept a direct sub­ Mr. President, I shall have more to "To a parliamentary inquiry, whether if stitution made by the Vice President, one say at a. later date with respect to the the pending motion should be carried, the may cite the incident of January 11, office of the President pro tempore of President pro tempore could continue in of­ 1847, when the Senate ignored a letter fice, the Vice-President replied: 'He will ... the Senate, and also with respect to from Vice President Dallas designating other officers of the Senate. Under the resolution of 1890, ... the Presi­ Senator Atchison to preside for that day, dent pro tempore serves until his successor Mr. President, I ask unanimous con­ is elected.' defeated a resolution appointing Atchi­ sent that I may be permitted to insert "The chair's ruling upon the point of or­ son President pro tempore, and then in the RECORD a table stating the names der was sustained by a 3-to-1 vote; the 'Lame proceeded to elect Atchison to the post of Presidents pro tempore and the Con­ Duck' Amendment. wMch had been stalled by ballot. gress in which each served, the State behind the 'unfinished business', was im­ In 1902, the Rules were further mediately debated and brought to a vote-­ amended so that during a vacancy in the from which each Senator came, and the and Moses continued to serve as President office of Vice President the President date on which e':tch Senator was elected pro tempore to the end of that Congress, to serve as President pro tempore. without further question.'' pro tempore might name in writing a Senator to perform the duties of the These will range from the first Presi­ Presidents pro tempore have occasion­ chair for an unspecified time. dent pro tempore, John Langdon, of New ally enjoved the privilege of appointing Usually the President pro tempore has Hampshire, elected April 6, 1789, to Sen­ the membership of the Senate's standing designated members of his own party to ator WARREN MAGNUSON, who was elected committees at the be~inning of a session. replace him in the chair, but not always. to serve as President pro tempore on This was made indirectly possible by In one notable exception, President pro January 15, 1979, and who is currently rule in the period December 1823-April tempore Havden, a Democrat, appointed serving in that office. 1826. Another rule gave him the power 'Senator George D. Aiken of Vermont, a There being no objection, the table directly from December 1828 to Decem­ Republican, to preside. was ordered to be printed in the RECORD, ber 1833. Several times during this latter Under the Constitution, the Vice as follows: PRESIDENTS PRO TEMPORE OF THE SENATE FROM THE FIRST CONGRESS TO BEGINNING OF FIRST SESSION OF THE NINETY-SIXTH CONGRESS [In earlier years the apnointment or election of a President pro On Mar.12, 1890 the Senate agreed to_ the following: tempore was held by the Senate to be for the occasion only, so Resolved, That it is competent for the Senate to elect a President that more than one appears in several sessions and in others none pro tempore, who shall hold the office during the pleasure of the were chosen. Since Mar. 12, 1980, however, they have served until Senate and until another is elected, and shall execute the duties "the Senate otherwise ordered.'') thereof during all future absences of the Vice President until the Senate otherwise order. (S. Jour. 165, 51-1, Mar. 12, 1890.) Name of President pro Name of President pro Congress tempore State Elected Congress tempo re State Elected First______John Langdon ______New Hampshire ••• Apr. 6, 1789. Ninth.------Samuel Smith ______Maryland ______Dec. 2, 1805. Second ______Richard Henry Lee ______Virginia.------Apr. 18, 1792. Mar. 18, 1806. Do ______John Langdon ______New Hampshire ___ Nov. 5, 1792. Mar. 2, 1807. Tenth ______do ______do ______Apr. 16, 1808. • d Mar. 1, 1793. Th ir ------Ralph lzardt ______South Carolina ____ May 31, 1794. Do ______Stephen R. Bradley ______Vermont______Dec. 28, 1808. F Do ______Henry Tazewell.. ______Virginia ______Feb. 20, 1795. Do ______John Milledge ______Georgia ______Jan. 30, 1809. ourth _____ ------•• do ______do ______Dec. 7, 1795. Eleventh ______Andrew G•eig ______Pennsylvania _____ June 26, 1809. Do ______S~m.uel Li_vermore ______New Hampshire ___ May 6, 1796. Do ______John Gaillard ______South Carolina ____ Feb. 28, 1810. . Do ______W!lham Bingham ______Pennsylvania _____ Feb. 16, 1797. Reelected Apr. 17, 1810. Fifth ______William Bradford ______Rhode Island _____ July 6, 1797. Do ______John Pope ______Kentucky ______Feb. 23. 1811. Do ______Jacob Read.