The Evening Star (January 3, 1947)
Democrat blocks Bilbo seating; fight delays Senate organizing
Taylor gets jump on GOP, offers resolution first
By J. A. O’Leary
Sen. Bilbo (D-Mississippi), storm center of two Senate investigations, was barred temporarily from taking the oath of office today while members of his own party fired the opening guns in the fight to prevent him from being seated.
Although the move to prevent Mr. Bilbo from being sworn in had been heralded by his Southern colleagues as a Republican plot to win the 1948 presidential election, it unexpectedly became a Democratic performance on the opening day.
The Republicans had a motion ready to bar the Mississippian, but a Democrat, Sen. Taylor of Idaho, got the jump on the GOP by offering a barring resolution first.
Overton proposes substitute
After the Westerner had spoken for more than an hour, the next move also came from the Democratic side. It was in the form of a substitute by Sen. Overton of Louisiana proposing that Sen. Bilbo be permitted to take the oath, without prejudice, pending a final decision on charges that he encouraged the denial of voting rights of Mississippi Negroes and accepted money and gifts from contractors he had aided in getting war business.
During the speeches of Sens. Taylor and Overton, Sen. Bilbo listened quietly. Packed galleries watched the tense scene on the floor.
After Sen. Overton offered his substitute resolution, Sen. Thomas (D-Oklahoma), a Bilbo supporter, immediately demanded a roll call to determine whether a quorum, or majority, of the members was present. This was regarded as a time-consuming device.
The call showed 52 senators present.
Several Republicans, including Sen. Taft of Ohio, sought a chance to speak, but retiring Senate Secretary Leslie Biffle, who presided, recognized Sen. Overton.
Taft seeks to delay debate
Sen. Taft proposed that the Senate be allowed to organize, hear President Truman’s message Monday and then debate the Bilbo case at length.
This was objected to by Sen. Overton, however, who pointed out that would permit the swearing in of all the other senators-elect and increase the Republican vote.
The battle over Sen. Bilbo held up all other steps in the organization of the Senate, and kept 35 other newly-elected Senators cooling their heels also while the debate went on. These newcomers, as well as Sen. Bilbo, may sit on the sidelines, but cannot join in the debate or voting on the seating of the Mississippian.
Only one new senator, former Gov. Baldwin (R-Connecticut), was sworn in. His name was the only one that came ahead of Bilbo alphabetically.
Filibuster threat denied
Senate leaders had no idea this afternoon whether it would take a day, a week or longer to reach a showdown vote on the Bilbo seating moves. The time will depend entirely on how long a group of Sen. Bilbo’s Southern colleagues talk. They denied threatening a filibuster, but said they expected a few days of debate.
In his opening speech Sen. Taylor defended the right of free speech, but asserted that “intimidation and violence cannot masquerade as free speech; indeed, they destroy the freedom of the electorate.”
Further on Sen. Taylor declared; “I do not exaggerate when I say that at this moment the honor and prestige of the Senate hangs in the balance. To millions of Americans who have not previously evinced an interest in politics, today’s action will alone determine whether this body is worthy of respect as the highest legislative body of a free people, or whether this body will fall into disrespect.”
Before the floor fight began, 14 Democrats from the South and border states had organized to fight for the seating of Sen. Bilbo “without prejudice” pending final disposition of charges against him.
Endurance battle seen
Sen. Ellender of Louisiana, spokesman for the Southerners, insisted there was no talk of filibuster, but all signs pointed to an endurance battle.
If supporters of Sen. Bilbo should resort to unlimited debate to prevent a vote on barring the Mississippian – thereby tying up all other Senate business – the only weapon leaders have is to keep the Senate in continuous session to wear out the talkers.
After some preliminary parliamentary maneuvering, the first showdown came when Mr. Biffle announced he would call senators-elect alphabetically.
Senator-elect Baldwin was sworn in without objection.
Escorted by Overton
Meanwhile, Sen. Bilbo, wearing a brown business suit and a bright-colored necktie, had moved to the back of the center aisle. Although his colleague from Mississippi, Sen. Eastland, was seated only a few feet away, it was Sen. Overton who moved over to escort Mr. Bilbo down the aisle. Ordinarily, a senator-elect is escorted by his colleague from the same state.
Sen. Bilbo’s name had scarcely been uttered by the clerk when Sen. Taylor was on his feet, shouting, “Mr. President,” and holding forth a copy of his resolution.
Sens. Bilbo and Overton proceeded down the aisle to the rostrum where the oath is administered, but that was as far as they got. The parliamentary wrangling began over whether Sen. Taylor’s resolution was in order.
Sen. Ferguson (R-Michigan), who took the lead in investigating Sen. Bilbo’s relations with war contractors, made the point that someone should have moved to swear in Mr. Bilbo first.
Resolution ruled in order
Secretary Biffle ruled, however, that the Taylor resolution was in order and the debate began.
The Taylor resolution recited the two sets of charges against the Mississippian – racial discrimination and dealings with war contractors. It concluded with the statement that the seating of Sen. Bilbo pending disposition of these charges would be contrary to public policy, harmful to the dignity of the Senate and dangerous to the perpetuity of free government.
The swearing in of Sen. Baldwin gives the Republicans 29 votes to 31 holdover Democrats. There are reliable reports, however, that when the showdown comes, at least 10 Democrats will join with the Republicans to bar Sen. Bilbo pending final decision on the charges against him.
