Final Vote Condemns M'Carthy, 67-22, For Abusing Senate and Committee; Zwicker Count Eliminated in Debate

Republicans Split


Democrats Act Solidly in Support of Motion Against Senator


By ANTHONY LEVIERO

Special to THE NEW YORK TIMES

 

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Washington, Dec 2--The Senate voted 67 to 22 tonight to condemn Joseph R. McCarthy, Republican Senator from Wisconsin.

Every one of the forty-four Democrats present voted against Mr. McCarthy. The Republicans were evenly divided--twenty-two for condemnation and twenty-two against. The one independent, Senator Wayne Morse of Oregon, also voted against Mr. McCarthy.

In the ultimate action the Senate voted to condemn Senator McCarthy for contempt of a Senate Elections subcommittee that investigated his conduct and financial affairs, for abuse of its members, and for his insults to the Senate itself during the censure proceeding.

Lost in a day of complex and often confused parliamentary maneuvering was the proposal to censure Senator McCarthy for his denunciation of Brig. Gen. Ralph W. Zwicker as unfit to wear his uniform

This proposal was defeated by a parliamentary device that avoided a direct vote on the merits of the issue. Inquiry among influential Senators indicated they considered the Zwicker proposal a dilemma they wished to avoid.

Amendment Substituted

They said they wished to censure because the facts warranted it. If they failed to do so, they believed large elements of the public would feel the Senate took notice of offenses only against itself and not against ordinary citizens.

But also if they did censure for this, then Senator McCarthy could exploit the decision, contending he was being punished for his effort to expose former Maj. Irving Peress, the Army dentist who was promoted and honorably discharged, and who was denounced by Mr. McCarthy as a "Fifth Amendment Communist."

Mr. McCarthy's denunciation of General Zwicker, who was commanding officer at Camp Kilmer, N. J., when Dr. Peress was discharged, occurred when the Senator interrogated General Zwicker on the question of who had promoted Dr. Peress.

The direct test on the Zwicker issue was avoided by the substitution of the amendment to condemn Senator McCarthy for having insulted the Senate during his censure trial.

McCarthy Loses Three Tests

Thus in its final form the resolution of condemnation was in two parts, covering the offenses against the Elections subcommittee and its members in the first part, and against the Senate in the second. Three test votes were all lost by Mr. McCarthy before the final condemnation.

First was a motion to table the Zwicker proposal, made by Senator Styles Bridges, Republican of New Hampshire, the president pro tem of the Senate, who assumed the leadership of the effort to save Mr. McCarthy yesterday.

Such a motion, if it had succeeded, might have led to a situation that would have prolonged the debate.

But amid signs that the Zwicker issue would have tough sleddings, Senator Wallace F. Bennett, Republican of Utah, served notice that if Mr. Bridges' move were defeated he would attempt to substitute for the Zwicker issue his amendment for abuse of the Senate. The significance of this was that an amendment by substitution would require no time out for debate.

Then the voting proceeded. The motion to table was defeated 55 to 33. Mr. Bennett's motion to substitute passed by 64 to 23 and in the next vote his amendment was adopted by the same tally.

The final vote placing Mr. McCarthy under moral condemnation by the Senate came at 5:03 P.M.

The moment of decision was something of an anti-climax after days of emotional and bitter debate. It was punctuated by mocking laughter from the hard core of Mr. McCarthy's adherents.

The accused Senator was present, but he was not led to the bar of the Senate to hear any punishment. Instead Mr. Bridges arose from the coterie in the vicinity of Mr. McCarthy and asked Vice President Richard M. Nixon if the word "censure" appeared anywhere in the resolution in its final form.

Laughter from Senator William E. Jenner, Republican of Indiana, and one of Mr. McCarthy's most vociferous supporters, resounded through the chamber. Senator McCarthy was grinning. Senator George W. Malone, Republican of Nevada, standing by Senator Jenner, was laughing, and so was Senator Herman Welker, Republican of Idaho, sitting beside Mr. Jenner, who all through the debate made the running defense for Mr. McCarthy.

Mr. Jenner guffawed loudly again as Mr. Nixon, after examining the text with a clerk announced the word "censure" was absent. The document used the word "condemned" in each of its two parts, it was explained.

"Then it is not a censure resolution," said Mr. Bridges, who by virtue of his office presides over the Senate when Mr. Nixon is absent. He also asked if condemnation was censure.

Fulbright Reads Definitions

"The resolution does concern the conduct of the junior Senator from Wisconsin," replied the Vice President. "The interpretation must be that of the Senator or any other Senator."

Then Senator J. William Fulbright, Democrat of Arkansas, rose with Webster's International Dictionary before him and read definitions of condemn and censure amid general laughter. Senator Jenner, without asking for the floor said, "Let's do it over again. Let's do a retake."

Senator Bridges then remarked that this was "peculiar censure" to discover after all the time and expense of a special Senate session that the resolution did not contain the word "censure."

Senator Fulbright asserted that Senator Welker had attached a more serious meaning to "condemn" than to "censure." Earlier today in one of his impassioned speeches Mr. Welker had said, "You don't censure a man to death, you condemn him to death."

Senator Arthur V. Watkins, Republican of Utah, who was chairman of the special committee that recommended censure, then said that in the last censure proceeding, twenty-five years ago, the word "censure" was not used but that the resolution had stated that "such conduct s hereby condemned."

"The point I wanted to make," said Senator Watkins, "is that it is the historical word used in censure resolutions."

Then Mr. Jenner asked for the floor in the usual parliamentary way, this time, to remark, grinning, there was some confusion and "do you suppose we could do it all over again?"