------South Carolina. ___ Nov. 22, 1797. Twelfth. ______William H. Crawford.------Georvia. ______Mar. 24. 1812. Do ______Theodore Sedgwick ______Massachusetts ____ June 27, 1798. Thirteenth ______Joseph B. Varnum ______Massachusetts ____ Dec. 6, 1813. Do ______John Laurance ______New York ______Dec. 6, 1798. Do ______John Gaillard ______South Carolina ____ Apr. 18, 1814. . Do ______James Ross ______Pennsylvania _____ Mar. 1, 1799. Nov. 25, 1814 upon the Sixth ______Samuel Livermore ______New Hampshire ___ Dec. 2, 1799. death of Vice President Do ______Uriah Tracy ______Connecticut______May 14, 1800. Elbridge Gerry.2 Do ______John E. Howard ______Maryland ______Nov. 21, 1800. Fourteenth. ______do ______do ______Do ______James Hillhouse ______Connecticut______Feb. 28, 1801. Fifteenth ______.do.3 __ ~--- ______.do ______--{~:~: ~i.1m . Seventh ______Abraham Baldwin ______Georgia ______Dec. 7, 1801. . Do ______James Baroour ______Virginia ______Feb. 15, 1819.8 Do ______Stephen R. Bradley ______Vermont______~~~: l~: mg~: Sixteenth •• ______.do ______• do ______Feb. 25, 1803. Do ______John Gaillard ______South Carolina ____ Jan. 25, 1820. Seventeenth. ______do ______do ______Feb. 1, 1822. Eighth •••• ------John Brown ______Kentucky ______~~{.' b. \8Jlli . h~l~l~L 2 1 Do ______Jesse Franklin ______North Carolina ____ ~~r. 1~. \~i~. Do ______Joseph Anderson ______Tennessee ______Jan. 15, 1805. ~ fn~\~~~\~-:~======~~~c======~~:======Do ______Nathaniel Macon ______North Carolina ____ ~:r.May 20,~~·11~~~· 1826. Feb. 28, 1805. Jan. 2, 1827. Mar. 2, 1805. Mar. 2, 1827, 11576 CONGRESSIONAL RECORD-SENATE May 16, 1980

PRESIDENTS PRO TEMPORE OF THE SENATE FROM THE FIRST CONGRESS TO BEGINNING OF FIRST SESSION OF THE NINETY-SIXTH CONGRESS-Continued

Name of President pro Name of President pro Congress tempo re State Elected Congress tempore State Elected Twentieth ______Samuel Smiths ______Maryland ______May 15, 1828. Forty-third ______Matthew H. Carpenter. _____ Wisconsin ______Mar.12, 1873.t Twenty-first______do ______do ______Mar. 13, 1829.• Mar. 26, 1873.' May 29, 1830. Dec. 11, 1873. Mar. 1, 1831.0 Dec. 23, 1874. Twenty-second _____ Littleton W .Tazeweli______Virginia ______July 9, 1832. Do ______Henry B. Anthony ______Rhode Island _____ Jan. 25, 1875. Do ______Hugh L. White ______Tennessee ______Dec. 3, 1832. Feb. 15, 1875. Twenty-third ______do ______---- ____ ----.do ______Forty-fourth ______Thomas W. Ferry ______Michigan ______Mar. 9, 1875.' Do ______George Poindexter------Missis~ippi ______June 28, 1834. Mar. 19, 1875.' Do ______John Tyler______Virginia ______Mar. 3, 1835. Dec. 20, 1875. Twenty-fourth ••••• William R. King ______Alabama ______July l, 1836. Forty-fifth ______do. ______••• do ______Mar. 5, 1877.' Jan. 28, 1837. Feb. 26, 1878. Twenty-fifth. ______do ______do ______Mar. 7, 1837.' • Apr. 17, 1878. Oct. 13, 1837. Mar. 3, 1879. July 2, 1838. Forty-sixth ______Allen G. Thurman ______Ohio ______Apr.15, 1879. Feb. 25, 1839. Apr. 7, 1880. Twenty-sixth ••••• ______.do.7 •• ______.do. ______.- May 6, 1880. July 3, 1840. Forty-seventh ______Thomas F. Bayard ______Delaware ______Oct. 10, 1881.4 Mar. 3, 1841. Do. ______David Davis 10 ______Illinois ______Oct. 13, 1881. Twenty-seventh ____ William R. King'·------Alabama ••• --·--- Mar. 4, 1841. Do ______George F. Edmunds ______Vermont______Mar. 3, 1883. Do ______Sameul L. Southhard 8_____ New Jersey ••• ____ Mar. 11, 1841. Forty-eighth ______do.11 ______ao ______Jan. 14, 1884. Do ______Willie P. Mangum ••• ------North Carolin•. ___ May 31, 1842. Forty-ninth ______John Sherman 18 ______Ohio ______Dec. 7, 1885. Twenty-eighth ••• __ • ____ do. ____ ------__ ------. ____ do •.• --·- -- __ Do ______John J. Ingalls ______Kansas ______Feb. 25, 1887. Twenty-ninth •• ____ Ambrose H. Sevier ' •• _____ Arkansas ______Dec. 27, 1845. Fiftieth •• ______do ______------__ .do ___ ------Do ______David R. Atchison ______Missouri______Aug. 8, 1846. Fifty-first.. ______do ______do ______Mar. 7, 1889.' Jan. 11, 1847. Apr. 2, 1889.' Mar. 3, 1847. Feb. 28, 1890. Thirtieth •••• ------__ do ••• ···------. ____ do ______Feb. 2, 1848. • Apr. 3, 1890. 11 June 1, 1848. Do ______Charles F. Manderson ______Nebraska ______Mar. 2, 1891. June 26, 1848. July 29, 1848. rng:~~fr~~~~:: :::: :: :: :~~.2"( ======::======~~:======Dec. 26, 1848. Do ______Isham G. Harris'------Tennessee ______Mar. 22, 1893. Mar. 2, 1849. Do ______Matt W. Ransom21 ______North Carolina ____ Jan. 7, 1895. Thirty-first. ••• ______do.'