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Supreme Court — Part 27
Page 14
14 / 83
*.
>
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0-19 (Rev, 7-16-58)
‘ The Washington Mérry-Go-Roni
ourage
ia es
Co ie rete
OP pee eg
In Vote
6. *
; UNFORGETTABLE ‘scenes
: Were stamped on the minds}
“of Senators as the last weary]
‘ days of the 85th Congress
: dragged to a
"close. Most
. poignant of all
, Was the 4140°'%
, Vote to table ag
_ the resolution &
, curtailing the.
oOwers of the:
Supreme
_Court. As the
“vole was an-
o nounced John .'y
cClellan of earson
.Atkansas trem- P :
‘bled. Perspiration stood out §
on his forehead. He was white B
with anger... Twenty years
before, another Arkansas Sen-|B
ator had stood on the Sengte'#
‘power of the Supreme Court aq
leader, Joe Robinson of Ar- |i
* Kansas was loyal to his chief
_ in the White House, and when
‘ President Roosevelt . intro-
duced his court-packing bill,
. Robinson fought for it.. .His
. heart, however, was never in
< his argument. His heart. was
; with his southern friends, Sen-
; ator “Jimmy” Byrnes of South§
Carolina, Harry Byrd of Vir-
; ginia, Walter George and Dick
‘Russell of Georgia, .- -
; So Robinson, overworked
_and heartsick, died during the
‘court battle. His heart failed
‘him . - Last week Joh: Me-
‘Clellan, "tired from the long
Hoffa hearings, looked as if
he might collapse as the one-
vote margin to prapanuethe in
dspenuerte of the court was
Fas
5 'C SEP 9° 1958
e ‘on Court
on _ By Drew Pore A 2he
i “nullification” os
“¢ ginia looked calm. Twenty|
Mfcyears before he had battled
r against Roosevelt to keep the
floor also arguing that the ime
‘ must be curbed. As majority a
, oa
ak |Rrecping testy
‘Shown fncering eid. Oe
ily they reused this a:
iNorth-South Democratic bat,
itle, oné which would play up
_the split inside the Democratic
‘Party .. . Unkindest vote of
all came from Sen. Kuchel of
California, Republican. He
threw’ in, his lot with thi
enemies of Chief Justice War-
ren, though it was Warren,
‘when Governor of California,
lwho appointed Kuchel to the
Senate . Margaret Chase
Smith of Maine, the only lady,
lined up against the court
which had supported her in
various, decisions on McCar.-
thyism ; : . Gore of Tennessee]:
took the easy course; his col-
league. Kefauver the hard
course. Kefauver’s vote for
the court was one of only three
from the South. Gore had just]:
been assured of reelection.|.
Kefauver comes up for reelec-|§
tion in 1960. His vote took real
courage. So did the votes of
Johnson and Yarborough, of]:
Texas, —
What ‘is courage? The word
“courage” was, tossed’ arohnd
the Senate floor like a basket-
ball. Almost every Senator
was complimenting almost
every other Senator on his
great courage. Most of them
had shown no great courage.
It_ takes no -courage for a
No thern Senator representing
egrd bloc of big city voters
to Tine up for civil rights or
for the Supreme Court. In con-
> one
announcd:,.. . Senator Strom
Theenrond= of " SoutheCacolipa
was not so emotional. But be-
hind’ his flashing eyes and
stern features you could s
the same emotions that must
have welled up in another fam-),
ous South Carolinian, John C.&
Calhoun, as he championed,
. Byrd of Vir-|
‘Supreme Court independent.
:Three years before he had
joined with all of Virginia in
payitig tribute te John Mar-
shall, who as Chief Justice had
established, in his fight with
Jefferson, the independence of
the Supreme Court. .
. Grandson of a slave holder,
‘Sen. Tom Hennings of Mls-
-souri, whose great grandfather
“held more slaves than any
other plantation owner in
Georgia and whose grand-
father was an officer in the
Confederate Army, led - the
Senate argument for the court.
“In. these late anys of the
session,” he said, “the Senate},
may be doing something which| |trast, Kefauver - Yarborough-
will plague not only the Sen-). |Johnson votes did take cou:
ate, but the people of the coun.| | ,7#8e- Johnsen even persuaded
try, other Senates and other ‘George Smathers of Florida,
Cohgresses for years to come,”|.| Who was against the court, to
. Sen. John Carroll of Colo-| | pair with Mike Monroney_ of
irado supported Hennings. . Oklahoma who, though for
, Silent Rep 4 court, was absent. This gave
bat, iefly between Dem. ‘| the one-vote margin needed
| ose fepublicans voted)
for the court... Furthermore,
Johnsqn had persuaded Sens.
Bob Kerr of Oklahoma and
‘Allen Frear pf Delaware, both
Democrats who would have|
vated against the court, to re-F
main.in the cloakroom and not
vote. As the vote was taken,
‘Democratic Whip Mansfield of |!
x ontan ; announced:
enator from
L 2. 228 WS Fs: 5 - It '(Frear), the Senator from Flor-|'
da (Holland), and the Sena-
— an DED ors from Oklahoma*(Kert and
NOT 8 1958 Mora from ( are ‘absent on offi-
184 SEP ial business.” This was not
exactly true.. Holland was
yorida campaigning frantica
for his renomination, whit
ery and Frear were in’
ele..Room __
Holloman
Gandy —__.__
Wash. Post and LA
Times Herald
Wash, News
Wash. Star
N. Y. Herald —___
Tribune
N.Y. Journal-___
American
N.Y.
N, Y,
N.Y.
Mirror
Daily News ___
Times
Daily Worker
The Worker
New Leader
Date
AUG 27 1958
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