Senator Welker rose to comment on definitions and referred to the censure proceedings as a "mock court."

Shortly afterward Senator McCarthy left. He had been in the Senate chamber only briefly, coming in after the final roll-call on the ultimate vote had started. He said "present" instead of voting on the issue that is bound to have a marked effect on his political career.

Later, outside the chamber, reporters asked him if he felt he had been censured.

"Well, it wasn't exactly a vote of confidence," replied Mr. McCarthy, who was still wearing his right arm in a bandage for the bursitis that had interrupted the censure proceedings for ten days.

"I'm happy to have this circus ended so I can get back to the real work of digging out communism, crime and corruption," he continued. "That job will start officially Monday morning, after ten months of inaction." He was referring to a coming inquiry into alleged Communists in defense plants.

He had referred to the session as a "lynch party"--one of the remarks for which he was condemned in the Bennett amendment--and was asked if he felt he had been "lynched."

"I don't feel I have been lynched," he replied.

He expressed his disappointment that the Democrats had voted "straight down the party line, even though they had declared before it started that this was to be a judicial proceeding."

Among Democrats the view was that he might have received a number of their votes if he had not condemned the whole Democratic party some months ago as "the party of treason."

Mr. McCarthy said after referring to the "circus" that he felt no different than he had last night. That is when he had referred to the censure proceeding as a "farce" and a "foul job."

Shouting objections, Senator Jenner opposed an amendment by Senator Edwin C. Johnson, Democrat of Colorado, and vice chairman of the censure committee, that would have placed the Senate on record in the censure resolution as being against communism and determined to investigate subversion relentlessly.

"You're not going to gild the lily now," shouted Senator Jenner. "The record has been made and you are going to stay with it."

He declared that the Democrats had permitted Communists to steal Government secrets through infiltration of the Government.

Senator Price Daniels, Democrat of Texas, then made an eloquent plea, proposing that the resolution be amended to state that the resolution be amended to state that the resolution should not be construed to limit the investigative powers of the Senate, especially as to any communist conspiracy.

He said he wanted to do this to counter the McCarthy charge that the Communist party had reached into the Senate to make a censure committee "do the work of the Communist party.

"I want to make them [the Communists] unhappy and they will be unhappy if you will permit this amendment to be adopted," said Mr. Daniels to Mr. Jenner. "We will be able to say to the world that the allegation is untrue that the Communist party instigated this."

Vice President Nixon ruled that under a consent agreement between the two parties neither the Johnson nor the Daniel amendment could be accepted because it was not germane to the issue of censure.

Flanders Retracts One Point

Toward the end of the Senate session, which adjourned sine die for this year at 7:10 P.M., Senator Ralph E. Flanders, Republican of Vermont, who had sponsored the original censure resolution, said he would stand by all the speeches he had made against Senator McCarthy except that he would like to apologize for a passage in a speech of last March, when he had likened Mr. McCarthy to Hitler.

He also asked unanimous consent to strike the passage from whatever volumes of The Congressional Record remained unbound, but Senator Welker made the single objection that prevented this.

Senators McCarthy, Welker and Jenner have threatened to file counter censure resolutions against Senators Flanders, Fulbright and Morse, who had filed the specifications for the McCarthy censure action. They gave no indication of their plans, and adjournment of the Senate tonight would compel them to wait until the next session.

But Senator Jenner threatened Mr. Flanders with a subpoena if he did not appear before some committee to testify about any relations he might have had with Owen Lattimore.

Mr. Lattimore is a former State Department consultant and professor at Johns Hopkins University who is under indictment on a charge of perjury in a Congressional hearing on his alleged Communist associations.

General Zwicker, now with combat troops in Japan, was criticized by a few McCarthy adherents today as an arrogant and evasive witness against the contrary evidence of the censure committee, which had called him as a witness.

He had a great many champions, though, even among some Senators who said they would not vote for censure in his case, though they deplored the treatment he had received.

Senator Herbert H. Lehman, Democrat of New York, was among those urging censure in the Zwicker incident. The view of this group was that it would be notice to the country that the Senate was interested only in the offenses against itselfbut cared nothing  of abusive treatment of ordinary citizens.

Senator A. S. Mike Monroney, Democrat of Oklahoma, declared that failure to censure on this count would be notice to the public that the Senate was "a privileged class." He asserted the Zwicker incident was a prime example of how Senator McCarthy indiscriminately abused heroes of the United States and Communists.

Senator Monroney also said failure to censure on this count would be notice that it was all right to place wire taps and intercept mail and telephone calls of teachers, professors, private citizens, whether it was constitutional or not, but that it was not all right to do so in the case of the ninety-six Senators.

It would also amount to saying, he added, that "We are sacrosanct, we are going to disregard the constitutional guarantees."

His allusion here was to the charge by Senator McCarthy that the Elections subcommittee that had investigated his conduct and finances in 1952 had kept a undercover watch on his mail and telephone calls.

Mr. McCarthy contended this was illegal, but the debate brought out yesterday that the subcommittee had been investigating the charge that Senator McCarthy was using money sent him by the public to fight communism to speculate on a commodity exchange.

Senator Charles E. Potter, Republican of Michigan, a Silver Star Army veteran who lost both legs in combat, said he also favored censure in the Zwicker case.

Senator Irving M. Ives, Republican of New York, defeated in the race for Governor in the recent election, kept silent on the McCarthy issue all through the debate, but voted against Mr. McCarthy.

However, whenever Senator Watkins made the pro forma motions to reconsider each vote--a technicality needed to make it final--Senator Ives each time made the necessary motion to table.