••• ------_____ do ______Mar. 5, 1849. Do ______Isham G. Harris ______Tennessee ______Jan. 10, 1895. Mar. 16, 1849. Fifty-fourth ______William P. Frye ______Maine ______Feb. 7, 1896. Do ______William R. King ______Alabama •• ~------May 6, 1850. July 11, 1850. Thirty-second •• ____ • ____ do.10. ______• ____ do ______Do ______David R. Atchison ______Missouri.. ______Dec. 20, 1852. Thirty-third ______do.•------· ____ do ______Mar. 4, 1853. ~~:~;.i~~=-:~:~:~:==~:~~:j~~~~~~~: ~~~j:j~j=~~m~~~:~:~~jj M•'- 7, l®l.• Do ______lewis Cass 11 ______Michigan. ______Dec. 4, 1854. Sixtieth._------_do ______do ______Dec. 5, 1907. Do ______Jesse D. Bright ______Indiana_ •• ------Dec. 5, 1854. Sixty-first. •• ------_____ do ______------.do ______Thirty-fourth •••••••• ____ do.12_. ______do ______June 11, 1856. Sixty-second ______do.22 _------____ .do ___ ------__ Do ______Charles E. Stuart 13 ______Michigan ______June 9, 1856. Do ______Charles Curtis23 ______Kansas ______Dec. 4, 1911. Do ______:. ___ James M. Mason u ______Virginia ______Jan. 6, 1857. Do ______Augustus 0. Bacon"------Geor11ia ______Jan. 15, 1912. Thirty-fifth_ •• ______do.• ______do ______Mar. 4, 1857. Do ______Jacob H. Gallinaer "------New Hampshire ___ Feb. 12, 1912. Do ______Thomas J. Rusk'··------Texas ______Mar. 14, 1857. Do ______Henry Cabot lodae "------Massachusetts. ___ Mar. 25, 1912. Do ______Benjamin Fitzpatrick •••.••• Alabama ______Dec. 7, 1857. Do ______Frank B. Brande11ee n ______Connecticut... ____ May 25, 1912. Mar. 29, 1858. Sixty-third ______James P. Clarke ______Arkansas ______Mar. 13. 1913.1 June 14, 1858. Sixty-fourth ______do.n ______do ______Dec. 6. 1915. Jan. 25, 1859. Sixty-fourth ______Willard Saulsbury._.------Delaware ______Dec. 14, 1916. Thirty-sixth ______do ______------_____ do ______Mar. 9, 1859.• Sixty-fifth_. ______do ______do ______Dec. 19, 1859. Sixty-sixth ______Albert B. Cummins ______Iowa ______May 19, 1919. Feb. 20, 1860.• Sixty-seventh ______do ·------do______Mar. 7, 1921.' June 26, 1860. Do ______Jesse D. Bright •• ______Indiana. ______June 12, 1860. ==== :: =: =: ======Do ______Solomon Foot______Vermont ______Feb. 16, 1861. m~:~i~~~~=Do ______:: Geor11e===~~======: H. Moses_.------New===~~======Hampshire ___ Mar. 6, 1925.' Thirty-seventh •• ______do ••••• __ ___ ------·-····do______Mar. 23, 1861. · Seventieth ______do ______do ______Dec. 15, 1927. July 18, 1861. Jan. 15, 1862. == :::: :: :: == :::: :::: :: ~=~=~~~:~~~-""Seventy-third ______:: :: ::Key :: =~~=:: Pittman ______:::::~~:::::Nevada ______Mar. 9, 1933. Mar. 31, 1862. June 19, 1862. . . Feb. 18, 1863. Th1rty-e1ghth ••••••.•••• do.·----- ____ •••. ______•.• do ______Mar. 4, 1863.' Dec. 18, 1863. m:~g=~~~~~======~~;~======~~======Do ______William H. Kini!------Utah ______Jan.Nov. 7,19i 1935. 1940. reb. 23, 1864. Seventy-seventh •••• Pat Harrison ao ______Mississippi______Jan. 6, 941. Apr. 11, 1864. Do ______Carter Glass ______Virainia ______July 10, 1941. Do ______Daniel Clark ______New Hampshire ___ Apr. 26, 1864. Seventy-eighth ______do ______do ______Jan. 5, 1943. Feb. 9, 1865. Seventy-ninth ______Kenneth McKellar. ------Tennessee ______Jan. 6, 1945. Thirty-ninth ••• ____ Lafayette S. Foster10 ______Connecticut.. _____ Mar. 7, 1865. Eightieth ______Arthur H. Vandenberg ______Michigan ______Jan. 4, 1947. Eiahty-first______Kenneth McKellar ______Tennessee ______Jan. 3, 1949. Forti~ih-~======- ~~~!~~i~- ~~~~~~~======- ~~~do======Mar. 2, 1867. Eighty-second ______do ______do ______Forty-first______Henry B. Anthony ••••• __ .. Rhode Island •. ___ Mar. 23, 1869. Eighty-third ______Styles Bridges ______New Hampshire ___ Jan. 3, 1953. Apr. 9, 1869. Eighty-fourth ______Walter F. George ______Georgia ______Jan. 5, 1955. May 28, 1870. Eighty-fifth ______Carl Hayden ______Arizona ______Jan. 3, 1957. July 1, 1870. July 14, 1870. :: :: == :: :::: == :::: :: :::: :: Forty-second ... ______do . __ .. ______do ••• ______Mar. 10, 1871. ~l:~g:~~~~iitli:::Eighty-eighth._. ______:: :: :: =~~=== do ______=~~::::: do ______Apr. 17, 1871. Eighty-ninth. ______do ______------______do ______May 23, 1871.' . Ninetieth ______.do. ______do ______Dec. 21, 1871. Ninety-first______Richard B. Russe11 a1 ______Georgia ______Jan. 3, 1969. Feb. 23, 1872. Ninety-second ••• ______do ______------.do ___ ------June 8, 1872. Do ______Allen J. Ellender :12 ______Louisiana ______Jan. 22, 1971. Do .•. • •• ______do. ______•• ______do ______Dec. 4, 1872. Do ______James 0. Eastland ______Mississippi. ______July 28, 1972. Dec. 13, 1872. Ninety-third •• ______do ___ ------_____ do ______Dec. 20, 1872. Ninety-fourth. ______.do. ______do ______Jan. 24, 1873. Ni nety-flfth •• ______.do. ______do ______Ninety-sixth ______Warren G. Magnuson ______Washineton ______Jan.15, 1979.

