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Ptret“aWestions (thus abo A A ‘torle power’ of to rule on ‘ tinency); tevive al ciate antidedition. on. ‘Jaws struck down. by the Nelson deci- sion, and make unist prosecution . easier by rede Smith Abt terms _ Which the Court read Rarrowly in - the Yates case last vaar oo i ro iw . W. Smith {D-Va.), author of the Smith - gtates, or unless there is wa ~ . Acts of Congress, — ea | The Senate Democratle enter iD Te fused to call up the Jenner-Butler bill for debate. It sat on the. Senate | foor iike a time bomb for more than. three mon MEANWHILE, ON’ the “House aide Judiciary Chairman Emanuel Celler (D-N. Y.) was sitting on HR 3, which as its number indica early on the first day of the 1957 ses- sion. Fhe Jenner bill took the hardest direct poke at the Court, but if the opponents’ prophecies were correct, HR 3 would have had more far: Teaching effects, — HR 3 was introduced by. Rep. Howard to prosecute subversion against the Federal Government, The Court had struck down the state sedition laws in the Nelson case because it decided that Congress had intended to give the Fed- eral Government exclusive jurisdiction (7 in the field by passing the Smith Act. Smith's bill said that no Act of Con-' gress should be constried as pre empting a field unless it specifically so such a con- flict between state and Federal laws that they cannot stand together, Opponents sald that the bill would curb the Court’s role of interpreting More portant, “since the bill was retroactive they , feared that it might strike down or at ” least cause_endless litigation over Fed- ’ eral _ where uniformity rograms in areas -essential, - Congress rarely writes a specific pre- _ Tegulatory ' emption clause into a bill. Had HR & become law, opponents sald, it might have undone 156 years of Federal reg- ulation in every field and let the states set their own rules. Celler said it would “take us back to the Articles of Con: | federation.” The Justice Dee : shuddered at the thought of the bill becoming law. . \ ‘ The Smith bill was finally blasted-, past Celler to the House floor where it was passed easily in July and was sent to the Senate, The Senate . Judi- clary Committee struck out the retro - -active feature and sent it to the floor. where it sat beside the Jenner-Butler’ ; bil. .. a eee . ‘ laws. Still another was the M eee Sf ed "te ‘BOTH HOUSES were also consider. ‘ing more limited s bills which simply” would have revived the state sedition shtery-Ditl Sa ee Cn ae ae 1] s was introduced ’ (thus abolishing-rarm. pRWTgIGN” that arPagnmene Jalone would not be grounds t to dnvalh, ; date a confession..- ; eet.) Seen ton that delay in Pal + 7. Finally “on the waccaag before’ tthe Saturday night adjournment, Sen-’ “ate Majonty Leader Lyndon B. John-. Hed on tha Mallors hill far da: iH Sent oe ——~ ema, ‘bate, It was ; passed and sent to confer- | i ence with the House by ‘a vate of 65-12. | Jenner got his bill before the Senate _ Wednesday by offering it as an amend: | 7 ee) Gpog Ghowaogesis siwup cua - ae" fe homie mak ‘ment to a minor bill which had been. ' made the pending business. . The floor fight against the Jenner: | ; Butler bill was led by Sen. Thomas C. Hennings Jr, ()-Mo.) and Sen. John A. — Carroll: (D-Colo.). _Hennings said that . the real purpose of the Bill w was to “visit - retribution upon the Supreme Court for ; some of its past decisions and to put a | foot in the door in anticipation of future < attempts to strip the Court of its Juris: : diction whenever there is disagreemen i with its decision.” si. od . The Jenner bill was killed, 49-41, ‘on | a motion to table it, which means to postpone action indefinitely. Hennings" hinted broadly that the liberals would | aye a filibuster if the bill wasn't, set | THEN: THE Nelson. bill was brought fe and Sen. Sonn L. MecCiellan (D-Ark} fered HR'3 as an amendment. Ca. ' i's motion to table it was bea 46-38. Johnson promptly forced the | Senate to adjourn overnight while he | tried to pull things together. . \ After a day-Iong debate. Thursday | and nimble work in the cloakrooms by | Johnson, the Senate voted, 41-46, to kill HR 3 by sending it back to com- together, the Nelson bili went with it. But the last straw for the Court oppo- nents was that even the Mallory bill flopped in the closirtg minutes of the. session, after it had been guided through conference and was repassed by the House. Thede'a point of order that the conferees, in trying to define “reasonable,” had added new substance to the bill. The apresiaing officer upheld him. The Mallory bill and all the rest of them were dead. The Court fight was over for this vear. HERE IS the 49 to 41 roll call by Jenner-Butler bill to curb and reverse 4 the Supreme Court. The vote was on a’ motion to table the bill. . aided Democrats For_-30 “ ‘he | ea ec ad Ray WE Sar tile Ae tl EAE Ped mittee. And since they were hooked ‘ tad Se el * which the Senate on Aug. 20 killed the | _ Republicans eae 7 nial Thang Hea prionper (ews) Not Voting—s aa Wiley ee Pa tees Willams: ipeld ‘ arn A We BE ee nounced In favor of tabling: Payne _[ | ie Kon wot ahead dere amt to tabling: Freer (D-beat sie THORS ai Fle. i Smathers (DF lai). ndare (Vile © whe eee ES iran