Following the strategy meeting of Southerners this morning, Sen. Ellender charged that the Republicans, “drunk with power,” are trying to “lynch” Sen. Bilbo.
“There is no question in my mind that what is causing all this is that the Republicans see dangling before their eyes the presidential election of 1948 and are making every effort to capture” the Negro vote, said Sen. Ellender, in whose office the meeting was held.
Willing to spend few days
Sen. Ellender also told a press conference he had been “reliably informed” that over two years ago that Sen. Ferguson made a statement that he was going after Bilbo and get him.
Sen. Ellender described Sen. Ferguson as the “chief interrogator” of Sen. Bilbo in the Senate War Investigating Committee probe of the Mississippi’s relations with war contractors.
The Louisiana senator protested that “there has been no talk of filibuster, but it was proposed if necessary to spend a few days to develop the law and precedents.”
Sen. Ellender said then it may be possible “after a reasonable debate has been had that we may ask for a vote on a substitute motion to seat Sen. Bilbo without prejudice.”
He did not say definitely, however, that there would be a vote after two or three days.
Message poses problem
Asked by a reporter what would happen to plans for President Truman to deliver his message to Congress Monday, Sen. Ellender snapped back:
“Ask Senator White.” (Sen. White is the Republican floor leader and is scheduled to offer the stand aside resolution.)
Later, Sen. Ellender said he would have no objection to an agreement to lay the Bilbo matter aside long enough to hear the president, but was wondering how the Senate could do that since it would not be organized for business until the swearing in of new senators have been completed.
Sens. Hatch of New Mexico and Thomas of Oklahoma were the only members from outside the solid South who attended the strategy meeting. Sen. Hatch made it clear to reporters that he never takes part in filibusters but indicated that he would oppose stopping Sen. Bilbo at the door, on the ground that the senator ought to have a chance to be heard on the charges against him.
Others who attended the meeting were:
Sens. Maybank of South Carolina, Johnston of South Carolina, McClellan of Arkansas, Russell and George of Georgia, Overton of Louisiana, Connally of Texas, Hoey of North Carolina, Stewart of Tennessee, and Senators-elect Robertson of Virginia and Holland of Florida.
The opening move is not an attempt to render a final verdict on Sen. Bilbo. It is merely a motion to keep him from being sworn in until the Senate has time to debate and pass on the two sets of charges against him.
Accused of accepting money
These are that Sen. Bilbo accepted money, gifts and services from war contractors and that he encouraged whites in Mississippi to keep Negroes from voting.
The full Republican membership of 51 voted late yesterday to oppose the seating of Sen. Bilbo today.
Sen. Taylor said he had been assured that ‘‘a very substantial number” of his party would vote to bar Sen. Bilbo.
Sen. Maybank left no doubt that a filibuster would be attempted in Sen. Bilbo’s behalf if he is challenged. The South Carolina senator said he would begin by reading every word of Senate committee investigation records concerning Sen. Bilbo. He declared various other Southern Democrats were ready to debate the issue “a week or longer.”
Could snarl GOP schedule
This could snarl Republican efforts to organize the Senate on the opening day, but would not necessarily defeat the GOP effort to deny Sen. Bilbo his seat at this time. It also could interfere with the reading of President Truman’s annual message Monday. Sen. Bilbo told reporters he wouldn’t like to stand in the way of the message, but he would not voluntarily stand aside for that or any other reason if it meant being barred from taking the oath.
“Republicans at least could let me take the oath without prejudice and then make charges later if they wanted to,” he declared. “Every man is entitled to his day in court. If I am not sworn in, I have no right to talk. I should be represented by myself to answer charges.”
The Republicans, however, have taken the position their action today is not to pass judgment on the merits of charges heard against Sen. Bilbo but to see that he does not take the oath until such time “as the full matter can be put before the Senate.”
Sen. Millikin of Colorado, chairman of the Senate Republican conference, explained last night that “nothing will be finally decided as to the Senate’s ultimate action in the Bilbo case.”
GOP claim necessary votes
He and Sen. Taft, chairman of the Republican Senate Steering Committee, described the Republican approach as nonpartisan and unbiased. They and other GOP members indicated certainty that they have sufficient Democratic votes and all Republican votes to block Sen. Bilbo.
Several Democratic members commented privately after yesterday’s party conference that enough Democrats would side with Republicans to prevent Sen. Bilbo from being sworn in today. The Democratic conference discussed the whole situation but took no action on a proposal by Sen. Ellender that they go to bat for Sen. Bilbo.
Before the Senate met, each member and prospective member received from the National Lawyers’ Guild a brief contending “there is ample legal evidence to support the right of the Senate to exclude Sen. Bilbo.” The basis for such exclusion, the brief contended, is even stronger than those found sufficient to exclude Frank L. Smith of Illinois and William S. Vare of Pennsylvania. Those two senators-elect were excluded from the 70th Congress on charges of excessive campaign expenditures.
Sen. Bilbo’s office did not get a copy of the brief, but the senator himself had a long day of conferences and study of procedural questions. He professed to be calm and unworried late last night and remarked to reporters: “I wouldn’t be surprised if we have a busy opening day. You’d better be around tomorrow.”