1 Samuel Livermore was elected Feb. 20, 1795, but declined. " Resigned, effective Feb. 26, 1887. 2 Vice President Gerry died in preceding Congress. 19 Resigned as President pro tempore, effective Mar. 2. 1891. 3 Cont!nuing ~rom preceding session; elected Mar. 6, 1817 (special session of the Senate). 20 Resigned as President pro tempore Mar. 22, 1893. ' Special session of the Senate. 21 Resigned as President pro tempore Jan. 10, 1895. 5 Nathaniel Macon, of North Carolina, was first elected on the same day but declined to serve. 22 Resigned as President pro tempore Apr. 27, 1911. 6 Littleton W. Tazewell, of Virginia, was first elected, but declined to serve. 23 Elected to serve Dec. 4 to 12, 1911. 1 Continuing from preceding session. 2• Elected to serve Jan. 15 to 17, Mar. 11 and 12, Apr. 8, May 10, May 30 to June 3, June 13 lo 8 Special session. of the Senate. Resigned as President pro tempore May 31, 1842. July 5, Aug. 1 to 10, and Aug. 27 to Dec. 15, 1912; Jan. 5 to 18 and Feb. 2 to 15, 1913. 9 Serv!ld as Pres1d~nt pro tempore 1 day, under designation by the Vice President. 2s Elected to serve Feb. 12 to 14, Apr. 26 and 27, May 7, July 6 to 31, Aug. 12 to 26, 1912; Dec. lli, 10 Resigned as President pro tempore Dec. 20, 1852. 1912, to Jan. 4, 1913 ; Jan. 19 to Feb. 1 and Feb. 16 to Mar. 3, 1913. 11 For 1 day only. 26 Elected to serve Mar. 25 and 26, 1912. 12 Continued from preceding Congress. 21 Elected to serve May 25, 1912. 1a Served June 5, 1856; resigned June 11, 1856. :?S Died Oct. 1, 1916. " Served Jan. 5, 1856. 29 Died Nov. 10, 1940. u Special session of the Senate. Elected "to serve in the absence of the Vice President" and 30 Died June 22, 1941. served until Mar. 2, 1867. 3t Died Jan. 21, 1971. 16 Special session of the Senate. Resigned Mar. 3, 1883. 32 Died July 27, 1972. 11 RHlacted. May 16, 1980 CONGRESSIONAL RECORD-SENATE 11577 Mr. ROBERT C. BYRD. Mr. President, the House of Representatives, of the tions; to increase the specific dollar limita­ does the able Senator from Hawaii wish Legislative Branch, poses an anachro­ tions on appropriations for the fiscal yea.rs the floor? 1980 and 1981 food stamp programs; and for nism in our system which ought to be other purposes; and Mr. MATSUNAGA. Mr. President, will removed. This anachronism will raise H.J. Res. 545. Joint resolution making the distinguished majority leader yield? very serious problems ·in the Legislative an urgent appropriation for the food stamp Mr. ROBERT C. BYRD. Yes. process when the elected President and program for the fiscal year ending Septem­ Mr. MATSUNAGA. I wish to commend Vice President are of one political party ber 30, 1980, for the Department of Agricul­ the distinguished majority leader for his and the majority of the Senate is of an­ t.ure. professional lectures he has been deliver­ other political party. We would then The enrolled bill and joint resolution ing on the Senate floor. have a Vice President of one party pre­ were subsequently signed by the Acting It was a week ago today, I believe, that siding over a Senate controlled by an­ President pro tempore (Mr. ExoN). the distinguished majority leader lec­ other party. tured on the office of the majority whip. As the Senator from West Virginia well Today he has given us indeed a very knows, recognition by the Chair of a ENROLLED BILL PRESENTED much needed lesson on the office of Pres­ Senator seeking the floor is a very im­ ident pro tempore. portant aspect of carrying out the pro­ The Secretary of the Senate reported But it would appear to me that the gram of the majority party. As it has that on today, May 16, 1980, he pre­ term "pro tempore" after the word happened from time to time, when the sented to the President of the United "President" would seem to indicate an proper Senator is not recognized at the States the following enrolled bill: anachronism in our system, which was proper time, because of the intentional S. 1309. An act to amend the Food Stamp intended originally create three sepa­ Act of 1977 to improve food stamp program to refusal on the part of the Presiding Offi­ fiscal accountab111ty through reductions in rate and equal branches of Government. cer to recognize that Senator, we run inaccurate eligib111ty and benefit determina­ We have presiding over the Senate a into extreme parliamentary difficulties. tions; to improve the system of deductions; member of the executive branch of our I must apologize for not having alert­ to increase the specific dollar limitations on system of Government. ed the majority leader to my intention to aopropria.tions for the fiscal years 1980 and How would the majority leader feel­ engage him in a colloquy on this matter. 