BIG TOBACCO FACES MORE SENATE TESTS

WASHINGTON -- Standing a few paces off the Senate floor, Sen. John McCain
expressed satisfaction that far-reaching tobacco legislation had withstood
two early test votes. Still, he cautioned, "I know there will be bad days
before this is over."

Less than 24 hours later, the Arizona Republican watched grim-faced as his
prediction came true. Lawmakers who upheld the bill's $1.10-per-pack price
increase for cigarettes on one day signaled opposition to the bill's
limited legal protection for the tobacco industry on the next.

The quick shift in fortune underscores the difficulties facing McCain and
his allies, as well as the White House and public health advocates, as they
seek the political center on legislation to curb teen-age smoking.

Republican critics of the bill say they are no less perturbed over the evil
of teen smoking, but they contend the same goal could be accomplished with
far smaller tax increases and far less government spending.

Big Tobacco, nominally without allies in Congress, is not without
resources. It is spending heavily on advertising that makes the same point
as some GOP critics of the bill.

The legislation will be back on the floor next month, after lawmakers
return from the Memorial Day recess, and Democrats served notice Friday
they will insist it remain the first order of business. Democrats are
"determined not to do anything else until we get it done," said the party's
leader, Sen. Tom Daschle of South Dakota.

Republican critics are no less determined.

The bill's very presence on the Senate floor represents an irritant for
Republicans. Several sources, speaking on condition of anonymity, said
Majority Leader Trent Lott of Mississippi allowed the measure to come up
for debate over the advice of Nickles as well as at least two other members
of the Republican leadership.

Checked-by: Mike Gogulski