1981 food stamp programs; and for other and I have discussed this matter with Truly, I had not intended to do so. But purposes. him once before-about carrying for­ listening to his comments I could not ward the actual intent of the founders help but rush to the floor to raise a few REPORTS OF COMMlTTEES SUB­ of this country, in creating three sep­ questions because of my deep interest in MITTED DURING THE RECESS arate and equal branches of Government, removing an anachronism from our fed­ by a constitutional amendment pro­ eral system of government. I do hope Under authority of the order of the viding for the election of a President of that during the time that I am a Member Senate of May 14, 1980, the following the Senate in place of the Vice President of the United States Senate I will have rePorts of committees were submitted on and making the elected Member of the been successfully instrumental in doing May 15, 1980, during the recess; Senate preside over the Senate? so. By Mr. MOYNIHAN, from the committee Mr. ROBERT C. BYRD. I think the Mr. ROBERT C. BYRD. May I say that on Environment and Public Works, with an present system works very well. I per­ the distinguished Senator from Hawaii amendment: sonally would prefer it to that which is to be admired for his interest in this S. 2080. A bill to establish public buildings has been suggested by the distinguished regard. I have no doubt that he will be policies for the Federal Government, to Senator who is, fortunately, the chief instrumental in pursuing the measure establish the Public Buildings Service in the deputy whip in the Senate. General Services Administration, and for which he has been advocating for some other purposes (Rept. No. 96-771). I think it provides a very proper nexus time and, just as he has been instrumen­ By Mr. MOYNIHAN, from the committee between the executive and the legisla­ tal in many progressive achievements on Environment and Public Works, with tive, and on a future occasion I will be that have become a part of our history, amendments: talking more about this aspect of the he will continue to be so. S. 1639. A bill to amend the Water office of Vice President and the office Resources Planning Act of 1965 (Public Law of the Senate President pro tempore. 89-80; 79 Stat. 244 as amended) (Rept. No. Mr. MATSUNAGA. Mr. President, if MESSAGES FROM THE PRESIDENT 96-772). s. 1640. A bill to extend certain authorities the distinguished majority leader will Messages from the President of the of the Secretary of the Interior with respect yield further, from what little I have United States were communicated to the to water resources research and development been able to read and discover about the Senate by Mr. Saunders, one of his and saline water conversion research and basis for making the Vice President the secretaries. development programs, and for other pur­ Presiding Officer of the Senate, the of­ poses (Rept. No. 96-773). fice of Vice President at one time was S. 1641. A blll authorizing the Secretary of looked upon as a position which would EXECUTIVE MESSAGES REFERRED the Army, acting through the Chief of Engi­ be occupied by one destined for political neers, to plan, design, and construct small As in executive session, the Presiding hydroelectric power projects not speciflcally obscurity in the shadow of the President Officer laid before the Senate messages authorized by the congress (Rept. No. In order to give the Vice President some­ from the President of the United States 96-774). thing to do, because of his lack of things submitting sundry nominations, which By Mr. MOYNIHAN, from the Committee to do as a · member of the executive were referred to the Committee on on Environment and Public Works, without branch, the framers of our Constitution amendment: assigned to him as part of his duties the Armed Services. s. 2729. An original blll to authorize cer­ function of presiding over the Senate. VETERANS' AFFAIRS ing of a public hearing before the Sen­ s. 2226 Mr. ROBERT C. BYRD. Mr. President, ate Select Committee on Indian A1Iairs. At the request of Mr. PACKWOOD, the on behalf of the Senator from California A hearing is scheduled for July 29, Senator from New Mexico (Ml'. SCHMITT> JIMMY CARTER. board certified gynecologist, and state law THE WHITE HOUSE, May 16, 1980. requires that abortion clinics have a certified RECESS SUBJECT TO THE CALL OF specialist on their staffs. THE CHAIR Covington said her suspicions were first aroused when she showed up at Tran's office Mr. ROBERT C. BYRD. Mr. President, PROGRAM and was told they would keep her check I ask unanimous consent that the Sen- while they processed the insurance forms. ate stand in recess subject to the call of Mr. ROBERT C. BYRD. Mr. President, The woman filling out the forms began to the Chair. the Senate will convene on Monday at include several additional charges for labo- The motion was agreed to, and at 1:01 11:30 a.m. I ask unanimous consent that ratory tests until Covington told her none the swearing in of the new Senator from had been performed, Covington said. p.m., the Senate took a recess, subject to the call of the Chair. Maine precede the recognition of the two The only unusual aspect of her case, Cov- leaders, if circumstances at that time ington said, was her need for a special shot The Senate reassembled at 2:22 p.m., when called to order by the Presiding should direct. to counteract an Rh negative blood condi- Mr. STEVENS. There is no objection. tion. Even then, she was told the shot would Officer (Mr. BAucus) . cost $25 but later discovered Prudential had The PRESIDING OFFICER. Without been billed $60. This brought the total bill objection, it is so ordered. to $410. REMO V AL O F INJU NCTIO N O F Mr. RO BERT C. BY RD. It can be Prudential paid $335.50, a fixed percentage SECRECY —EXECUTIVE I, 96TH either way. The swearing in may precede of the final bill, according to the terms of CONGRESS, 2d SESSION the recognition of the two leaders, or Covington's policy. vice versa. Covington, whose husband notified the Mr. ROBERT C. BYRD. Mr. President, insurance company of the discrepancy, said ORDER DESIGNATING PERIOD FOR THE TRANS- as in executive session, I ask unanimous ACTION OF ROUTINE MORNING BUSINESS ON she felt those who operate the clinic are tak- consent that the injunction of secrecy ing advantage of the situation. MONDAY "Besides," she added, "if the billing sys- be removed from the Tax Convention Mr. ROBERT C. BYRD. Mr. President, tem is really legitimate, why didn't I get a with the Republic of Cyprus, signed at I ask unanimous consent that there then bill for the difference between what they Nicosia on March 26, 1980 (Executive I, be a period for the transaction of rou- charged and what Prudential paid?" Her 96th Congress, second session) , transmit- tine morning business, not to extend be- original check for $140 was returned to her, ted to the Senate today by the President yond 12 o'clock meridian, with Senators and she said she never has been asked to of the United States, and ask that it be permitted to speak during that period up pay the remaining amount of the $410 billed considered as having been read the first to the company. to 2 minutes each, and that at 12 noon "They probably figured I'd never say any- time, that it be referred, with accom- the Senate then proceed with the order thing about it," said Covington, who was six panying papers, to the Committee on that has already been entered, which was weeks pregnant when she had the abortion. Foreign Relations and ordered to be entered earlier today, for the considera- According to Prudential's Hoch, "more of- printed, and that the President's mes- tion of the Nicaragua legislation. ten that not, if an individual doesn't have sage be printed in the RECORD. The PRESIDING OFFICER. Without to pay anything, they never tell you any- Mr. STEVENS. There is no objection. objection, it is so ordered. thing. We send out copies of the bill to The PRESIDING OFFICER. Without make them aware of it, but it's rare that it's objection, it is so ordered. brought to our attention." The insurance company says it is investi- The message of the President is as RECESS UNTIL MONDAY, MAY 19, gating the case and will be contacting Dr. follows: 1980, AT 11:30 A.M. Tran. Max Fine, executive director of the Com- To the Senate of the United States: Mr. ROBERT C. BYRD. Mr. President, mittee for National Health Insurance, said I transmit herewith, for the advice and if there be no further business to come inflationary billing and reimbursements consent of the Senate to ratification, the before the Senate, I move, in accordance "happen all the time. Health insurance is in- Convention between the Government of with the order previously entered, that flationary, and when a third party pays, peo- the United States of America and the the Senate stand in recess until the hour ple don't argue about the costs." Government of the Republic of Cyprus of 11:30 a.m. on Monday next. Arguing that insurance benefits should be prenegotiated so that doctors and hospitals for the avoidance of double taxation and The motion was agreed to ; and the would be encouraged to hold costs down, the prevention of fiscal evasion with re- Senate, at 2:27 p.m., recessed until Mon- Fine said the present insurance system— spect to taxes on income, together with a day, May 19, 1980, at 11:30 a.m. subsidized by business and industry—keeps related exchange of notes, signed at driving costs up. Nicosia on March 26, 1980. For the infor- "When you have insurance, the cost is mation of the Senate, I also transmit the NOMINATIONS double," he said. "Chrysler in this country report of the Department of State with pays $2,500 per worker for health benefits, respect to the Convention. Executive nominations received by the but Chrysler in Canada pays one-third th a t". The Convention generally follows the Senate May 16, 1980: pattern of the United States model in- IN THE ARMY come tax convention, with certain de- The following-named officer under the pro- ORDER TO PROCEED TO CONSIDER- partures to accommodate aspects of visions of title 10, United States Code, sec- ATION OF H.R. 6081 ON MONDAY tion 3066, to be assigned to a position of im- Cypriot law. In addition, special provi- portance and responsibility designated by the Mr. ROBERT C. BYRD. Mr. President, sions included in the Convention assure President under subsection (a) of section I ask unanimous consent that on Mon- that any concessions granted by the 3066, in grade as follows: day, following the swearing in of the United States accrue to the benefit only To be lieutenant general new Senator, the Senate proceed to the of residents of Cyprus and not to third Maj. Gen. Roscoe Robinson, Jr., country residents. xxx-xx-x... consideration of Calendar Order No. 654, xxx-... , Army of the United States (brigadier H.R. 6081, an act to amend the Foreign The Convention also provides that the general, U.S. Army) . Assistance Act of 1961 to authorize as- business profits of a resident of one coun- IN THE NAVY sistance in support of peaceful and try may be taxed by the other only if they Vice Adm. Robert B. Baldwin, U.S. Navy democratic processes of development in are attributable to a permanent estab- (age 57) , for appointment to the grade of vice Central America. lishment in the other country. In addi- admiral on the retired list pursuant to the Mr. STEVENS. Mr. President, reserv- tion, an individual who is a resident of provisions of title 10, United States Code, ing to object, and I shall not object, it is one state may be taxed by the other state section 5233. my understanding there is no time on income from personal services per- Vice Adm. James H. Doyle, Jr., U.S. Navy agreement on that. (age 55) , for appointment to the grade of vice formed in the other if certain tests are admiral on the retired list pursuant to the M r. RO BERT C. BY RD. That is met relating to the nature of his prefer- provisions of title 10, United States Code, correct. ence in that other country. section 5233. 11582 CONGRESSIONAL RECORD-SENATE May 16, 1980

IN THE NAVY Arthur O. Cravets James E. Henshaw Gerald L. Miller Don F'. Schafer, Jr. Vice Adm. Charles H. Griffiths, U.S. Navy, John D. Cummings Denni,:; B. Herbert George J. Miske Thomas A. Scheib (a.ge 58) for appointment to the grade of vice Gary J. Cummins Leslie B. Herman Stuart J. Mock Edward C. Schriber admiral on the retired list pursuant to the Jack W. Cunningham Donnie H. Hester John R. Moore Ernst U. Schultes provisions of title 10, United States Code, Ronald J. Curtis Milton J. Hester William O. Moore, Jr. Bruce A. Schwanda section 5233. Reid E. Dahart Francis E. Heuring Joseph G. Morra Richard E. Schwartz Vice Adm. Robert Y. Kaufman, U.S. Navy, William M. Dale David A. Higley Joseph J. Morrisey ill Thomas E. Schwartz (a.ge 56) for appointment to the grade of Ronald M. Damura -Steven M. Hinds Micha.el J. Moss James E. Secrist vice admiral on the retired list pursuant to Walter E. Daniell Howard M. Hoffman Joseph F. Mullane, Jr. Vytautas S. Senkus the provisions of title 10, United States Code, John J. David Marvin T. Hopgood, James E. Murphy Merlyn A. Sexton section 5233. Douglas M. Davidson Jr. James W. Murphy W1lliam C. Shaver Vice Adm. John H. Nicholson, U.S. Navy, W1lliam A. Davidson David Howe William F. Murphy Stanford E. Sheaffer (age 55) for appointment to the grade of m Merlin R. Huckemeyer John D. Murray John D. Shinnick vice admiral on the retired list pursuant to Charles R. Davis Stanley P. Huey, Jr. James M. Mutter Michael F. Shisler the provisions of title 10, United States Code, Peter K. Davis Robert A. Hughes Lonnie M. Myers Raul A. Si!uentes section 5233. Stephen M. Day Charles H. Ingraham, Richard I. Neal Gordon F. Smith The following-named officer having been Walter S. Deforest Jr. David W. Nelson Ronald L. Smith designated for command and other duties Conrad A. Delateur Jr. Thomas R. Irvine Ronald S. Neubauer Stephen K. Smith of great importance and responsib111ty in the Gerald L. Dereberry Grant G. Jacobsen Robert G. Nunnally Frank R. Soderstrom grade of vice admiral within the contempla­ James A. Derrico Jr. James W. Jacobson Ronald c. Oates William R. Spicer tion of title 10, United States Code, section Kenneth W. Dewey Roger M. Jaroch Donald J. O'Connor Robert c. Springer 5231, for appointment while so serving as Bruce H. Dewoolfson Gordon R. Jefferson George W. O'Dell Ray L. Springfield follows: Jr. Gerald O. Jenson Thomas F. O'Malley, Michael A. Stankosky To be vice admiral Willlam J. Dibello Robert J. Johnson, Jr. Jr. Gregory C. Steele Gary D. Dockendorff Paul S. Johnston Rear Adm. Gordon R. Na.gler, U.S. Navy. Kevin P. O'Mara Thomas W. Steele Richard E. Donaghy John N. Jolley, Jr. Edward P. O'Neill Eugene A. Steffen The following-named officer having been Robert J. Dougal Virgil W. Jones, Jr. Vincent E. O'Ne111 Louis c. Stengel III designated for command and other duties of DaVlid Douglas III David A. Jones James M. O'Rourke, Joseph D. Stewart great importance and responsib111ty in the James J. Doyle Jr. Fred L. Jones Jr. Raymond A. Stewart, grade of vice admiral within the contempla­ John B. Dudley III Gerald W. Jones tion of title 10, United States Code, section Fred Palka Jr. Thomas M. Early Thomas L. Jones Paul A. Pankey Charles R. Stichter II 5231, for appointment while so serving as Edgar J. Easton Jr. Louis S. Jumbercotta., W1lliam A. Parker W1lliam A. Stickney follows: Thomas R. Edmunds Jr. To be vice admiral David N. Pedersen Roy J. Stocking, Jr . • Larry M. Edwards John F. Juul James P. Pennell James F. Stodola Rear Adm. Steven A. White, U.S. Navy. W1lliam E. Egen Patrick J. Kabler Jack F. Perry Edward G. Stuckrath, Rear Adm. John S. Jenkins, Judge Advocate Sidney A Eilertson Richard J. Kalata Kenneth B. Petersen Jr. General's Corps, U.S. Navy, to be Judge Ad­ George :K. Eubanks William M. Kay Robert L. Peterson Robert J. Sullivan vocate General of the Navy with the rank Leroy B. Evans James H. Kean W1lliam E. Phelps Russell H. Sutton of rear admiral, for a term of 4 years pur­ John P. Farrel Arthur J. Keener John D. Phillips Charles T. Sweeney suant to title 10, United States Code, section Mark F. Felske Robert F. Kehres Arthur J. Picone, Jr. Jerry K. Taylor 5148 (b) and (c). George I . Felt, Jr. Thomas W. Kelly Ido E. Pistelli Robert 0. T1lley Rear Adm. Thomas J. Hughes, Jr., U.S. Raymond W. Fesper- Norman G. Kerr WUliam E. Platz Anthony P. Tokarz Navy, to be Director of Budget and Reports man Robert E. Kiah, Jr. Gerald J. Polyascko Robert E. Tschan in the Department of the Navy for a term of Dennis M. Finnance Lynn J. Kimball Corbett G. Pool Phillip E. Tucker 3 years pursuant to title 10, United States William C. Fite Kenneth J. Kiriaco- Michael E. Popelka Frank L. Turner Code, section 5064. Dennis R. Fitz poulos Stephen P. Porcari, Jr. Charles G. Tyrian, Jr. Donald F. Fix Robert H. Kirkpatrick IN THE Am FORCE Harry P. Porth, Jr. Gary R. Vangysel Joseph G. Flynn Jr. David G. Pound Robert A. Vanhouten, The following-named Air Force cadets to Walter H. Flynn, Jr. Edward J. Kline James M. Puckett Jr. be permaneht ensigns in the line of the U.S. Phllip A. Forbes John E. Knight, Jr. Charles J. Pyle George M. Vanorden Navy, subject to qualification therefor as W1lliam R. Ford David E. Knop provided by law: Robert H. Railey Richard H. Voigt William A. Forney Lawrence C. Kutchma Don T. Reed James A. Vollendorf Joseph M. Sample David E. Foss Alexander E. Lancast- Alvin D. sears Henry L. Reed John M. Wagner Donald R. Frank er Robert E. Reedh111, Jr. Alfred J. Walke IN THE MARINE CORPS Paul A. Fra.ta.rcangelo Shelton F. Lankford Claude W. Reinke Earl P. Wall1s The following-named male officers of the Dennis B. Fryrear Robert L. Larkin Robert R. Renier George H. Walls, Jr. Marine Corps for temporary appointment to Randolph A. Ga.ngle James H. Lavelle Larry D. Richards Larry L. Weeks the grade of lieutenant colonel under the David P. Garner Will1am F. Lawlor, Ill David A. Richwine Edwin W. Welch provisions of title 10, United States Code, Dixon B. Garner Walker M. Lazar Clarence C. Riner m Daniel T. Wellman, Jr. section 5769: Jerald B. Gartman Charles D. Lea James P. Riordan Ronald R. Welpott Paul R. Aadnesen Randolph H. Brinkley Charles L. George Harry E. Lee, Ill Joseph W. Robben, Jr. Robert F. Wemheuer Michael C. Abajian John F. Brosnan, Jr. Jerry R. German Jay C. Lillie Lawrence R. Rob1llard William D. Wester William G. Adamaitis Neil J. Bross Wayne M. Gibbons Stephen E. Lindblom Gary H. Robinson David L. White John L. Adkinson, Jr. Donald P. Brown Walter M. Gibbs David B. Littell George R. Robison Harold B. Wilber John H. Admire Roland J. Brunelle Woody P. Gilliland Junior D. Littlejohn Richard J. Rochford John K. Williams Allan A. Algoso, Jr. Kenneth T. Brunsvold Roger H. Gingrich, Jr. James L. Lucas Bob B. Rodgers Monroe F. Williamson Jose G. Alonzo John D. Buckelew John T. Gipson Brice R. Luedtke Thomas J. Romanetz Robert T. Willis Granvllle R. Amos Raymond M. Burns James P. Gleason Herbert G. Lyles Herbert G. Roser Gordon R. Willson Charles W. Anderson John G. Burns Robert E. Godwin Bertie D. Lynch George A. Ross Jeffrey A. Wilson Denis J . Anderson, Jr. Jerry R. Cadick Humberto Gonzalez Douglas C. Maccaskill Peter R. Rounseville Mansel M. Wood Lee H. Anderson W1lliam L. Cadieux Jerome E. Goodrich Rudolph J. Maikis Glenn W. Russell, Jr. La.nee P. Woodburn Joseph U. Arroyo David L. Caldon John H Grant Robert M. Mallard Victor M. Russillo John A. Woodhead III John P. Aymond, Jr. Charles M. Calhoon Donald ·A. Gressly Michael G. Malone Kenneth S. Russom Robert E. Yeend Lorenzo R. Bancells Wallace L. Campbell Richard H. Griffin John M. Maloney Bernard R. Rusthoven Paul D. Young Barry V. Banks Jack R. Campbell, Jr. Gordon H. Gunniss D!l.vid P. Martin Edward M. Rynne Anthony C. Zinni William L. Barba Ray G. Canada Clarence L. Guthrie, Edward G. Massman William J. Sambito Lawrence M. Zipsir Charles E. Barnett W1111am D. Carr, Jr. Jr. Robert L. Matlosz Durward T. Savage James B. Barr John R. Carswell Il David I. HabermacherFrederick H. Matthys, The following-named male omcers of the William E. Bartels, Jr. Thomas W. Carter III Jr. Jr. Marine Corps Reserve for temporary appoint­ Merrill L. Bartlett Hubert L. Causey Samuel T. Hall Robert E. Mattingly ment to the grade of lieutenant colonel Dennis D. Beckman Charles W. Cheatham James c. Hallman II Patrick J. Mccann under the provisions of title 10, United States Raymond H. John A. Cirie James W. Hardy James E. Mcclenahan, Code, Section 5769: Bednarsky Philip C. Cisneros Joe M. Hargrove Jr. Gary H. Fors Thomas W. Ka,ugher, J . Robert A. Beeler John R. Clickener Robert L. Hauison Daryl S. Mcclung, Jr. W1lliam J. Gwaltney Antonio Scenna Thomas M. Beldon William H. Climo Jr. Richard T . Harry Stephen R. McComb Michael C. Bell · Michael H. Collier James G. Hart John J. McDermott The following-named women officers of the Rudy W. Bernard Joseph P. Colly Eric E. Hastings Thomas C. McDonald Marine Corps for permanent appointment Richard J. BlanchfteldGeorge M. Connell Orville E. Hay John C. McGee to the grade of lieutenant colonel under the Carl R. Bledsoe David C. Corbett Stanley E. Haynes John P. McMahon provisions of title 10, United States Code, Andrew J. Blenkle Ronald J. Coulter W1llia.m E. Healy Thomas H. Meurer Section 5771 : Donald E. Bonsper Thomas N. Cox Hans R. Heinz Gary G. Meyers Harriet T. Conway Janice C . .Scott Thomas A. Bowdltcfh Merle L. Crabb Phillip R. Hemming Perry W. Miles, Ill Dolores R. Gresham Ruth D. Woidyla John T. Boyer Thomas P. Craig, Jr. Roger M. Henry Donald J. M1ller, Jr. Lillian Hagener